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

As Passed by the Senate

127th General Assembly

Regular Session

2007-2008

Am. Sub. H. B. No. 562

Representative Hottinger

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

A BILL

To amend sections 9.231, 9.24, 9.835, 105.41,

113.061, 113.40, 117.13, 117.38, 120.08,

121.31, 122.171, 125.02, 125.021, 125.022,

125.04, 125.041, 125.05, 125.06, 125.07, 125.18,

125.25, 127.16, 133.08, 135.61, 135.63, 135.65,

135.66, 145.47, 149.30, 156.02, 165.01, 165.03,

303.12, 303.211, 306.43, 307.697, 317.32,

319.301, 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, 1751.01,

1751.04, 1751.05, 1751.11, 1751.111, 1751.12,

1751.13, 1751.15, 1751.16, 1751.17, 1751.18,

1751.20, 1751.31, 1751.34, 1751.53, 1751.60,

1751.89, 2743.49, 2744.05, 2903.12, 2903.213,

2903.214, 2915.101, 2919.26, 2921.13, 2923.11,

2949.092, 3111.04, 3113.06, 3113.31, 3119.023,

3119.54, 3301.0714, 3311.21, 3311.24, 3313.842,

3313.978, 3314.016, 3314.02, 3314.03, 3314.05,

3316.03, 3316.041, 3316.06, 3316.08, 3317.023,

3317.11, 3317.20, 3318.01, 3318.03, 3318.032,

3318.04, 3319.291, 3323.30, 3323.31, 3323.32,

3323.33, 3333.04, 3333.044, 3333.045, 3333.122,

3335.05, 3341.03, 3343.08, 3344.02, 3345.34,

3350.10, 3352.02, 3353.02, 3353.20, 3353.21,

3353.22, 3353.26, 3353.27, 3353.28, 3353.29,

3354.16, 3355.12, 3356.02, 3357.16, 3359.02,

3361.02, 3364.02, 3501.17, 3702.71, 3702.72,

3702.73, 3702.74, 3702.75, 3702.78, 3702.79,

3702.81, 3702.85, 3702.86, 3702.91, 3702.93,

3702.95, 3703.01, 3734.821, 3735.67, 3743.02,

3743.04, 3743.15, 3743.17, 3743.19, 3743.25,

3743.40, 3743.44, 3743.45, 3743.54, 3743.56,

3743.65, 3743.70, 3743.99, 3901.3814, 3905.40,

3923.281, 3923.443, 3961.04, 4112.12, 4117.14,

4117.15, 4123.26, 4123.32, 4123.37, 4123.54,

4131.03, 4141.31, 4141.312, 4301.355, 4301.421,

4301.424, 4301.62, 4303.182, 4510.10, 4511.01,

4511.101, 4511.181, 4511.191, 4731.65, 4731.71,

4735.01, 4735.02, 4735.10, 4735.13, 4735.14,

4735.141, 4752.04, 4752.05, 4752.06, 4752.07,

4752.11, 4752.12, 4752.13, 4906.13, 4906.98,

4928.142, 4928.20, 4981.14, 5101.26, 5101.5211,

5101.5212, 5101.5213, 5101.5214, 5101.5215,

5101.571, 5101.572, 5101.58, 5101.80, 5104.02,

5111.032, 5111.084, 5111.091, 5111.31, 5111.94,

5111.941, 5112.31, 5112.37, 5123.0412,

5123.196, 5123.36, 5513.01, 5525.01, 5703.19,

5703.21, 5703.57, 5705.194, 5705.214, 5705.29,

5709.121, 5721.30, 5721.31, 5721.32, 5721.33,

5721.34, 5721.35, 5721.36, 5721.37, 5721.38,

5721.39, 5721.40, 5721.41, 5721.42, 5721.43,

5727.84, 5727.85, 5739.01, 5739.02, 5739.029,

5739.09, 5739.12, 5739.122, 5739.124, 5739.21,

5741.04, 5741.12, 5741.121, 5741.122, 5743.021,

5743.024, 5743.321, 5743.323, 5745.05, 5747.01,

5747.02, 5748.022, 5751.20, 5751.21, 6101.53,

6101.55, 6117.01, 6117.011, 6117.012, 6117.04,

6117.05, 6117.06, 6117.25, 6117.251, 6117.28,

6117.30, 6117.34, 6117.38, 6117.41, 6117.42,

6117.43, 6117.44, 6117.45, and 6117.49; to

amend, for the purpose of adopting new section

numbers as indicated in parentheses, sections

3323.31 (3323.33), 3323.32 (3323.34), 3323.33

(3323.35), 3353.20 (3333.81), 3353.21

(3333.82), 3353.22 (3333.83), 3353.26 (3333.85),

3353.27 (3333.86), 3353.28 (3333.87), and

3353.29 (3333.88); to enact new sections 3323.31

and 3323.32 and sections 107.19, 125.051, 133.52,

135.101, 135.102, 135.103, 135.104, 135.105,

135.106, 303.213, 519.213, 713.081, 1561.24,

1561.261, 1567.64, 1567.681, 2907.10, 2943.033,

2949.094, 3107.018, 3310.42, 3314.37, 3314.40,

3318.033, 3318.034, 3326.45, 3326.51, 3333.58,

3333.84, 3365.15, 3925.101, 4303.041, 4735.142,

4905.84, 4906.20, 5101.143, 5104.041, 5111.0210,

5111.71, 5111.711, 5111.712, 5111.713, 5111.714,

5111.715, 5111.874, 5111.875, 5111.876,

5111.877, 5111.878, 5111.879, 5111.8710,

5112.371, 5123.0417, 5501.09, 5502.68, 5533.94,

5703.82, 5705.199, 5721.371, 5721.381,

5747.082, 5749.17, 6121.045, and 6123.042; to

repeal sections 124.821, 3314.086, 3317.161,

3353.23, 3353.24, 3353.25, 3353.30, 5111.88,

5111.881, 5111.882, 5111.883, 5111.884,

5111.885, 5111.886, 5111.887, 5111.888, 5111.889,

5111.8810, 5111.8811, 5111.8812, 5111.8813,

5111.8814, 5111.8815, 5111.8816, 5111.8817,

5112.311, and 5739.213 of the Revised Code; to

amend Sections 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,

219.10, 235.10, 261.10, 263.10, 263.20.10,

263.20.80, 263.30.10, 269.30.30, 269.30.70,

269.40.50, 269.50.30, 275.10, 293.10, 299.10,

100

307.10, 309.10, 309.30.13, 309.30.30,

101

309.30.40, 309.30.41, 309.30.42, 309.40.33,

102

337.30, 337.30.43, 337.40, 337.40.15, 369.10,

103

375.10, 379.10, 393.10, 405.10, 407.10, 512.03,

104

512.35, and 518.03 of Am. Sub. H.B. 119 of the

105

127th General Assembly, to amend Section 249.10

106

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

107

Assembly, as subsequently amended, to amend

108

Sections 101.10, 103.80.50, 201.30, 201.50,

109

301.20.20, 301.20.80, 401.11, and 401.71 of

110

H.B. 496 of the 127th General Assembly; to

111

repeal Section 5 of Am. Sub. H.B. 24 of the

112

127th General Assembly and to repeal Section

113

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

114

General Assembly to make capital and other

115

appropriations and to provide authorization and

116

conditions for the operation of state programs.

117

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

Section 101.01. That sections 9.231, 9.24, 9.835, 105.41,	118
113.061, 113.40, 117.13, 117.38, 120.08, 121.31, 122.171,	119
125.02, 125.021, 125.022, 125.04, 125.041, 125.05, 125.06,	120
125.07, 125.18, 125.25, 127.16, 133.08, 135.61, 135.63, 135.65,	121
135.66, 145.47, 149.30, 156.02, 165.01, 165.03, 303.12,	122
303.211, 306.43, 307.697, 317.32, 319.301, 321.261, 340.02,	123
340.021, 351.26, 519.12, 519.211, 715.73, 715.74, 901.42,	124
1332.04, 1346.03, 1561.011, 1561.16, 1561.17, 1561.23, 1561.25,	125
1561.26, 1565.15, 1751.01, 1751.04, 1751.05, 1751.11, 1751.111,	126
1751.12, 1751.13, 1751.15, 1751.16, 1751.17, 1751.18, 1751.20,	127
1751.31, 1751.34, 1751.53, 1751.60, 1751.89, 2743.49, 2744.05,	128
2903.12, 2903.213, 2903.214, 2915.101, 2919.26, 2921.13,	129
2923.11, 2949.092, 3111.04, 3113.06, 3113.31, 3119.023,	130
3119.54, 3301.0714, 3311.21, 3311.24, 3313.842, 3313.978,	131
3314.016, 3314.02, 3314.03, 3314.05, 3316.03, 3316.041,	132
3316.06, 3316.08, 3317.023, 3317.11, 3317.20, 3318.01, 3318.03,	133
3318.032, 3318.04, 3319.291, 3323.30, 3323.31, 3323.32, 3323.33,	134
3333.04, 3333.044, 3333.045, 3333.122, 3335.05, 3341.03,	135
3343.08, 3344.02, 3345.34, 3350.10, 3352.02, 3353.02, 3353.20,	136
3353.21, 3353.22, 3353.26, 3353.27, 3353.28, 3353.29, 3354.16,	137
3355.12, 3356.02, 3357.16, 3359.02, 3361.02, 3364.02, 3501.17,	138
3702.71, 3702.72, 3702.73, 3702.74, 3702.75, 3702.78, 3702.79,	139
3702.81, 3702.85, 3702.86, 3702.91, 3702.93, 3702.95,	140
3703.01, 3734.821, 3735.67, 3743.02, 3743.04, 3743.15, 3743.17,	141
3743.19, 3743.25, 3743.40, 3743.44, 3743.45, 3743.54, 3743.56,	142
3743.65, 3743.70, 3743.99, 3901.3814, 3905.40, 3923.281,	143
3923.443, 3961.04, 4112.12, 4117.14, 4117.15, 4123.26,	144
4123.32, 4123.37, 4123.54, 4131.03, 4141.31, 4141.312, 4301.355,	145
4301.421, 4301.424, 4301.62, 4303.182, 4510.10, 4511.01,	146
4511.101, 4511.181, 4511.191, 4731.65, 4731.71, 4735.01,	147
4735.02, 4735.10, 4735.13, 4735.14, 4735.141, 4752.04, 4752.05,	148
4752.06, 4752.07, 4752.11, 4752.12, 4752.13, 4906.13, 4906.98,	149
4928.142, 4928.20, 4981.14, 5101.26, 5101.5211, 5101.5212,	150
5101.5213, 5101.5214, 5101.5215, 5101.571, 5101.572, 5101.58,	151
5101.80, 5104.02, 5111.032, 5111.084, 5111.091, 5111.31,	152
5111.94, 5111.941, 5112.31, 5112.37, 5123.0412, 5123.196,	153
5123.36, 5513.01, 5525.01, 5703.19, 5703.21, 5703.57,	154
5705.194, 5705.214, 5705.29, 5709.121, 5721.30, 5721.31,	155
5721.32, 5721.33, 5721.34, 5721.35, 5721.36, 5721.37,	156
5721.38, 5721.39, 5721.40, 5721.41, 5721.42, 5721.43, 5727.84,	157
5727.85, 5739.01, 5739.02, 5739.029, 5739.09, 5739.12,	158
5739.122, 5739.124, 5739.21, 5741.04, 5741.12, 5741.121,	159
5741.122, 5743.021, 5743.024, 5743.321, 5743.323, 5745.05,	160
5747.01, 5747.02, 5748.022, 5751.20, 5751.21, 6101.53, 6101.55,	161
6117.01, 6117.011, 6117.012, 6117.04, 6117.05, 6117.06,	162
6117.25, 6117.251, 6117.28, 6117.30, 6117.34, 6117.38,	163
6117.41, 6117.42, 6117.43, 6117.44, 6117.45, and 6117.49 be	164
amended; sections 3323.31 (3323.33), 3323.32 (3323.34),	165
3323.33 (3323.35), 3353.20 (3333.81), 3353.21 (3333.82),	166
3353.22 (3333.83), 3353.26 (3333.85), 3353.27 (3333.86),	167
3353.28 (3333.87), and 3353.29 (3333.88) be amended for the	168
purposes of adopting new section numbers as indicated in	169
parentheses; and new sections 3323.31 and 3323.32 and sections	170
107.19, 125.051, 133.52, 135.101, 135.102, 135.103, 135.104,	171
135.105, 135.106, 303.213, 519.213, 713.081, 1561.24, 1561.261,	172
1567.64, 1567.681, 2907.10, 2943.033, 2949.094, 3107.018,	173
3310.42, 3314.37, 3314.40, 3318.033, 3318.034, 3326.45,	174
3326.51, 3333.58, 3333.84, 3365.15, 3925.101, 4303.041,	175
4735.142, 4905.84, 4906.20, 5101.143, 5104.041, 5111.0210,	176
5111.71, 5111.711, 5111.712, 5111.713, 5111.714, 5111.715,	177
5111.874, 5111.875, 5111.876, 5111.877, 5111.878, 5111.879,	178
5111.8710, 5112.371, 5123.0417, 5501.09, 5502.68, 5533.94,	179
5703.82, 5705.199, 5721.371, 5721.381, 5747.082, 5749.17,	180
6121.045, and 6123.042 of the Revised Code be enacted to read	181
as follows:	182

Sec. 9.231. (A)(1) Subject to divisions (A)(2) and (3) of	183
this section, a governmental entity shall not disburse money	184
totaling twenty-five thousand dollars or more to any person for	185
the provision of services for the primary benefit of individuals	186
or the public and not for the primary benefit of a governmental	187
entity or the employees of a governmental entity, unless the	188
contracting authority of the governmental entity first enters into	189
a written contract with the person that is signed by the person or	190
by an officer or agent of the person authorized to legally bind	191
the person and that embodies all of the requirements and	192
conditions set forth in sections 9.23 to 9.236 of the Revised	193
Code. If the disbursement of money occurs over the course of a	194
governmental entity's fiscal year, rather than in a lump sum, the	195
contracting authority of the governmental entity shall enter into	196
the written contract with the person at the point during the	197
governmental entity's fiscal year that at least seventy-five	198
thousand dollars has been disbursed by the governmental entity to	199
the person. Thereafter, the contracting authority of the	200
governmental entity shall enter into the written contract with the	201
person at the beginning of the governmental entity's fiscal year,	202
if, during the immediately preceding fiscal year, the governmental	203
entity disbursed to that person an aggregate amount totaling at	204
least seventy-five thousand dollars.	205

(2) If the money referred to in division (A)(1) of this	206
section is disbursed by or through more than one state agency to	207
the person for the provision of services to the same population,	208
the contracting authorities of those agencies shall determine	209
which one of them will enter into the written contract with the	210
person.	211

(3) The requirements and conditions set forth in divisions	212
(A), (B), (C), and (F) of section 9.232, divisions (A)(1) and (2)	213
and (B) of section 9.234, divisions (A)(2) and (B) of section	214
9.235, and sections 9.233 and 9.236 of the Revised Code do not	215
apply with respect to the following:	216

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

217

(i) The amount received for the services is a set fee for	218
each time the services are provided, is determined in accordance	219
with a fixed rate per unit of time or per service, or is a	220
capitated rate, and the fee or rate is established by competitive	221
bidding or by a market rate survey of similar services provided in	222
a defined market area. The market rate survey may be one conducted	223
by or on behalf of the governmental entity or an independent	224
survey accepted by the governmental entity as statistically valid	225
and reliable.	226

(ii) The services are provided in accordance with standards	227
established by state or federal law, or by rules or regulations	228
adopted thereunder, for their delivery, which standards are	229
enforced by the federal government, a governmental entity, or an	230
accrediting organization recognized by the federal government or a	231
governmental entity.	232

(iii) Payment for the services is made after the services are	233
delivered and upon submission to the governmental entity of an	234
invoice or other claim for payment as required by any applicable	235
local, state, or federal law or, if no such law applies, by the	236
terms of the contract.	237

(b) Contracts under which the services are reimbursed through	238
or in a manner consistent with a federal program that meets all of	239
the following requirements:	240

(i) The program calculates the reimbursement rate on the	241
basis of the previous year's experience or in accordance with an	242
alternative method set forth in rules adopted by the Ohio	243
department of job and family services.	244

(ii) The reimbursement rate is derived from a breakdown of	245
direct and indirect costs.	246

(iii) The program's guidelines describe types of expenditures	247
that are allowable and not allowable under the program and	248
delineate which costs are acceptable as direct costs for purposes	249
of calculating the reimbursement rate.	250

(iv) The program includes a uniform cost reporting system	251
with specific audit requirements.	252

(c) Contracts under which the services are reimbursed through	253
or in a manner consistent with a federal program that calculates	254
the reimbursement rate on a fee for service basis in compliance	255
with United States office of management and budget Circular A-87,	256
as revised May 10, 2004.	257

(d) Contracts for services that are paid pursuant to the	258
earmarking of an appropriation made by the general assembly for	259
that purpose.	260

(B) Division (A) of this section does not apply if the money	261
is disbursed to a person pursuant to a contract with the United	262
States or a governmental entity under any of the following	263
circumstances:	264

(1) The person receives the money directly or indirectly from	265
the United States, and no governmental entity exercises any	266
oversight or control over the use of the money.	267

(2) The person receives the money solely in return for the	268
performance of one or more of the following types of services:	269

(a) Medical, therapeutic, or other health-related services	270
provided by a person if the amount received is a set fee for each	271
time the person provides the services, is determined in accordance	272
with a fixed rate per unit of time, or is a capitated rate, and	273
the fee or rate is reasonable and customary in the person's trade	274
or profession;	275

(b) Medicaid-funded services, including administrative and	276
management services, provided pursuant to a contract or medicaid	277
provider agreement that meets the requirements of the medicaid	278
program established under Chapter 5111. of the Revised Code.	279

(c) Services, other than administrative or management	280
services or any of the services described in division (B)(2)(a) or	281
(b) of this section, that are commonly purchased by the public at	282
an hourly rate or at a set fee for each time the services are	283
provided, unless the services are performed for the benefit of	284
children, persons who are eligible for the services by reason of	285
advanced age, medical condition, or financial need, or persons who	286
are confined in a detention facility as defined in section 2921.01	287
of the Revised Code, and the services are intended to help promote	288
the health, safety, or welfare of those children or persons;	289

(d) Educational services provided by a school to children	290
eligible to attend that school. For purposes of division (B)(2)(d)	291
of this section, "school" means any school operated by a school	292
district board of education, any community school established	293
under Chapter 3314. of the Revised Code, or any nonpublic school	294
for which the state board of education prescribes minimum	295
education standards under section 3301.07 of the Revised Code.	296

(e) Services provided by a foster home as defined in section	297
5103.02 of the Revised Code;	298

(f) "Routine business services other than administrative or	299
management services," as that term is defined by the attorney	300
general by rule adopted in accordance with Chapter 119. of the	301
Revised Code;	302

(g) Services to protect the environment or promote	303
environmental education that are provided by a nonprofit entity or	304
services to protect the environment that are funded with federal	305
grants or revolving loan funds and administered in accordance with	306
federal law;	307

(h) Services, including administrative and management	308
services, provided under the children's buy-in program established	309
under sections 5101.5211 to 5101.5216 of the Revised Code.	310

(3) The person receives the money solely in return for the	311
performance of services intended to help preserve public health or	312
safety under circumstances requiring immediate action as a result	313
of a natural or man-made emergency.	314

(C) With respect to a nonprofit association, corporation, or	315
organization established for the purpose of providing educational,	316
technical, consulting, training, financial, or other services to	317
its members in exchange for membership dues and other fees, any of	318
the services provided to a member that is a governmental entity	319
shall, for purposes of this section, be considered services "for	320
the primary benefit of a governmental entity or the employees of a	321
governmental entity.	322

Sec. 9.24. (A) Except as may be allowed under division (F) of	323
this section, no state agency and no political subdivision shall	324
award a contract as described in division (G)(1) of this section	325
for goods, services, or construction, paid for in whole or in part	326
with state funds, to a person against whom a finding for recovery	327
has been issued by the auditor of state on and after January 1,	328
2001, if the finding for recovery is unresolved.	329

A contract is considered to be awarded when it is entered	330
into or executed, irrespective of whether the parties to the	331
contract have exchanged any money.	332

(B) For purposes of this section, a finding for recovery is	333
unresolved unless one of the following criteria applies:	334

(1) The money identified in the finding for recovery is paid	335
in full to the state agency or political subdivision to whom the	336
money was owed;	337

(2) The debtor has entered into a repayment plan that is	338
approved by the attorney general and the state agency or political	339
subdivision to whom the money identified in the finding for	340
recovery is owed. A repayment plan may include a provision	341
permitting a state agency or political subdivision to withhold	342
payment to a debtor for goods, services, or construction provided	343
to or for the state agency or political subdivision pursuant to a	344
contract that is entered into with the debtor after the date the	345
finding for recovery was issued.	346

(3) The attorney general waives a repayment plan described in	347
division (B)(2) of this section for good cause;	348

(4) The debtor and state agency or political subdivision to	349
whom the money identified in the finding for recovery is owed have	350
agreed to a payment plan established through an enforceable	351
settlement agreement.	352

(5) The state agency or political subdivision desiring to	353
enter into a contract with a debtor certifies, and the attorney	354
general concurs, that all of the following are true:	355

(a) Essential services the state agency or political	356
subdivision is seeking to obtain from the debtor cannot be	357
provided by any other person besides the debtor;	358

(b) Awarding a contract to the debtor for the essential	359
services described in division (B)(5)(a) of this section is in the	360
best interest of the state;	361

(c) Good faith efforts have been made to collect the money	362
identified in the finding of recovery.	363

(6) The debtor has commenced an action to contest the finding	364
for recovery and a final determination on the action has not yet	365
been reached.	366

(C) The attorney general shall submit an initial report to	367
the auditor of state, not later than December 1, 2003, indicating	368
the status of collection for all findings for recovery issued by	369
the auditor of state for calendar years 2001, 2002, and 2003.	370
Beginning on January 1, 2004, the attorney general shall submit to	371
the auditor of state, on the first day of every January, April,	372
July, and October, a list of all findings for recovery that have	373
been resolved in accordance with division (B) of this section	374
during the calendar quarter preceding the submission of the list	375
and a description of the means of resolution. The attorney general	376
shall notify the auditor of state when a judgment is issued	377
against an entity described in division (F)(1) of this section.	378

(D) The auditor of state shall maintain a database,	379
accessible to the public, listing persons against whom an	380
unresolved finding for recovery has been issued, and the amount of	381
the money identified in the unresolved finding for recovery. The	382
auditor of state shall have this database operational on or before	383
January 1, 2004. The initial database shall contain the	384
information required under this division for calendar years 2001,	385
2002, and 2003.	386

Beginning January 15, 2004, the auditor of state shall update	387
the database by the fifteenth day of every January, April, July,	388
and October to reflect resolved findings for recovery that are	389
reported to the auditor of state by the attorney general on the	390
first day of the same month pursuant to division (C) of this	391
section.	392

(E) Before awarding a contract as described in division	393
(G)(1) of this section for goods, services, or construction, paid	394
for in whole or in part with state funds, a state agency or	395
political subdivision shall verify that the person to whom the	396
state agency or political subdivision plans to award the contract	397
has no unresolved finding for recovery issued against the person.	398
A state agency or political subdivision shall verify that the	399
person does not appear in the database described in division (D)	400
of this section or shall obtain other proof that the person has no	401
unresolved finding for recovery issued against the person.	402

(F) The prohibition of division (A) of this section and the	403
requirement of division (E) of this section do not apply with	404
respect to the companies, payments, or agreements described in	405
divisions (F)(1) and (2) of this section, or in the circumstance	406
described in division (F)(3) of this section.	407

(1) A bonding company or a company authorized to transact the	408
business of insurance in this state, a self-insurance pool, joint	409
self-insurance pool, risk management program, or joint risk	410
management program, unless a court has entered a final judgment	411
against the company and the company has not yet satisfied the	412
final judgment.	413

(2) To medicaid provider agreements under Chapter 5111. of	414
the Revised Code or, payments or provider agreements under	415
disability assistance medical assistance established under Chapter	416
5115. of the Revised Code, or payments or provider agreements	417
under the children's buy-in program established under sections	418
5101.5211 to 5101.5216 of the Revised Code.	419

(3) When federal law dictates that a specified entity provide	420
the goods, services, or construction for which a contract is being	421
awarded, regardless of whether that entity would otherwise be	422
prohibited from entering into the contract pursuant to this	423
section.	424

(G)(1) This section applies only to contracts for goods,	425
services, or construction that satisfy the criteria in either	426
division (G)(1)(a) or (b) of this section. This section may apply	427
to contracts for goods, services, or construction that satisfy the	428
criteria in division (G)(1)(c) of this section, provided that the	429
contracts also satisfy the criteria in either division (G)(1)(a)	430
or (b) of this section.	431

(a) The cost for the goods, services, or construction	432
provided under the contract is estimated to exceed twenty-five	433
thousand dollars.	434

(b) The aggregate cost for the goods, services, or	435
construction provided under multiple contracts entered into by the	436
particular state agency and a single person or the particular	437
political subdivision and a single person within the fiscal year	438
preceding the fiscal year within which a contract is being entered	439
into by that same state agency and the same single person or the	440
same political subdivision and the same single person, exceeded	441
fifty thousand dollars.	442

(c) The contract is a renewal of a contract previously	443
entered into and renewed pursuant to that preceding contract.	444

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

445

(H) As used in this section:

446

(1) "State agency" has the same meaning as in section 9.66 of	447
the Revised Code.	448

(2) "Political subdivision" means a political subdivision as	449
defined in section 9.82 of the Revised Code that has received more	450
than fifty thousand dollars of state money in the current fiscal	451
year or the preceding fiscal year.	452

(3) "Finding for recovery" means a determination issued by	453
the auditor of state, contained in a report the auditor of state	454
gives to the attorney general pursuant to section 117.28 of the	455
Revised Code, that public money has been illegally expended,	456
public money has been collected but not been accounted for, public	457
money is due but has not been collected, or public property has	458
been converted or misappropriated.	459

(4) "Debtor" means a person against whom a finding for	460
recovery has been issued.	461

(5) "Person" means the person named in the finding for	462
recovery.	463

(6) "State money" does not include funds the state receives	464
from another source and passes through to a political	465
subdivision.	466

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

467

(1) "Energy price risk management contract" means a contract	468
that ~~mitigates~~is intended to mitigate, for the term of the	469
contract, the price volatility of energy sources, including, but	470
not limited to, a contract or futures contract for natural gas,	471
gasoline, oil, and diesel fuel, and that is a budgetary and	472
financial tool only and not a contract for the procurement of an	473
energy source.	474

(2) "Political subdivision" means a county, city, village,	475
township, park district, or school district, or regional transit	476
authority.	477

(3) "State entity" means the general assembly, the supreme	478
court, the court of claims, the office of an elected state	479
officer, or a department, bureau, board, office, commission,	480
agency, institution, or other instrumentality of this state	481
established by the constitution or laws of this state for the	482
exercise of any function of state government, but excludes a	483
political subdivision, an institution of higher education, the	484
public employees retirement system, the Ohio police and fire	485
pension fund, the state teachers retirement system, the school	486
employees retirement system, the state highway patrol retirement	487
system, or the city of Cincinnati retirement system.	488

(4) "State official" means the elected or appointed official,	489
or that person's designee, charged with the management of a state	490
entity.	491

(B) If it determines that doing so is in the best interest of	492
the state entity or the political subdivision, and subject to,	493
respectively, state or local appropriation to pay amounts due, a	494
state official or the legislative or other governing authority of	495
a political subdivision may enter into an energy price risk	496
management contract. Money received pursuant to such a contract	497
entered into by a state official shall be deposited to the	498
credit of the general revenue fund of this state, and, unless	499
otherwise provided by ordinance or resolution enacted or adopted	500
by the legislative authority of the political subdivision	501
authorizing any such contract, money received under the contract	502
shall be deposited to the credit of the general fund of the	503
political subdivision.	504

(C) An energy price risk management contract is not an	505
investment for the purposes of section 135.14 of the Revised Code.	506

Sec. 105.41. (A) There is hereby created the capitol square	507
review and advisory board, consisting of thirteen members as	508
follows:	509

(1) Two members of the senate, appointed by the president of	510
the senate, both of whom shall not be members of the same	511
political party;	512

(2) Two members of the house of representatives, appointed by	513
the speaker of the house of representatives, both of whom shall	514
not be members of the same political party;	515

(3) Five members appointed by the governor, with the advice	516
and consent of the senate, not more than three of whom shall be	517
members of the same political party, one of whom shall ~~represent~~	518
~~the office of the state architect and engineer~~be the chief of	519
staff of the governor's office, one of whom shall represent the	520
Ohio arts council, one of whom shall represent the Ohio historical	521
society, one of whom shall represent the Ohio building authority,	522
and one of whom shall represent the public at large;	523

(4) One member, who shall be a former president of the	524
senate, appointed by the current president of the senate. If the	525
current president of the senate, in the current president's	526
discretion, decides for any reason not to make the appointment or	527
if no person is eligible or available to serve, the seat shall	528
remain vacant.	529

(5) One member, who shall be a former speaker of the house of	530
representatives, appointed by the current speaker of the house of	531
representatives. If the current speaker of the house of	532
representatives, in the current speaker's discretion, decides for	533
any reason not to make the appointment or if no person is eligible	534
or available to serve, the seat shall remain vacant.	535

(6) The clerk of the senate and the clerk of the house of	536
representatives.	537

(B) Terms of office of each appointed member of the board	538
shall be for three years, except that members of the general	539
assembly appointed to the board shall be members of the board only	540
so long as they are members of the general assembly and the chief	541
of staff of the governor's office shall be a member of the board	542
only so long as the appointing governor remains in office. Each	543
member shall hold office from the date of the member's appointment	544
until the end of the term for which the member was appointed. In	545
case of a vacancy occurring on the board, the president of the	546
senate, the speaker of the house of representatives, or the	547
governor, as the case may be, shall in the same manner prescribed	548
for the regular appointment to the commission, fill the vacancy	549
by appointing a member. Any member appointed to fill a vacancy	550
occurring prior to the expiration of the term for which the	551
member's predecessor was appointed shall hold office for the	552
remainder of the term. Any appointed member shall continue in	553
office subsequent to the expiration date of the member's term	554
until the member's successor takes office, or until a period of	555
sixty days has elapsed, whichever occurs first.	556

(C) The board shall hold meetings in a manner and at times	557
prescribed by the rules adopted by the board. A majority of the	558
board constitutes a quorum, and no action shall be taken by the	559
board unless approved by at least six members or by at least seven	560
members if a person is appointed under division (A)(4) or (5) of	561
this section. At its first meeting, the board shall adopt rules	562
for the conduct of its business and the election of its officers,	563
and shall organize by selecting a chairperson and other officers	564
as it considers necessary. Board members shall serve without	565
compensation but shall be reimbursed for actual and necessary	566
expenses incurred in the performance of their duties.	567

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

568

(1) Employ or hire on a consulting basis professional,	569
technical, and clerical employees as are necessary for the	570
performance of its duties;	571

(2) Hold public hearings at times and places as determined by	572
the board;	573

(3) Adopt, amend, or rescind rules necessary to accomplish	574
the duties of the board as set forth in this section;	575

(4) Sponsor, conduct, and support such social events as the	576
board may authorize and consider appropriate for the employees of	577
the board, employees and members of the general assembly,	578
employees of persons under contract with the board or otherwise	579
engaged to perform services on the premises of capitol square, or	580
other persons as the board may consider appropriate. Subject to	581
the requirements of Chapter 4303. of the Revised Code, the board	582
may provide beer, wine, and intoxicating liquor, with or without	583
charge, for those events and may use funds only from the sale of	584
goods and services fund to purchase the beer, wine, and	585
intoxicating liquor the board provides.	586

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

587

(1) Have sole authority to coordinate and approve any	588
improvements, additions, and renovations that are made to the	589
capitol square. The improvements shall include, but not be limited	590
to, the placement of monuments and sculpture on the capitol	591
grounds.	592

(2) Subject to section 3353.07 of the Revised Code, operate	593
the capitol square, and have sole authority to regulate all uses	594
of the capitol square. The uses shall include, but not be limited	595
to, the casual and recreational use of the capitol square.	596

(3) Employ, fix the compensation of, and prescribe the duties	597
of the executive director of the board and other employees the	598
board considers necessary for the performance of its powers and	599
duties;	600

(4) Establish and maintain the capitol collection trust. The	601
capitol collection trust shall consist of furniture, antiques, and	602
other items of personal property that the board shall store in	603
suitable facilities until they are ready to be ~~placed~~displayed in	604
the capitol square.	605

(5) Perform repair, construction, contracting, purchasing,	606
maintenance, supervisory, and operating activities the board	607
determines are necessary for the operation and maintenance of the	608
capitol square;	609

(6) Maintain and preserve the capitol square, in accordance	610
with guidelines issued by the United States secretary of the	611
interior for application of the secretary's standards for	612
rehabilitation adopted in 36 C.F.R. part 67;	613

(7) Plan and develop a center at the capitol building for the	614
purpose of educating visitors about the history of Ohio, including	615
its political, economic, and social development and the design and	616
erection of the capitol building and its grounds;	617

(8) Purchase a warehouse in which to store items of the	618
capitol collection trust and, whenever necessary, equipment or	619
other property of the board.	620

(F)(1) The board shall lease capital facilities improved or	621
financed by the Ohio building authority pursuant to Chapter 152.	622
of the Revised Code for the use of the board, and may enter into	623
any other agreements with the authority ancillary to improvement,	624
financing, or leasing of those capital facilities, including, but	625
not limited to, any agreement required by the applicable bond	626
proceedings authorized by Chapter 152. of the Revised Code. Any	627
lease of capital facilities authorized by this section shall be	628
governed by division (D) of section 152.24 of the Revised Code.	629

(2) Fees, receipts, and revenues received by the board from	630
the state underground parking garage constitute available receipts	631
as defined in section 152.09 of the Revised Code, and may be	632
pledged to the payment of bond service charges on obligations	633
issued by the Ohio building authority pursuant to Chapter 152. of	634
the Revised Code to improve or, finance, or purchase capital	635
facilities useful to the board. The authority may, with the	636
consent of the board, provide in the bond proceedings for a pledge	637
of all or a portion of those fees, receipts, and revenues as the	638
authority determines. The authority may provide in the bond	639
proceedings or by separate agreement with the board for the	640
transfer of those fees, receipts, and revenues to the appropriate	641
bond service fund or bond service reserve fund as required to pay	642
the bond service charges when due, and any such provision for the	643
transfer of those fees, receipts, and revenues shall be	644
controlling notwithstanding any other provision of law pertaining	645
to those fees, receipts, and revenues.	646

(3) All moneys received by the treasurer of state on account	647
of the board and required by the applicable bond proceedings or by	648
separate agreement with the board to be deposited, transferred, or	649
credited to the bond service fund or bond service reserve fund	650
established by the bond proceedings shall be transferred by the	651
treasurer of state to such fund, whether or not it is in the	652
custody of the treasurer of state, without necessity for further	653
appropriation, upon receipt of notice from the Ohio building	654
authority as prescribed in the bond proceedings.	655

(G) All fees, receipts, and revenues received by the board	656
from the state underground parking garage shall be deposited into	657
the state treasury to the credit of the underground parking garage	658
operating fund, which is hereby created, to be used for the	659
purposes specified in division (F) of this section and for the	660
operation and maintenance of the garage. All investment earnings	661
of the fund shall be credited to the fund.	662

(H) All donations received by the board shall be deposited	663
into the state treasury to the credit of the capitol square	664
renovation gift fund, which is hereby created. The fund shall be	665
used by the board as follows:	666

(1) To provide part or all of the funding related to	667
construction, goods, or services for the renovation of the capitol	668
square;	669

(2) To purchase art, antiques, and artifacts for display at	670
the capitol square;	671

(3) To award contracts or make grants to organizations for	672
educating the public regarding the historical background and	673
governmental functions of the capitol square. Chapters 125., 127.,	674
and 153. and section 3517.13 of the Revised Code do not apply to	675
purchases made exclusively from the fund, notwithstanding anything	676
to the contrary in those chapters or that section. All investment	677
earnings of the fund shall be credited to the fund.	678

(I) Except as provided in divisions (G), (H), and (J) of this	679
section, all fees, receipts, and revenues received by the board	680
shall be deposited into the state treasury to the credit of the	681
sale of goods and services fund, which is hereby created. Money	682
credited to the fund shall be used solely to pay costs of the	683
board other than those specified in divisions (F) and (G) of this	684
section. All investment earnings of the fund shall be credited to	685
the fund.	686

(J) There is hereby created in the state treasury the capitol	687
square improvement fund, to be used by the board to pay	688
construction, renovation, and other costs related to the capitol	689
square for which money is not otherwise available to the board.	690
Whenever the board determines that there is a need to incur those	691
costs and that the unencumbered, unobligated balance to the credit	692
of the underground parking garage operating fund exceeds the	693
amount needed for the purposes specified in division (F) of this	694
section and for the operation and maintenance of the garage, the	695
board may request the director of budget and management to	696
transfer from the underground parking garage operating fund to the	697
capitol square improvement fund the amount needed to pay such	698
construction, renovation, or other costs. The director then shall	699
transfer the amount needed from the excess balance of the	700
underground parking garage operating fund.	701

(K) As the operation and maintenance of the capitol square	702
constitute essential government functions of a public purpose, the	703
board shall not be required to pay taxes or assessments upon the	704
square, upon any property acquired or used by the board under this	705
section, or upon any income generated by the operation of the	706
square.	707

(L) As used in this section, "capitol square" means the	708
capitol building, senate building, capitol atrium, capitol	709
grounds, ~~and~~ the state underground parking garage, and the	710
warehouse owned by the board.	711

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

712

Sec. 107.19. The governor shall have no power to issue any	713
executive order that has previously been issued and that the	714
federal trade commission, office of policy planning, bureau of	715
economics, and bureau of competition has opined is	716
anti-competitive and is in violation of anti-trust laws. Any such	717
executive order shall be considered invalid and unenforceable.	718

Sec. 113.061. The treasurer of state shall adopt rules in	719
accordance with Chapter 119. of the Revised Code governing the	720
remittance of taxes by electronic funds transfer as required under	721
sections 5727.311, 5727.83, 5733.022, 5735.062, 5739.032,	722
~~5739.122, 5741.121,~~ 5745.04, and 5747.072 of the Revised Code and	723
any other section of the Revised Code under which a person is	724
required to remit taxes by electronic funds transfer. The rules	725
shall govern the modes of electronic funds transfer acceptable to	726
the treasurer of state and under what circumstances each mode is	727
acceptable, the content and format of electronic funds transfers,	728
the coordination of payment by electronic funds transfer and	729
filing of associated tax reports and returns, the remittance of	730
taxes by means other than electronic funds transfer by persons	731
otherwise required to do so but relieved of the requirement by the	732
treasurer of state, and any other matter that in the opinion of	733
the treasurer of state facilitates payment by electronic funds	734
transfer in a manner consistent with those sections.	735

Upon failure by a person, if so required, to remit taxes by	736
electronic funds transfer in the manner prescribed under section	737
5727.83, 5733.022, 5735.062, 5739.032, ~~5739.122, 5741.121,~~	738
5745.04, or 5747.072 of the Revised Code and rules adopted under	739
this section, the treasurer of state shall notify the tax	740
commissioner of such failure if the treasurer of state determines	741
that such failure was not due to reasonable cause or was due to	742
willful neglect, and shall provide the tax commissioner with any	743
information used in making that determination. The tax	744
commissioner may assess an additional charge as specified in the	745
respective section of the Revised Code governing the requirement	746
to remit taxes by electronic funds transfer.	747

The treasurer of state may implement means of acknowledging,	748
upon the request of a taxpayer, receipt of tax remittances made by	749
electronic funds transfer, and may adopt rules governing	750
acknowledgments. The cost of acknowledging receipt of electronic	751
remittances shall be paid by the person requesting acknowledgment.	752

The treasurer of state, not the tax commissioner, is	753
responsible for resolving any problems involving electronic funds	754
transfer transmissions.	755

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

756

(1) "Financial transaction device" includes a credit card,	757
debit card, charge card, prepaid or stored value card, or	758
automated clearinghouse network credit, debit, or e-check entry	759
that includes, but is not limited to, accounts receivable and	760
internet-initiated, point of purchase, and telephone-initiated	761
applications, or any other device or method for making an	762
electronic payment or transfer of funds.	763

(2) "State expenses" includes fees, costs, taxes,	764
assessments, fines, penalties, payments, or any other expense a	765
person owes to a state office under the authority of a state	766
elected official or to a state entity.	767

(3) "State elected official" means the governor, lieutenant	768
governor, attorney general, secretary of state, treasurer of	769
state, and auditor of state.	770

(4) "State entity" includes any state department, agency,	771
board, or commission that deposits funds into the state treasury.	772

(B) Notwithstanding any other section of the Revised Code and	773
subject to division (D) of this section, the board of deposit may	774
adopt a resolution authorizing the acceptance of payments by	775
financial transaction device to pay for state expenses. The	776
resolution shall include all of the following:	777

(1) A designation of those state elected officials and state	778
entities authorized to accept payments by financial transaction	779
device;	780

(2) A list of state expenses that may be paid by the use of a	781
financial transaction device;	782

(3) Specific identification of financial transaction devices	783
that a state elected official or state entity may authorize as	784
acceptable means of payment for state expenses. Division (B)(3)	785
of this section does not require that the same financial	786
transaction devices be accepted for the payment of different types	787
of state expenses.	788

(4) The amount, if any, authorized as a surcharge or	789
convenience fee under division (E) of this section for persons	790
using a financial transaction device. Division (B)(4) of this	791
section does not require that the same surcharges or convenience	792
fees be applied to the payment of different types of state	793
expenses.	794

(5) A specific requirement, as provided in division (G) of	795
this section, for the payment of a penalty if a payment made by	796
means of a financial transaction device is returned or dishonored	797
for any reason.	798

The board of deposit's resolution also shall designate the	799
treasurer of state as the administrative agent to solicit	800
proposals, within guidelines established by the board of deposit	801
in the resolution and in compliance with the procedures provided	802
in division (C) of this section, from financial institutions,	803
issuers of financial transaction devices, and processors of	804
financial transaction devices; to make recommendations about those	805
proposals to the state elected officials; and to assist state	806
offices in implementing the state's financial transaction device	807
acceptance and processing program.	808

(C) The administrative agent shall follow the procedures	809
provided in this division whenever it plans to contract with	810
financial institutions, issuers of financial transaction devices,	811
or processors of financial transaction devices for the purposes of	812
this section. The administrative agent shall request proposals	813
from at least three financial institutions, issuers of financial	814
transaction devices, or processors of financial transaction	815
devices, as appropriate in accordance with the resolution adopted	816
under division (B) of this section. Prior to sending any	817
financial institution, issuer, or processor a copy of any such	818
request, the administrative agent shall advertise its intent to	819
request proposals in a newspaper of general circulation in the	820
state once a week for two consecutive weeks. The notice shall	821
state that the administrative agent intends to request proposals;	822
specify the purpose of the request; indicate the date, which shall	823
be at least ten days after the second publication, on which the	824
request for proposals will be mailed to financial institutions,	825
issuers, or processors; and require that any financial	826
institution, issuer, or processor, whichever is appropriate,	827
interested in receiving the request for proposals submit written	828
notice of this interest to the administrative agent not later than	829
noon of the day on which the request for proposals will be mailed.	830

Upon receiving the proposals, the administrative agent shall	831
review them and make a recommendation to the board of deposit	832
regarding which proposals to accept. The board of deposit shall	833
consider the agent's recommendation and review all proposals	834
submitted, and then may choose to contract with any or all of the	835
entities submitting proposals, as appropriate. The board of	836
deposit shall provide any financial institution, issuer, or	837
processor that submitted a proposal, but with which the board does	838
not enter into a contract, notice that its proposal is rejected.	839

(D) The board of deposit shall send a copy of the resolution	840
adopted under division (B) of this section to each state elected	841
official and state entity authorized to accept payments for state	842
expenses by financial transaction device. After receiving the	843
resolution and before accepting such payments by financial	844
transaction device, such a state elected official or state entity	845
shall provide written notification to the administrative agent of	846
the official's or entity's intent to implement the resolution	847
within the official's or entity's office. Each state office or	848
entity subject to the board's resolution adopted under division	849
(B) of this section shall use only the financial institutions,	850
issuers of financial transaction devices, and processors of	851
financial transaction devices with which the board of deposit	852
contracts, and each such office or entity is subject to the terms	853
of those contracts.	854

If a state entity under the authority of a state elected	855
official is directly responsible for collecting one or more state	856
expenses and the state elected official determines not to accept	857
payments by financial transaction device for one or more of those	858
expenses, the office is not required to accept payments by	859
financial transaction device for those expenses, notwithstanding	860
the adoption of a resolution by the board of deposit under	861
division (B) of this section.	862

Any state entity that prior to March 18, 1999, accepted	863
financial transaction devices may continue to accept such devices	864
until June 30, 2000, without being subject to any resolution	865
adopted by the board of deposit under division (B) of this	866
section, or any other oversight by the board of the entity's	867
financial transaction device program. Any such entity may use	868
surcharges or convenience fees in any manner the state elected	869
official or other official in charge of the entity determines to	870
be appropriate, and, if the administrative agent consents, may	871
appoint the administrative agent to be the entity's administrative	872
agent for purposes of accepting financial transaction devices. In	873
order to be exempt from the resolution of the board of deposit	874
under division (B) of this section, a state entity shall notify	875
the board in writing within thirty days after March 18, 1999, that	876
it accepted financial transaction devices prior to March 18, 1999.	877
Each such notification shall explain how processing costs	878
associated with financial transaction devices are being paid and	879
shall indicate whether surcharge or convenience fees are being	880
passed on to consumers.	881

(E) The board of deposit may establish a surcharge or	882
convenience fee that may be imposed upon a person making payment	883
by a financial transaction device. The surcharge or convenience	884
fee shall not be imposed unless authorized or otherwise permitted	885
by the rules prescribed under a contract, between the financial	886
institution, issuer, or processor and the administrative agent,	887
governing the use and acceptance of the financial transaction	888
device.	889

The establishment of a surcharge or convenience fee shall	890
follow the guidelines of the financial institution, issuer of	891
financial transaction devices, or processor of financial	892
transaction devices with which the board of deposit contracts.	893

If a surcharge or convenience fee is imposed, every state	894
entity accepting payment by a financial transaction device,	895
regardless of whether that entity is subject to a resolution	896
adopted by the board of deposit, shall clearly post a notice in	897
the entity's office, and shall notify each person making a payment	898
by such a device, about the surcharge or fee. Notice to each	899
person making a payment shall be provided regardless of the medium	900
used to make the payment and in a manner appropriate to that	901
medium. Each notice shall include all of the following:	902

(1) A statement that there is a surcharge or convenience fee	903
for using a financial transaction device;	904

(2) The total amount of the charge or fee expressed in	905
dollars and cents for each transaction, or the rate of the charge	906
or fee expressed as a percentage of the total amount of the	907
transaction, whichever is applicable;	908

(3) A clear statement that the surcharge or convenience fee	909
is nonrefundable.	910

(F) If a person elects to make a payment by a financial	911
transaction device and a surcharge or convenience fee is imposed,	912
the payment of the surcharge or convenience fee is not refundable.	913

(G) If a person makes payment by a financial transaction	914
device and the payment is returned or dishonored for any reason,	915
the person is liable to the state for the state expense and any	916
reimbursable costs for collection, including banking charges,	917
legal fees, or other expenses incurred by the state in collecting	918
the returned or dishonored payment. The remedies and procedures	919
provided in this section are in addition to any other available	920
civil or criminal remedies provided by law.	921

(H) No person making any payment by a financial transaction	922
device to a state office shall be relieved from liability for the	923
underlying obligation, except to the extent that the state	924
realizes final payment of the underlying obligation in cash or its	925
equivalent. If final payment is not made by the financial	926
transaction device issuer or other guarantor of payment in the	927
transaction, the underlying obligation survives and the state	928
shall retain all remedies for enforcement that would have applied	929
if the transaction had not occurred.	930

(I) A state entity or employee who accepts a financial	931
transaction device payment in accordance with this section and any	932
applicable state or local policies or rules is immune from	933
personal liability for the final collection of such payments as	934
specified in section 9.87 of the Revised Code.	935

(J) The administrative agent, in cooperation with the office	936
of budget and management, may adopt, amend, and rescind rules in	937
accordance with section 111.15 of the Revised Code to implement	938
this section.	939

Sec. 117.13. (A) The costs of audits of state agencies shall	940
be recovered by the auditor of state in the following manner:	941

(1) The costs of all audits of state agencies shall be paid	942
to the auditor of state on statements rendered by the auditor of	943
state. Money so received by the auditor of state shall be paid	944
into the state treasury to the credit of the public audit expense	945
fund--intrastate, which is hereby created, and shall be used to	946
pay costs related to such audits. The costs of all annual and	947
special audits of a state agency shall be charged to the state	948
agency being audited. The costs of all biennial audits of a state	949
agency shall be paid from money appropriated to the department of	950
administrative services for that purpose. The costs of any	951
assistant auditor, employee, or expert employed pursuant to	952
section 117.09 of the Revised Code called upon to testify in any	953
legal proceedings in regard to any audit, or called upon to review	954
or discuss any matter related to any audit, may be charged to the	955
state agency to which the audit relates.	956

(2) The auditor of state shall establish by rule rates to be	957
charged to state agencies or to the department of administrative	958
services for recovering the costs of audits of state agencies.	959

(B) As used in this division, "government auditing standards"	960
means the government auditing standards published by the	961
comptroller general of the United States general accounting	962
office.	963

(1) Except as provided in divisions (B)(2) and (3) of this	964
section, any costs of an audit of a private institution,	965
association, board, or corporation receiving public money for its	966
use shall be charged to the public office providing the public	967
money in the same manner as costs of an audit of the public	968
office.	969

(2) If an audit of a private child placing agency or private	970
noncustodial agency receiving public money from a public children	971
services agency for providing child welfare or child protection	972
services sets forth that money has been illegally expended,	973
converted, misappropriated, or is unaccounted for, the costs of	974
the audit shall be charged to the agency being audited in the same	975
manner as costs of an audit of a public office, unless the	976
findings are inconsequential, as defined by government auditing	977
standards.	978

(3) If such an audit does not set forth that money has been	979
illegally expended, converted, misappropriated, or is unaccounted	980
for or sets forth findings that are inconsequential, as defined by	981
government auditing standards, the costs of the audit shall be	982
charged as follows:	983

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

984

(b) One-third of the costs to the public children services	985
agency that provided the public money to the agency being audited;	986

(c) One-third of the costs to the department of job and	987
family services.	988

(C) The costs of audits of local public offices shall be	989
recovered by the auditor of state in the following manner:	990

(1) The total amount of compensation paid assistant auditors	991
of state, their expenses, the cost of employees assigned to assist	992
the assistant auditors of state, the cost of experts employed	993
pursuant to section 117.09 of the Revised Code, and the cost of	994
typing, reviewing, and copying reports shall be borne by the	995
public office to which such assistant auditors of state are so	996
assigned, except that annual vacation and sick leave of assistant	997
auditors of state, employees, and typists shall be financed from	998
the general revenue fund. The necessary traveling and hotel	999
expenses of the deputy inspectors and supervisors of public	1000
offices shall be paid from the state treasury. Assistant auditors	1001
of state shall be compensated by the taxing district or other	1002
public office audited for activities undertaken pursuant to	1003
division (B) of section 117.18 and section 117.24 of the Revised	1004
Code. The costs of any assistant auditor, employee, or expert	1005
employed pursuant to section 117.09 of the Revised Code called	1006
upon to testify in any legal proceedings in regard to any audit,	1007
or called upon to review or discuss any matter related to any	1008
audit, may be charged to the public office to which the audit	1009
relates.	1010

(2) The auditor of state shall certify the amount of such	1011
compensation, expenses, cost of experts, reviewing, copying, and	1012
typing to the fiscal officer of the local public office audited.	1013
The fiscal officer of the local public office shall forthwith draw	1014
a warrant upon the general fund or other appropriate funds of the	1015
local public office to the order of the auditor of state;	1016
provided, that the auditor of state is authorized to negotiate	1017
with any local public office and, upon agreement between the	1018
auditor of state and the local public office, may adopt a schedule	1019
for payment of the amount due under this section. Money so	1020
received by the auditor of state shall be paid into the state	1021
treasury to the credit of the public audit expense fund--local	1022
government, which is hereby created, and shall be used to pay the	1023
compensation, expense, cost of experts and employees, reviewing,	1024
copying, and typing of reports.	1025

(3) At the conclusion of each audit, or analysis and report	1026
made pursuant to section 117.24 of the Revised Code, the auditor	1027
of state shall furnish the fiscal officer of the local public	1028
office audited a statement showing the total cost of the audit, or	1029
of the audit and the analysis and report, and the percentage of	1030
the total cost chargeable to each fund audited. The fiscal officer	1031
may distribute such total cost to each fund audited in accordance	1032
with its percentage of the total cost.	1033

(4) The auditor of state shall provide each local public	1034
office a statement or certification of the amount due from the	1035
public office for services performed by the auditor of state under	1036
this or any other section of the Revised Code, as well as the date	1037
upon which payment is due to the auditor of state. Any local	1038
public office that does not pay the amount due to the auditor of	1039
state by that date may be assessed by the auditor of state for	1040
interest from the date upon which the payment is due at the rate	1041
per annum prescribed by section 5703.47 of the Revised Code. All	1042
interest charges assessed by the auditor of state may be collected	1043
in the same manner as audit costs pursuant to division (D) of this	1044
section.	1045

(D) If the auditor of state fails to receive payment for any	1046
amount due, including, but not limited to, fines, fees, and costs,	1047
from a public office for services performed under this or any	1048
other section of the Revised Code, the auditor of state may seek	1049
payment through the office of budget and management. (Amounts due	1050
include any amount due to an independent public accountant with	1051
whom the auditor has contracted to perform services, all costs and	1052
fees associated with participation in the uniform accounting	1053
network, and all costs associated with the auditor's provision of	1054
local government services.) Upon certification by the auditor of	1055
state to the director of budget and management of any such amount	1056
due, the director shall withhold from the public office any amount	1057
available, up to and including the amount certified as due, from	1058
any funds under the director's control that belong to or are	1059
lawfully payable or due to the public office. The director shall	1060
promptly pay the amount withheld to the auditor of state. If the	1061
director determines that no funds due and payable to the public	1062
office are available or that insufficient amounts of such funds	1063
are available to cover the amount due, the director shall withhold	1064
and pay to the auditor of state the amounts available and, in the	1065
case of a local public office, certify the remaining amount to the	1066
county auditor of the county in which the local public office is	1067
located. The county auditor shall withhold from the local public	1068
office any amount available, up to and including the amount	1069
certified as due, from any funds under the county auditor's	1070
control and belonging to or lawfully payable or due to the local	1071
public office. The county auditor shall promptly pay any such	1072
amount withheld to the auditor of state.	1073

Sec. 117.38. Each public office, other than a state agency,	1074
shall file a financial report for each fiscal year. The auditor of	1075
state may prescribe forms by rule or may issue guidelines, or	1076
both, for such reports. If the auditor of state has not prescribed	1077
a rule regarding the form for the report, the public office shall	1078
submit its report on the form utilized by the public office.	1079

The report shall be certified by the proper officer or board	1080
and filed with the auditor of state within sixty days after the	1081
close of the fiscal year, except that public offices reporting	1082
pursuant to generally accepted accounting principles shall file	1083
their reports within one hundred fifty days after the close of the	1084
fiscal year. The auditor of state may extend the deadline for	1085
filing a financial report and establish terms and conditions for	1086
any such extension. At the time the report is filed with the	1087
auditor of state, the chief fiscal officer, except as otherwise	1088
provided in section 319.11 of the Revised Code, shall publish	1089
notice in a newspaper published in the political subdivision or	1090
taxing district, and if there is no such newspaper, then in a	1091
newspaper of general circulation in the political subdivision or	1092
taxing district. The notice shall state that the financial report	1093
has been completed by the public office and is available for	1094
public inspection at the office of the chief fiscal officer.	1095

The report shall contain the following:

1096

(A) Amount of collections and receipts, and accounts due from	1097
each source;	1098

(B) Amount of expenditures for each purpose;

1099

(C) Income of each public service industry owned or operated	1100
by a municipal corporation, and the cost of such ownership or	1101
operation;	1102

(D) Amount of public debt of each taxing district, the	1103
purpose for which each item of such debt was created, and the	1104
provision made for the payment thereof. The substance of the	1105
report shall be published at the expense of the state in an annual	1106
volume of statistics, which shall be submitted to the governor.	1107
The auditor of state shall transmit the report to the general	1108
assembly at its next session.	1109

Any public office, other than a state agency, that does not	1110
file its financial report at the time required by this section	1111
shall pay to the auditor of state twenty-five dollars for each day	1112
the report remains unfiled after the filing date; provided, that	1113
the penalty payments shall not exceed the sum of seven hundred	1114
fifty dollars. The auditor of state may waive all or any part of	1115
the penalty assessed under this section upon the filing of the	1116
past due financial report. All sums collected from such penalties	1117
shall be placed in the public audit expense fund--local	1118
government. ~~The~~If the auditor of state ~~may deduct~~fails to	1119
receive payment for penalties not paid within one year from the	1120
required filing date ~~from any funds under the auditor of state's~~	1121
~~control belonging to the public office. If funds are withheld from~~	1122
~~a county because of the failure of a taxing district located in~~	1123
~~whole or in part within the county to file, the county may deduct~~	1124
~~the amount of penalty from any revenues due the delinquent~~	1125
~~district~~, the auditor may recover the penalties through the	1126
process in division (D) of section 117.13 of the Revised Code.	1127

Every county agency, board, or commission shall provide to	1128
the county auditor, not later than the first day of March each	1129
year unless a later date is authorized by the county auditor, all	1130
information determined by the county auditor to be necessary for	1131
the preparation of the report required by this section.	1132

Sec. 120.08. There is hereby created in the state treasury	1133
the indigent defense support fund, consisting of money paid into	1134
the fund pursuant to section 4511.19 of the Revised Code and	1135
pursuant to section 2949.094 of the Revised Code out of the	1136
additional court costs imposed under that section. The state	1137
public defender shall use the money in the fund for the purpose	1138
of reimbursing county governments for expenses incurred pursuant	1139
to sections 120.18, 120.28, and 120.33 of the Revised Code.	1140
Disbursements from the fund to county governments shall be made	1141
in each state fiscal year and shall be allocated proportionately	1142
so that each county receives an equal percentage of its total	1143
cost for operating its county public defender system, its joint	1144
county public defender system, or its county appointed counsel	1145
system.	1146

Sec. 121.31. There is hereby created the commission on	1147
Hispanic-Latino affairs consisting of eleven voting members	1148
appointed by the governor with the advice and consent of the	1149
senate and two ex officio, nonvoting members who are members of	1150
the general assembly. The speaker of the house of representatives	1151
shall recommend to the governor two persons for appointment to the	1152
commission, the president of the senate shall recommend to the	1153
governor two such persons, and the minority leaders of the house	1154
and senate shall each recommend to the governor one such person.	1155
The governor shall make initial appointments to the commission. Of	1156
the initial appointments made to the commission, three shall be	1157
for a term ending October 7, 1978, four shall be for a term ending	1158
October 7, 1979, and four shall be for a term ending October 7,	1159
1980. ~~Thereafter~~One ex officio member of the commission shall be	1160
a member of the house of representatives appointed by the speaker	1161
of the house of representatives and one ex officio member of the	1162
commission shall be a member of the senate appointed by the	1163
president of the senate. When making their initial appointments,	1164
the speaker shall appoint a member of the house of representatives	1165
who is affiliated with the minority political party in the house	1166
of representatives and the president shall appoint a member of the	1167
senate who is affiliated with the majority political party in the	1168
senate; in making subsequent appointments the speaker and the	1169
president each shall alternate the political party affiliation of	1170
the members they appoint to the commission. The speaker and	1171
president shall make their initial appointments so that the	1172
initial ex officio members begin their terms October 7, 2008.	1173

After the initial appointments by the governor, terms of	1174
office shall be for three years, ~~each~~except that members of the	1175
general assembly appointed to the commission shall be members of	1176
the commission only so long as they are members of the general	1177
assembly. Each term ~~ending~~shall end on the same day of the same	1178
month of the year as did the term which it succeeds. Each member	1179
shall hold office from the date of appointment until the end of	1180
the term for which the member was appointed. Vacancies shall be	1181
filled in the same manner as the original appointment. Any member	1182
appointed to fill a vacancy occurring prior to the expiration of	1183
the term for which the member's predecessor was appointed shall	1184
hold office for the remainder of such term. Any member shall	1185
continue in office subsequent to the expiration date of the	1186
member's term until the member's successor takes office, or until	1187
a period of sixty days has elapsed, whichever occurs first. At the	1188
first organizational meeting of the commission, the original	1189
eleven members shall draw lots to determine the length of the term	1190
each member shall serve.	1191

All voting members of the commission shall speak Spanish,	1192
shall be of Spanish-speaking origin, and shall be American	1193
citizens or lawful, permanent, resident aliens. ~~Members~~Voting	1194
members shall be from urban, suburban, and rural geographical	1195
areas representative of Spanish-speaking people with a numerical	1196
and geographical balance of the Spanish-speaking population	1197
throughout the state.	1198

The commission shall meet not less than six times per	1199
calendar year. The commission shall elect a chairperson,	1200
vice-chairperson, and other officers from its voting members as it	1201
considers advisable. Six voting members constitute a quorum. The	1202
commission shall adopt rules governing its procedures. No action	1203
of the commission is valid without the concurrence of six members.	1204

Each voting member shall be compensated for work as a member	1205
for each day that the member is actually engaged in the	1206
performance of work as a member. No voting member shall be	1207
compensated for more than one day each month. In addition, each	1208
voting member shall be reimbursed for all actual and necessary	1209
expenses incurred in the performance of official business.	1210

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

1211

(1) "Capital investment project" means a plan of investment	1212
at a project site for the acquisition, construction, renovation,	1213
or repair of buildings, machinery, or equipment, or for	1214
capitalized costs of basic research and new product development	1215
determined in accordance with generally accepted accounting	1216
principles, but does not include any of the following:	1217

(a) Payments made for the acquisition of personal property	1218
through operating leases;	1219

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

1220

(c) Payments made to a related member as defined in section	1221
5733.042 of the Revised Code or to an elected consolidated	1222
taxpayer or a combined taxpayer as defined in section 5751.01 of	1223
the Revised Code.	1224

(2) "Eligible business" means a business with Ohio operations	1225
satisfying all of the following:	1226

(a) Employed an average of at least one thousand employees in	1227
full-time employment positions at a project site during each of	1228
the twelve months preceding the application for a tax credit under	1229
this section; and	1230

(b) On or after January 1, 2002, has made or has caused to be	1231
made payments for the capital investment project, including	1232
payments made by an unrelated third party entity as a result of a	1233
lease of not less than twenty years in term, of either of the	1234
following:	1235

(i) At least two hundred million dollars in the aggregate at	1236
the project site during a period of three consecutive calendar	1237
years, including the calendar year that includes a day of the	1238
taxpayer's taxable year or tax period with respect to which the	1239
credit is granted;	1240

(ii) If the average wage of all full-time employment	1241
positions at the project site is greater than four hundred per	1242
cent of the federal minimum wage, at least one hundred million	1243
dollars in the aggregate at the project site during a period of	1244
three consecutive calendar years including the calendar year that	1245
includes a day of the taxpayer's taxable year or tax period with	1246
respect to which the credit is granted.	1247

(c) Is engaged at the project site primarily as a	1248
manufacturer or is providing significant corporate administrative	1249
functions. If the investment under division (A)(2)(b) of this	1250
section was made by a third party entity as a result of a lease of	1251
not less than twenty years in term, the project must include	1252
headquarters operations that are part of a mixed use development	1253
that includes at least two of the following: office, hotel,	1254
research and development, or retail facilities.	1255

(d) Has had a capital investment project reviewed and	1256
approved by the tax credit authority as provided in divisions (C),	1257
(D), and (E) of this section.	1258

(3) "Full-time employment position" means a position of	1259
employment for consideration for at least an average of	1260
thirty-five hours a week that has been filled for at least one	1261
hundred eighty days immediately preceding the filing of an	1262
application under this section and for at least one hundred eighty	1263
days during each taxable year or each calendar year that includes	1264
a tax period with respect to which the credit is granted, or is	1265
employed in such position for consideration for such time, but is	1266
on active duty reserve or Ohio national guard service.	1267

(4) "Manufacturer" has the same meaning as in section	1268
5739.011 of the Revised Code.	1269

(5) "Project site" means an integrated complex of facilities	1270
in this state, as specified by the tax credit authority under this	1271
section, within a fifteen-mile radius where a taxpayer is	1272
primarily operating as an eligible business.	1273

(6) "Applicable corporation" means a corporation satisfying	1274
all of the following:	1275

(a)(i) For the entire taxable year immediately preceding the	1276
tax year, the corporation develops software applications primarily	1277
to provide telecommunication billing and information services	1278
through outsourcing or licensing to domestic or international	1279
customers.	1280

(ii) Sales and licensing of software generated at least six	1281
hundred million dollars in revenue during the taxable year	1282
immediately preceding the tax year the corporation is first	1283
entitled to claim the credit provided under division (B) of this	1284
section.	1285

(b) For the entire taxable year immediately preceding the tax	1286
year, the corporation or one or more of its related members	1287
provides customer or employee care and technical support for	1288
clients through one or more contact centers within this state, and	1289
the corporation and its related members together have a daily	1290
average, based on a three-hundred-sixty-five-day year, of at least	1291
five hundred thousand successful customer contacts through one or	1292
more of their contact centers, wherever located.	1293

(c) The corporation is eligible for the credit under division	1294
(B) of this section for the tax year.	1295

(7) "Related member" has the same meaning as in section	1296
5733.042 of the Revised Code as that section existed on the	1297
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	1298
general assembly, September 29, 1997.	1299

(8) "Successful customer contact" means a contact with an end	1300
user via telephone, including interactive voice recognition or	1301
similar means, where the contact culminates in a conversation or	1302
connection other than a busy signal or equipment busy.	1303

(9) "Telecommunications" means all forms of	1304
telecommunications service as defined in section 5739.01 of the	1305
Revised Code, and includes services in wireless, wireline, cable,	1306
broadband, internet protocol, and satellite.	1307

(10)(a) "Applicable difference" means the difference between	1308
the tax for the tax year under Chapter 5733. of the Revised Code	1309
applying the law in effect for that tax year, and the tax for that	1310
tax year if section 5733.042 of the Revised Code applied as that	1311
section existed on the effective date of its amendment by Am. Sub.	1312
H.B. 215 of the 122nd general assembly, September 29, 1997,	1313
subject to division (A)(10)(b) of this section.	1314

(b) If the tax rate set forth in division (B) of section	1315
5733.06 of the Revised Code for the tax year is less than eight	1316
and one-half per cent, the tax calculated under division	1317
(A)(10)(a) of this section shall be computed by substituting a tax	1318
rate of eight and one-half per cent for the rate set forth in	1319
division (B) of section 5733.06 of the Revised Code for the tax	1320
year.	1321

(c) If the resulting difference is negative, the applicable	1322
tax difference for the tax year shall be zero.	1323

(B) The tax credit authority created under section 122.17 of	1324
the Revised Code may grant tax credits under this section for the	1325
purpose of fostering job retention in this state. Upon application	1326
by an eligible business and upon consideration of the	1327
recommendation of the director of budget and management, tax	1328
commissioner, and director of development under division (C) of	1329
this section, the tax credit authority may grant to an eligible	1330
business a nonrefundable credit against the tax imposed by section	1331
5733.06 or 5747.02 of the Revised Code for a period up to fifteen	1332
taxable years and against the tax levied by Chapter 5751. of the	1333
Revised Code for a period of up to fifteen calendar years	1334
provided, however, that if the project site is leased, the term of	1335
the tax credit cannot exceed the lesser of fifteen years or	1336
one-half the term of the lease, including any permitted renewal	1337
periods. The credit shall be in an amount not exceeding	1338
seventy-five per cent of the Ohio income tax withheld from the	1339
employees of the eligible business occupying full-time employment	1340
positions at the project site during the calendar year that	1341
includes the last day of such business' taxable year or tax period	1342
with respect to which the credit is granted. The amount of the	1343
credit shall not be based on the Ohio income tax withheld from	1344
full-time employees for a calendar year prior to the calendar year	1345
in which the minimum investment requirement referred to in	1346
division (A)(2)(b) of this section is completed. The credit shall	1347
be claimed only for the taxable years or tax periods specified in	1348
the eligible business' agreement with the tax credit authority	1349
under division (E) of this section, but in no event shall the	1350
credit be claimed for a taxable year or tax period terminating	1351
before the date specified in the agreement. Any credit granted	1352
under this section against the tax imposed by section 5733.06 or	1353
5747.02 of the Revised Code, to the extent not fully utilized	1354
against such tax for taxable years ending prior to 2008, shall	1355
automatically be converted without any action taken by the tax	1356
credit authority to a credit against the tax levied under Chapter	1357
5751. of the Revised Code for tax periods beginning on or after	1358
July 1, 2008, provided that the person to whom the credit was	1359
granted is subject to such tax. The converted credit shall apply	1360
to those calendar years in which the remaining taxable years	1361
specified in the agreement end.	1362

The credit computed under this division is in addition to any	1363
credit allowed under division (M) of this section, which the tax	1364
credit authority may also include in the agreement.	1365

Any unused portion of a tax credit may be carried forward for	1366
not more than three additional years after the year for which the	1367
credit is granted.	1368

(C) A taxpayer that proposes a capital investment project to	1369
retain jobs in this state may apply to the tax credit authority to	1370
enter into an agreement for a tax credit under this section. The	1371
director of development shall prescribe the form of the	1372
application. After receipt of an application, the authority shall	1373
forward copies of the application to the director of budget and	1374
management, the tax commissioner, and the director of development,	1375
each of whom shall review the application to determine the	1376
economic impact the proposed project would have on the state and	1377
the affected political subdivisions and shall submit a summary of	1378
their determinations and recommendations to the authority.	1379

(D) Upon review of the determinations and recommendations	1380
described in division (C) of this section, the tax credit	1381
authority may enter into an agreement with the taxpayer for a	1382
credit under this section if the authority determines all of the	1383
following:	1384

(1) The taxpayer's capital investment project will result in	1385
the retention of full-time employment positions in this state.	1386

(2) The taxpayer is economically sound and has the ability to	1387
complete the proposed capital investment project.	1388

(3) The taxpayer intends to and has the ability to maintain	1389
operations at the project site for at least ~~twice~~the greater of	1390
(a) the term of the credit plus three years, or (b) seven years.	1391

(4) Receiving the credit is a major factor in the taxpayer's	1392
decision to begin, continue with, or complete the project.	1393

(5) The political subdivisions in which the project is	1394
located have agreed to provide substantial financial support to	1395
the project.	1396

(E) An agreement under this section shall include all of the	1397
following:	1398

(1) A detailed description of the project that is the subject	1399
of the agreement, including the amount of the investment, the	1400
period over which the investment has been or is being made, and	1401
the number of full-time employment positions at the project site.	1402

(2) The method of calculating the number of full-time	1403
employment positions as specified in division (A)(3) of this	1404
section.	1405

(3) The term and percentage of the tax credit, and the first	1406
year for which the credit may be claimed.	1407

(4) A requirement that the taxpayer maintain operations at	1408
the project site for at least ~~twice~~ the ~~number of years as~~greater	1409
of (a) the term of the credit plus three years, or (b) seven	1410
years.	1411

(5) A requirement that the taxpayer retain a specified number	1412
of full-time employment positions at the project site and within	1413
this state for the term of the credit, including a requirement	1414
that the taxpayer continue to employ at least one thousand	1415
employees in full-time employment positions at the project site	1416
during the entire term of any agreement, subject to division	1417
(E)(7) of this section.	1418

(6) A requirement that the taxpayer annually report to the	1419
director of development the number of full-time employment	1420
positions subject to the credit, the amount of tax withheld from	1421
employees in those positions, the amount of the payments made for	1422
the capital investment project, and any other information the	1423
director needs to perform the director's duties under this	1424
section.	1425

(7) A requirement that the director of development annually	1426
review the annual reports of the taxpayer to verify the	1427
information reported under division (E)(6) of this section and	1428
compliance with the agreement. Upon verification, the director	1429
shall issue a certificate to the taxpayer stating that the	1430
information has been verified and identifying the amount of the	1431
credit for the taxable year. Unless otherwise specified by the tax	1432
credit authority in a resolution and included as part of the	1433
agreement, the director shall not issue a certificate for any year	1434
in which the total number of filled full-time employment positions	1435
for each day of the calendar year divided by three hundred	1436
sixty-five is less than ninety per cent of the full-time	1437
employment positions specified in division (E)(5) of this section.	1438
In determining the number of full-time employment positions, no	1439
position shall be counted that is filled by an employee who is	1440
included in the calculation of a tax credit under section 122.17	1441
of the Revised Code.	1442

(8)(a) A provision requiring that the taxpayer, except as	1443
otherwise provided in division (E)(8)(b) of this section, shall	1444
not relocate employment positions from elsewhere in this state to	1445
the project site that is the subject of the agreement for the	1446
lesser of five years from the date the agreement is entered into	1447
or the number of years the taxpayer is entitled to claim the	1448
credit.	1449

(b) The taxpayer may relocate employment positions from	1450
elsewhere in this state to the project site that is the subject of	1451
the agreement if the director of development determines both of	1452
the following:	1453

(i) That the site from which the employment positions would	1454
be relocated is inadequate to meet market and industry	1455
conditions, expansion plans, consolidation plans, or other	1456
business considerations affecting the taxpayer;	1457

(ii) That the legislative authority of the county, township,	1458
or municipal corporation from which the employment positions would	1459
be relocated has been notified of the relocation.	1460

For purposes of this section, the movement of an employment	1461
position from one political subdivision to another political	1462
subdivision shall be considered a relocation of an employment	1463
position unless the movement is confined to the project site. The	1464
transfer of an individual employee from one political subdivision	1465
to another political subdivision shall not be considered a	1466
relocation of an employment position as long as the individual's	1467
employment position in the first political subdivision is	1468
refilled.	1469

(9) A waiver by the taxpayer of any limitations periods	1470
relating to assessments or adjustments resulting from the	1471
taxpayer's failure to comply with the agreement.	1472

(F) If a taxpayer fails to meet or comply with any condition	1473
or requirement set forth in a tax credit agreement, the tax credit	1474
authority may amend the agreement to reduce the percentage or term	1475
of the credit. The reduction of the percentage or term shall take	1476
effect (1) in the taxable year immediately following the taxable	1477
year in which the authority amends the agreement or the director	1478
of development notifies the taxpayer in writing of such failure,	1479
or (2) in the first tax period beginning in the calendar year	1480
immediately following the calendar year in which the authority	1481
amends the agreement or the director notifies the taxpayer in	1482
writing of such failure. If the taxpayer fails to annually report	1483
any of the information required by division (E)(6) of this section	1484
within the time required by the director, the reduction of the	1485
percentage or term may take effect in the current taxable year. If	1486
the taxpayer relocates employment positions in violation of the	1487
provision required under division ~~(D)(8)(a)~~(E)(8)(a) of this	1488
section, the taxpayer shall not claim the tax credit under	1489
section 5733.0610 of the Revised Code for any tax years	1490
following the calendar year in which the relocation occurs, shall	1491
not claim the tax credit under section 5747.058 of the Revised	1492
Code for the taxable year in which the relocation occurs and any	1493
subsequent taxable years, and shall not claim the tax credit	1494
under division (A) of section 5751.50 of the Revised Code for	1495
the tax period in which the relocation occurs and any subsequent	1496
tax periods.	1497

(G) Financial statements and other information submitted to	1498
the department of development or the tax credit authority by an	1499
applicant for or recipient of a tax credit under this section, and	1500
any information taken for any purpose from such statements or	1501
information, are not public records subject to section 149.43 of	1502
the Revised Code. However, the chairperson of the authority may	1503
make use of the statements and other information for purposes of	1504
issuing public reports or in connection with court proceedings	1505
concerning tax credit agreements under this section. Upon the	1506
request of the tax commissioner, the chairperson of the authority	1507
shall provide to the commissioner any statement or other	1508
information submitted by an applicant for or recipient of a tax	1509
credit in connection with the credit. The commissioner shall	1510
preserve the confidentiality of the statement or other	1511
information.	1512

(H) A taxpayer claiming a tax credit under this section shall	1513
submit to the tax commissioner a copy of the director of	1514
development's certificate of verification under division (E)(7) of	1515
this section with the taxpayer's tax report or return for the	1516
taxable year or for the calendar year that includes the tax	1517
period. Failure to submit a copy of the certificate with the	1518
report or return does not invalidate a claim for a credit if the	1519
taxpayer submits a copy of the certificate to the commissioner	1520
within sixty days after the commissioner requests it.	1521

(I) For the purposes of this section, a taxpayer may include	1522
a partnership, a corporation that has made an election under	1523
subchapter S of chapter one of subtitle A of the Internal Revenue	1524
Code, or any other business entity through which income flows as a	1525
distributive share to its owners. A partnership, S-corporation, or	1526
other such business entity may elect to pass the credit received	1527
under this section through to the persons to whom the income or	1528
profit of the partnership, S-corporation, or other entity is	1529
distributed. The election shall be made on the annual report	1530
required under division (E)(6) of this section. The election	1531
applies to and is irrevocable for the credit for which the report	1532
is submitted. If the election is made, the credit shall be	1533
apportioned among those persons in the same proportions as those	1534
in which the income or profit is distributed.	1535

(J) If the director of development determines that a taxpayer	1536
that received a tax credit under this section is not complying	1537
with the requirement under division (E)(4) of this section, the	1538
director shall notify the tax credit authority of the	1539
noncompliance. After receiving such a notice, and after giving the	1540
taxpayer an opportunity to explain the noncompliance, the	1541
authority may terminate the agreement and require the taxpayer to	1542
refund to the state all or a portion of the credit claimed in	1543
previous years, as follows:	1544

(1) If the taxpayer maintained operations at the project site	1545
for less than the term of the credit, the amount required to be	1546
refunded shall not exceed the amount of any tax credits	1547
previously allowed and received under this section.	1548

(2) If the taxpayer maintained operations at the project site	1549
longer than the term of the credit, but less than ~~one and~~	1550
~~one-half times~~the greater of (a) the term of the credit plus	1551
three years, or (b) seven years, the amount required to be	1552
refunded shall not exceed fifty per cent of the sum of any tax	1553
credits previously allowed and received under this section.	1554

~~(3) If the taxpayer maintained operations at the project site~~	1555
~~for at least one and one-half times the term of the credit but~~	1556
~~less than twice the term of the credit, the amount required to be~~	1557
~~refunded shall not exceed twenty-five per cent of the sum of any~~	1558
~~tax credits previously allowed and received under this section.~~	1559

In determining the portion of the credit to be refunded to	1560
this state, the authority shall consider the effect of market	1561
conditions on the taxpayer's project and whether the taxpayer	1562
continues to maintain other operations in this state. After making	1563
the determination, the authority shall certify the amount to be	1564
refunded to the tax commissioner. The commissioner shall make an	1565
assessment for that amount against the taxpayer under Chapter	1566
5733., 5747., or 5751. of the Revised Code. The time limitations	1567
on assessments under those chapters do not apply to an assessment	1568
under this division, but the commissioner shall make the	1569
assessment within one year after the date the authority certifies	1570
to the commissioner the amount to be refunded.	1571

If the director of development determines that a taxpayer	1572
that received a tax credit under this section has reduced the	1573
number of employees agreed to under division (E)(5) of this	1574
section by more than ten per cent, the director shall notify the	1575
tax credit authority of the noncompliance. After receiving such	1576
notice, and after providing the taxpayer an opportunity to explain	1577
the noncompliance, the authority may amend the agreement to reduce	1578
the percentage or term of the tax credit. The reduction in the	1579
percentage or term shall take effect in the taxable year, or in	1580
the calendar year that includes the tax period, in which the	1581
authority amends the agreement.	1582

(K) The director of development, after consultation with the	1583
tax commissioner and in accordance with Chapter 119. of the	1584
Revised Code, shall adopt rules necessary to implement this	1585
section. The rules may provide for recipients of tax credits under	1586
this section to be charged fees to cover administrative costs of	1587
the tax credit program. The fees collected shall be credited to	1588
the tax incentive programs operating fund created in section	1589
122.174 of the Revised Code. At the time the director gives public	1590
notice under division (A) of section 119.03 of the Revised Code of	1591
the adoption of the rules, the director shall submit copies of the	1592
proposed rules to the chairpersons of the standing committees on	1593
economic development in the senate and the house of	1594
representatives.	1595

(L) On or before the thirty-first day of March of each year,	1596
the director of development shall submit a report to the governor,	1597
the president of the senate, and the speaker of the house of	1598
representatives on the tax credit program under this section. The	1599
report shall include information on the number of agreements that	1600
were entered into under this section during the preceding calendar	1601
year, a description of the project that is the subject of each	1602
such agreement, and an update on the status of projects under	1603
agreements entered into before the preceding calendar year.	1604

(M)(1) A nonrefundable credit shall be allowed to an	1605
applicable corporation and its related members in an amount equal	1606
to the applicable difference. The credit is in addition to the	1607
credit granted to the corporation or related members under	1608
division (B) of this section. The credit is subject to divisions	1609
(B) to (E) and division (J) of this section.	1610

(2) A person qualifying as an applicable corporation under	1611
this section for a tax year does not necessarily qualify as an	1612
applicable corporation for any other tax year. No person is	1613
entitled to the credit allowed under division (M) of this section	1614
for the tax year immediately following the taxable year during	1615
which the person fails to meet the requirements in divisions	1616
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled	1617
to the credit allowed under division (M) of this section for any	1618
tax year for which the person is not eligible for the credit	1619
provided under division (B) of this section.	1620

Sec. 125.02. Except as to the adjutant general for military	1621
supplies and services, the capital square review and advisory	1622
board, ~~the department of rehabilitation and correction as~~	1623
~~specified in division (D) of section 125.04 of the Revised Code,~~	1624
the general assembly, ~~the bureau of workers' compensation~~the	1625
judicial branch, and institutions administered by boards of	1626
trustees, the department of administrative services may ~~purchase~~	1627
establish contracts for supplies and services for the use of state	1628
agencies, or for the use of any political subdivision as described	1629
in division (B) of section 125.04 of the Revised Code.	1630

~~So far as possible, the department of administrative services~~	1631
~~shall make all purchases from the department of rehabilitation and~~	1632
~~correction in the exercise of the functions of the department of~~	1633
~~rehabilitation and correction in the management of state~~	1634
~~institutions.~~	1635

The department of administrative services shall prescribe	1636
uniform rules governing forms of specifications, advertisements	1637
for proposals, the opening of bids, the making of awards and	1638
contracts, and the purchase of supplies and performance of work.	1639

~~Nothing in this section precludes the bureau from entering~~	1640
~~into a contract with the department of administrative services for~~	1641
~~the department to purchase supplies, or services for the use of~~	1642
~~the bureau.~~	1643

Sec. 125.021. (A) Except as to the military department, the	1644
general assembly, the bureau of workers' compensation, the	1645
industrial commission, and institutions administered by boards of	1646
trustees, the ~~office of information technology~~department of	1647
administrative services may contract for~~, operate, and superintend~~	1648
telephone, other telecommunication, and computer services for	1649
state agencies. Nothing in this division precludes the bureau or	1650
the commission from contracting with the ~~office~~department to	1651
authorize the ~~office~~department to contract for~~, operate, or~~	1652
~~superintend~~ those services for the bureau or the commission.	1653

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

1654

(a) "Active duty" means active duty pursuant to an executive	1655
order of the president of the United States, an act of the	1656
congress of the United States, or section 5919.29 or 5923.21 of	1657
the Revised Code.	1658

(b) "Immediate family" means a person's spouse residing in	1659
the person's household, brothers and sisters of the whole or of	1660
the half blood, children, including adopted children and	1661
stepchildren, parents, and grandparents.	1662

(2) The ~~office of information technology~~department of	1663
administrative services may enter into a contract to purchase bulk	1664
long distance telephone services and make them available at cost,	1665
or may make bulk long distance telephone services available at	1666
cost under any existing contract the ~~office~~department has entered	1667
into, to members of the immediate family of persons deployed on	1668
active duty so that those family members can communicate with the	1669
persons so deployed. If the ~~office~~department enters into	1670
contracts under division (B)(2) of this section, it shall do so in	1671
accordance with sections 125.01 to 125.11 of the Revised Code and	1672
in a nondiscriminatory manner that does not place any potential	1673
vendor at a competitive disadvantage.	1674

(3) If the ~~office~~department decides to exercise either	1675
option under division (B)(2) of this section, it shall adopt, and	1676
may amend, rules under Chapter 119. of the Revised Code to	1677
implement that division.	1678

Sec. 125.022. The department of administrative services may	1679
enter into cooperative purchasing agreements with one or more	1680
other states or, groups of states, the federal government, other	1681
purchasing consortia, institutions of higher education, or ~~with~~	1682
any political subdivision of this state described in division (B)	1683
of section 125.04 of the Revised Code for the purpose of	1684
purchasing services or supplies ~~produced from or containing~~	1685
~~recycled materials for the use of state agencies~~.	1686

Sec. 125.04. (A) Except as provided in division (D) of this	1687
section, the department of administrative services shall determine	1688
what supplies and services are purchased by or for state	1689
agencies. Whenever the department of administrative services	1690
makes any change or addition to the lists of supplies and	1691
services that it determines to purchase for state agencies, it	1692
shall provide a list to the agencies of the changes or additions	1693
~~and indicate when the department will be prepared to furnish each~~	1694
~~item listed~~. Except for the requirements of division (B) of	1695
section 125.11 of the Revised Code, sections 125.04 to 125.08 and	1696
125.09 to 125.15 of the Revised Code do not apply to or affect the	1697
educational institutions of the state. ~~The department shall not~~	1698
~~include the bureau of workers' compensation in the lists of~~	1699
~~supplies, equipment, and services purchased and furnished by the~~	1700
~~department.~~	1701

~~Nothing in this division precludes the bureau from entering~~	1702
~~into a contract with the department for the department to perform~~	1703
~~services relative to supplies, equipment, and services contained~~	1704
~~in this division for the bureau.~~	1705

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

1706

(a) "Chartered nonpublic school" has the same meaning as in	1707
section 3310.01 of the Revised Code.	1708

(b) "Emergency medical service organization" has the same	1709
meaning as in section 4765.01 of the Revised Code.	1710

~~(b)~~(c) "Political subdivision" means any county, township,	1711
municipal corporation, school district, conservancy district,	1712
township park district, park district created under Chapter 1545.	1713
of the Revised Code, regional transit authority, regional airport	1714
authority, regional water and sewer district, or port authority.	1715
"Political subdivision" also includes any other political	1716
subdivision described in the Revised Code that has been approved	1717
by the department to participate in the department's contracts	1718
under this division.	1719

~~(c)~~(d) "Private fire company" has the same meaning as in	1720
section 9.60 of the Revised Code.	1721

(2) Subject to division (C) of this section, the department	1722
of administrative services may permit a political subdivision,	1723
county board of elections, private fire company, or private,	1724
nonprofit emergency medical service organization, or chartered	1725
nonpublic school to participate in contracts into which the	1726
department has entered for the purchase of supplies and	1727
services. The department may charge the entity a reasonable fee	1728
to cover the administrative costs the department incurs as a	1729
result of participation by the entity in such a purchase	1730
contract.	1731

A political subdivision desiring to participate in such	1732
purchase contracts shall file with the department a certified copy	1733
of an ordinance or resolution of the legislative authority or	1734
governing board of the political subdivision. The resolution or	1735
ordinance shall request that the political subdivision be	1736
authorized to participate in such contracts and shall agree that	1737
the political subdivision will be bound by such terms and	1738
conditions as the department prescribes and that it will directly	1739
pay the vendor under each purchase contract. A board of elections	1740
desiring to participate in such purchase contracts shall file	1741
with the purchasing authority a written request for inclusion in	1742
the program. A private fire company or, private, nonprofit	1743
emergency medical service organization, or chartered nonpublic	1744
school desiring to participate in such purchase contracts shall	1745
file with the department a written request for inclusion in the	1746
program signed by the chief officer of the company or,	1747
organization, or chartered nonpublic school. A request for	1748
inclusion shall include an agreement to be bound by such terms	1749
and conditions as the department prescribes and to make direct	1750
payments to the vendor under each purchase contract.	1751

The department shall include in its annual report an	1752
estimate of the cost it incurs by permitting political	1753
subdivisions, county boards of elections, private fire companies,	1754
~~and~~ private, nonprofit emergency medical service organizations,	1755
and chartered nonpublic schools to participate in contracts	1756
pursuant to this division. The department may require such	1757
entities to file a report with the department, as often as it	1758
finds necessary, stating how many such contracts the entities	1759
participated in within a specified period of time, and any other	1760
information the department requires.	1761

(3) Purchases made by a political subdivision or a county	1762
board of elections under this division are exempt from any	1763
competitive selection procedures otherwise required by law. No	1764
political subdivision shall make any purchase under this division	1765
when bids have been received for such purchase by the subdivision,	1766
unless such purchase can be made upon the same terms, conditions,	1767
and specifications at a lower price under this division.	1768

(C) A political subdivision as defined in division (B) of	1769
this section or a county board of elections may purchase supplies	1770
or services from another party, including a political	1771
subdivision, instead of through participation in contracts	1772
described in division (B) of this section if the political	1773
subdivision or county board of elections can purchase those	1774
supplies or services from the other party upon equivalent terms,	1775
conditions, and specifications but at a lower price than it can	1776
through those contracts. Purchases that a political subdivision or	1777
county board of elections makes under this division are exempt	1778
from any competitive selection procedures otherwise required by	1779
law. A political subdivision or county board of elections that	1780
makes any purchase under this division shall maintain sufficient	1781
information regarding the purchase to verify that the political	1782
subdivision or county board of elections satisfied the conditions	1783
for making a purchase under this division. Nothing in this	1784
division restricts any action taken by a county or township as	1785
authorized by division (A)(1) of section 9.48 of the Revised Code.	1786

(D) This section does not apply to supplies or services	1787
required by the legislative or judicial branches, the capitol	1788
square review and advisory board, the adjutant general for	1789
military supplies and services, to supplies or services purchased	1790
by a state agency directly as provided in division (A), (B), or	1791
~~(E)~~(F) of section 125.05 of the Revised Code, or to purchases of	1792
supplies or services for the emergency management agency as	1793
provided in section 125.023 of the Revised Code~~, or to purchases~~	1794
~~of supplies or services for the department of rehabilitation and~~	1795
~~correction in its operation of the program for the employment of~~	1796
~~prisoners established under section 5145.16 of the Revised Code~~	1797
~~that shall be made pursuant to rules adopted by the director of~~	1798
~~administrative services and the director of rehabilitation and~~	1799
~~correction in accordance with Chapter 119. of the Revised Code.~~	1800
~~The rules may provide for the exemption of the program for the~~	1801
~~employment of prisoners from the requirements of division (A) of~~	1802
~~this section~~.	1803

Sec. 125.041. Nothing in sections 125.02, 125.03 to 125.08,	1804
125.12 to 125.16, 125.18, 125.31 to 125.76, or 125.831 of the	1805
Revised Code shall be construed as limiting the attorney general,	1806
auditor of state, secretary of state, or treasurer of state in any	1807
of the following:	1808

(A) Purchases for less than the dollar amounts for the	1809
purchase of supplies or services determined pursuant to division	1810
~~(D)~~(E) of section 125.05 of the Revised Code;	1811

(B) Purchases that equal or exceed the dollar amounts for the	1812
purchase of supplies or services determined pursuant to division	1813
~~(D)~~(E) of section 125.05 of the Revised Code with the approval of	1814
the controlling board, if that approval is required by section	1815
127.16 of the Revised Code;	1816

(C) The final determination of the nature or quantity making	1817
any purchase of supplies or services to be purchased pursuant to	1818
section 125.06 of the Revised Code;	1819

(D) The final determination and disposal of excess and	1820
surplus supplies;	1821

(E) The inventory of state property;

1822

(F) The purchase of printing;

1823

(G) Activities related to information technology development	1824
and use;	1825

(H) The fleet management program.

1826

Sec. 125.05. Except as provided in division ~~(E)~~(F) of this	1827
section, no state agency shall purchase any supplies or services	1828
except as provided in divisions (A) to ~~(C)~~(D) of this section.	1829

(A) Subject to division ~~(D)~~(E) of this section, a state	1830
agency may, without competitive selection, make any purchase of	1831
supplies or services that cost ~~fifty~~twenty-five thousand dollars	1832
or less ~~or any purchase of supplies that cost twenty-five thousand~~	1833
~~dollars or less~~. The agency may make the purchase directly or may	1834
make the purchase from or through the department of administrative	1835
services, whichever the agency determines. The ~~department shall~~	1836
~~establish written procedures to assist state agencies when they~~	1837
~~make direct purchases. If the agency makes the purchase directly,~~	1838
~~it shall make the purchase by a term contract whenever possible~~	1839
agency shall adopt written procedures consistent with the	1840
department's purchasing procedures and shall use those procedures	1841
when making purchases under this division.	1842

(B) Subject to division (E) of this section and in accordance	1843
with section 125.051 of the Revised Code, a state agency may make	1844
purchases of supplies and services that cost more than twenty-five	1845
thousand dollars but less than fifty thousand dollars if the	1846
purchases are made under the direction of an employee of the	1847
agency who is certified by the department to make purchases and if	1848
the purchases comply with the department's purchasing procedures.	1849
Section 127.16 of the Revised Code does not apply to purchases	1850
made under this division. Until the certification effective date	1851
established by the department in rules adopted under section	1852
125.051 of the Revised Code, state agencies may make purchases of	1853
supplies and services that cost more than twenty-five thousand	1854
dollars but less than fifty thousand dollars in the same manner as	1855
provided in division (A) of this section.	1856

~~(B)~~(C) Subject to division ~~(D)~~(E) of this section, a state	1857
agency wanting to purchase ~~services that cost more than fifty~~	1858
~~thousand dollars or~~ supplies or services that cost more than	1859
twenty-five thousand dollars shall, unless otherwise authorized by	1860
law, make the purchase from or through the department. The	1861
department shall make the purchase by competitive selection ~~under~~	1862
~~section 125.07 of the Revised Code~~. If the director of	1863
administrative services determines that it is not possible or not	1864
advantageous to the state for the department to make the purchase,	1865
the department shall grant the agency a release and permit under	1866
section 125.06 of the Revised Code to make the purchase. Section	1867
127.16 of the Revised Code does not apply to purchases the	1868
department makes under this section.	1869

~~(C)~~(D) An agency that has been granted a release and permit	1870
to make a purchase may make the purchase without competitive	1871
selection if after making the purchase the cumulative purchase	1872
threshold as computed under division ~~(F)~~(E) of section 127.16 of	1873
the Revised Code would:	1874

(1) Be exceeded and the controlling board approves the	1875
purchase;	1876

(2) Not be exceeded and the department of administrative	1877
services approves the purchase.	1878

~~(D)~~(E) Not later than ~~January 31, 1997, the amounts specified~~	1879
~~in divisions (A) and (B) of this section and, not later than~~ the	1880
thirty-first day of January of each ~~second~~even-numbered year	1881
~~thereafter, any amounts computed by adjustments made under this~~	1882
~~division, shall be increased or decreased by the average~~	1883
~~percentage increase or decrease in the consumer price index~~	1884
~~prepared by the United States bureau of labor statistics (U.S.~~	1885
~~City Average for Urban Wage Earners and Clerical Workers: "All~~	1886
~~Items 1982-1984=100") for the twenty-four calendar month period~~	1887
~~prior to the immediately preceding first day of January over the~~	1888
~~immediately preceding twenty-four calendar month period, as~~	1889
~~reported by the bureau. The director of administrative services~~	1890
~~shall make this determination and adjust the appropriate amounts~~	1891
~~accordingly~~, the directors of administrative services and budget	1892
and management shall review and recommend to the general assembly,	1893
if necessary, adjustments to the amounts specified in divisions	1894
(A) to (C) of this section and division (B) of section 127.16 of	1895
the Revised Code.	1896

~~(E)~~(F) If the eTech Ohio commission, the department of	1897
education, or the Ohio education computer network determines that	1898
it can purchase software services or supplies for specified school	1899
districts at a price less than the price for which the districts	1900
could purchase the same software services or supplies for	1901
themselves, the commission, department, or network shall certify	1902
that fact to the department of administrative services and, acting	1903
as an agent for the specified school districts, shall make that	1904
purchase without following the provisions in divisions (A) to (D)	1905
of this section.	1906

Sec. 125.051. The director of administrative services shall	1907
certify employees of state agencies to make purchases of supplies	1908
and services under division (B) of section 125.05 of the Revised	1909
Code. The director shall adopt rules in accordance with Chapter	1910
119. of the Revised Code governing certification that provide for	1911
the following:	1912

(A) Requirements for certification, including candidate	1913
qualifications and training on how to make purchases in accordance	1914
with the department of administrative services' purchasing	1915
procedures;	1916

(B) Requirements and procedures for renewal of certification;

1917

(C) Causes for and procedures governing termination of	1918
certification;	1919

(D) Requirements and procedures for granting provisional	1920
certification;	1921

(E) The certification effective date, after which purchases	1922
shall be made by certified employees;	1923

(F) Any other rules necessary to govern certification.

1924

Sec. 125.06. The department of administrative services may,	1925
pursuant to division ~~(B)~~(C) of section 125.05 of the Revised Code	1926
and subject to such rules as the director of administrative	1927
services may adopt, issue a release and permit to the agency to	1928
secure supplies or services. A release and permit shall specify	1929
the supplies or services to which it applies, the time during	1930
which it is operative, and the reason for its issuance. A release	1931
and permit for computer services shall also specify the type of	1932
services to be rendered, the number and type of machines to be	1933
employed, and may specify the amount of such services to be	1934
performed. One copy of every release and permit shall be filed	1935
with the agency to which it is issued, and one copy shall be	1936
retained by the department.	1937

Sec. 125.07. The department of administrative services, in	1938
making a purchase by competitive selection pursuant to division	1939
~~(B)~~(C) of section 125.05 of the Revised Code, shall give notice in	1940
the following manner:	1941

(A) The department shall advertise the intended purchases by	1942
notice that is posted by mail or electronic means and that is for	1943
the benefit of competing persons producing or dealing in the	1944
supplies or services to be purchased, including, but not limited	1945
to, the persons whose names appear on the appropriate list	1946
provided for in section 125.08 of the Revised Code. The notice may	1947
be in the form of the bid or proposal document or of a listing in	1948
a periodic bulletin, or in any other form the director of	1949
administrative services considers appropriate to sufficiently	1950
notify qualified competing persons of the intended purchases.	1951

(B) The notice required under division (A) of this section	1952
shall include the time and place where bids or proposals will be	1953
accepted and opened, or, when bids are made in a reverse auction,	1954
the time when bids will be accepted; the conditions under which	1955
bids or proposals will be received; the terms of the proposed	1956
purchases; and an itemized list of the supplies or services to be	1957
purchased and the estimated quantities or amounts of them.	1958

(C) The posting of the notice required under division (A) of	1959
this section shall be completed by the number of days the director	1960
determines preceding the day when the bids or proposals will be	1961
opened or accepted.	1962

(D) The department also shall maintain, in a public place in	1963
its office, a bulletin board upon which it shall post and maintain	1964
a copy of the notice required under division (A) of this section	1965
for at least the number of days the director determines under	1966
division (C) of this section preceding the day of the opening or	1967
acceptance of the bids or proposals. The failure to so	1968
additionally post the notice shall invalidate all proceedings had	1969
and any contract entered into pursuant to the proceedings.	1970

Sec. 125.18. (A) There is hereby established the office of	1971
information technology ~~housed~~ within the department of	1972
administrative services. The office shall be under the supervision	1973
of a state chief information officer to be appointed by the	1974
~~governor~~director of administrative services and subject to	1975
removal at the pleasure of the ~~governor~~director. The chief	1976
information officer ~~shall serve as the~~is an assistant director of	1977
~~the office~~administrative services.	1978

(B) ~~The director of the office of information technology~~	1979
~~shall advise the governor regarding the superintendence and~~	1980
~~implementation of statewide information technology policy.~~	1981

~~(C) The director of the office of information technology~~	1982
Under the direction of the director of administrative services,	1983
the state chief information officer shall lead, oversee, and	1984
direct state agency activities related to information technology	1985
development and use. In that regard, the ~~director~~state chief	1986
information officer shall do all of the following:	1987

(1) Coordinate and superintend statewide efforts to promote	1988
common use and development of technology by state agencies. The	1989
office of information technology shall establish policies and	1990
standards that govern and direct state agency participation in	1991
statewide programs and initiatives.	1992

(2) Establish policies and standards for the acquisition and	1993
use of information technology by state agencies, including, but	1994
not limited to, hardware, software, technology services, and	1995
security, with which state agencies shall comply;	1996

(3) Establish criteria and review processes to identify state	1997
agency information technology projects or purchases that require	1998
alignment or oversight. As appropriate, the ~~office of information~~	1999
~~technology~~department of administrative services shall provide	2000
the governor and the director of budget and management with	2001
notice and advice regarding the appropriate allocation of	2002
resources for those projects. The ~~director of the office of~~	2003
~~information technology~~state chief information officer may require	2004
state agencies to provide, and may prescribe the form and manner	2005
by which they must provide, information to fulfill the ~~director's~~	2006
state chief information officer's alignment and oversight role;	2007

(4) Establish policies and procedures for the security of	2008
personal information that is maintained and destroyed by state	2009
agencies;	2010

(5) Employ a chief information security officer who is	2011
responsible for the implementation of the policies and procedures	2012
described in division ~~(C)~~(B)(4) of this section and for	2013
coordinating the implementation of those policies and procedures	2014
in all of the state agencies;	2015

(6) Employ a chief privacy officer who is responsible for	2016
advising ~~the office of information technology and~~ state agencies	2017
when establishing policies and procedures for the security of	2018
personal information and developing education and training	2019
programs regarding the state's security procedures.	2020

~~(D)~~(C)(1) The chief information security officer shall	2021
assist each state agency with the development of an information	2022
technology security strategic plan and review that plan, and each	2023
state agency shall submit that plan to the ~~office of information~~	2024
~~technology~~state chief information officer. The chief information	2025
security officer may require that each state agency update its	2026
information technology security strategic plan annually as	2027
determined by the state chief information officer.	2028

(2) Prior to the implementation of any information technology	2029
data system, a state agency shall prepare or have prepared a	2030
privacy impact statement for that system.	2031

~~(E) The office of information technology shall have the same~~	2032
~~authority given to the department of administrative services~~	2033
~~under sections 125.01, 125.02, 125.023, 125.04, 125.05, 125.06,~~	2034
~~125.07, 125.071, 125.072, 125.081, 125.09, 125.10, 125.11, and~~	2035
~~125.25 of the Revised Code for the purchase of information~~	2036
~~technology supplies and services for state agencies.~~	2037

~~(F)~~(D) When a state agency requests a purchase of information	2038
technology supplies or services under Chapter 125. of the Revised	2039
Code, the state chief information officer may review and reject	2040
the requested purchase for noncompliance with information	2041
technology direction, plans, policies, standards, or	2042
project-alignment criteria.	2043

(E) The office of information technology may ~~make contracts~~	2044
~~for,~~ operate~~, and superintend~~ technology ~~supplies and~~ services	2045
for state agencies in accordance with this chapter.	2046

~~(G) The~~(F) With the approval of the director of	2047
administrative services, the office of information technology may	2048
establish cooperative agreements with federal and local	2049
government agencies and state agencies that are not under the	2050
authority of the governor for the provision of technology	2051
services and the development of technology projects.	2052

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

2053

(1) "Personal information" has the same meaning as in section	2054
149.45 of the Revised Code.	2055

(2) "State agency" means every organized body, office, or	2056
agency established by the laws of the state for the exercise of	2057
any function of state government, other than any state-supported	2058
institution of higher education, the office of the auditor of	2059
state, treasurer of state, secretary of state, or attorney	2060
general, the adjutant general's department, the bureau of workers'	2061
compensation, the industrial commission, the public employees	2062
retirement system, the Ohio police and fire pension fund, the	2063
state teachers retirement system, the school employees retirement	2064
system, the state highway patrol retirement system, the general	2065
assembly or any legislative agency, or the courts or any judicial	2066
agency.	2067

Sec. 125.25. (A) The director of administrative services may	2068
debar a vendor from consideration for contract awards upon a	2069
finding based upon a reasonable belief that the vendor has done	2070
any of the following:	2071

(1) Abused the selection process by repeatedly withdrawing	2072
bids or proposals before purchase orders or contracts are issued	2073
or failing to accept orders based upon firm bids;	2074

(2) Failed to substantially perform a contract according to	2075
its terms, conditions, and specifications within specified time	2076
limits;	2077

(3) Failed to cooperate in monitoring contract performance by	2078
refusing to provide information or documents required in a	2079
contract, failed to respond to complaints to the vendor, or	2080
accumulated repeated justified complaints regarding performance of	2081
a contract;	2082

(4) Attempted to influence a public employee to breach	2083
ethical conduct standards or to influence a contract award;	2084

(5) Colluded to restrain competition by any means;

2085

(6) Been convicted of a criminal offense related to the	2086
application for or performance of any public or private contract,	2087
including, but not limited to, embezzlement, theft, forgery,	2088
bribery, falsification or destruction of records, receiving stolen	2089
property, and any other offense that directly reflects on the	2090
vendor's business integrity;	2091

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

2092

(8) Deliberately or willfully submitted false or misleading	2093
information in connection with the application for or performance	2094
of a public contract;	2095

(9) Violated any other responsible business practice or	2096
performed in an unsatisfactory manner as determined by the	2097
director;	2098

(10) Through the default of a contract or through other means	2099
had a determination of unresolved finding for recovery by the	2100
auditor of state under section 9.24 of the Revised Code;	2101

(11) Acted in such a manner as to be debarred from	2102
participating in a contract with any governmental agency.	2103

(B) When the director reasonably believes that grounds for	2104
debarment exist, the director shall send the vendor a notice of	2105
proposed debarment indicating the grounds for the proposed	2106
debarment and the procedure for requesting a hearing on the	2107
proposed debarment. The hearing shall be conducted in accordance	2108
with Chapter 119. of the Revised Code. If the vendor does not	2109
respond with a request for a hearing in the manner specified in	2110
Chapter 119. of the Revised Code, the director shall issue the	2111
debarment decision without a hearing and shall notify the vendor	2112
of the decision by certified mail, return receipt requested.	2113

(C) The director shall determine the length of the debarment	2114
period and may rescind the debarment at any time upon notification	2115
to the vendor. During the period of debarment, the vendor is not	2116
eligible to participate in any state contract. After the debarment	2117
period expires, the vendor shall be eligible to be awarded	2118
contracts by state agencies.	2119

(D) The director, through ~~the office of information~~	2120
~~technology and~~ the office of procurement services, shall maintain	2121
a list of all vendors currently debarred under this section.	2122

Sec. 127.16. (A) Upon the request of either a state agency	2123
or the director of budget and management and after the controlling	2124
board determines that an emergency or a sufficient economic reason	2125
exists, the controlling board may approve the making of a purchase	2126
without competitive selection as provided in division (B) of this	2127
section.	2128

(B) Except as otherwise provided in this section, no state	2129
agency, using money that has been appropriated to it directly,	2130
shall:	2131

(1) Make any purchase from a particular supplier, that would	2132
amount to fifty thousand dollars or more when combined with both	2133
the amount of all disbursements to the supplier during the fiscal	2134
year for purchases made by the agency and the amount of all	2135
outstanding encumbrances for purchases made by the agency from the	2136
supplier, unless the purchase is made by competitive selection or	2137
with the approval of the controlling board;	2138

(2) Lease real estate from a particular supplier, if the	2139
lease would amount to seventy-five thousand dollars or more when	2140
combined with both the amount of all disbursements to the supplier	2141
during the fiscal year for real estate leases made by the agency	2142
and the amount of all outstanding encumbrances for real estate	2143
leases made by the agency from the supplier, unless the lease is	2144
made by competitive selection or with the approval of the	2145
controlling board.	2146

(C) Any person who authorizes a purchase in violation of	2147
division (B) of this section shall be liable to the state for any	2148
state funds spent on the purchase, and the attorney general shall	2149
collect the amount from the person.	2150

(D) Nothing in division (B) of this section shall be	2151
construed as:	2152

(1) A limitation upon the authority of the director of	2153
transportation as granted in sections 5501.17, 5517.02, and	2154
5525.14 of the Revised Code;	2155

(2) Applying to medicaid provider agreements under Chapter	2156
5111. of the Revised Code or payments or provider agreements under	2157
the disability medical assistance program established under	2158
Chapter 5115. of the Revised Code;	2159

(3) Applying to the purchase of examinations from a sole	2160
supplier by a state licensing board under Title XLVII of the	2161
Revised Code;	2162

(4) Applying to entertainment contracts for the Ohio state	2163
fair entered into by the Ohio expositions commission, provided	2164
that the controlling board has given its approval to the	2165
commission to enter into such contracts and has approved a total	2166
budget amount for such contracts as agreed upon by commission	2167
action, and that the commission causes to be kept itemized records	2168
of the amounts of money spent under each contract and annually	2169
files those records with the clerk of the house of representatives	2170
and the clerk of the senate following the close of the fair;	2171

(5) Limiting the authority of the chief of the division of	2172
mineral resources management to contract for reclamation work with	2173
an operator mining adjacent land as provided in section 1513.27 of	2174
the Revised Code;	2175

(6) Applying to investment transactions and procedures of any	2176
state agency, except that the agency shall file with the board the	2177
name of any person with whom the agency contracts to make, broker,	2178
service, or otherwise manage its investments, as well as the	2179
commission, rate, or schedule of charges of such person with	2180
respect to any investment transactions to be undertaken on behalf	2181
of the agency. The filing shall be in a form and at such times as	2182
the board considers appropriate.	2183

(7) Applying to purchases made with money for the per cent	2184
for arts program established by section 3379.10 of the Revised	2185
Code;	2186

(8) Applying to purchases made by the rehabilitation services	2187
commission of services, or supplies, that are provided to persons	2188
with disabilities, or to purchases made by the commission in	2189
connection with the eligibility determinations it makes for	2190
applicants of programs administered by the social security	2191
administration;	2192

(9) Applying to payments by the department of job and family	2193
services under section 5111.13 of the Revised Code for group	2194
health plan premiums, deductibles, coinsurance, and other	2195
cost-sharing expenses;	2196

(10) Applying to any agency of the legislative branch of the	2197
state government;	2198

(11) Applying to agreements or contracts entered into under	2199
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	2200
Revised Code;	2201

(12) Applying to purchases of services by the adult parole	2202
authority under section 2967.14 of the Revised Code or by the	2203
department of youth services under section 5139.08 of the Revised	2204
Code;	2205

(13) Applying to dues or fees paid for membership in an	2206
organization or association;	2207

(14) Applying to purchases of utility services pursuant to	2208
section 9.30 of the Revised Code;	2209

(15) Applying to purchases made in accordance with rules	2210
adopted by the department of administrative services of motor	2211
vehicle, aviation, or watercraft fuel, or emergency repairs of	2212
such vehicles;	2213

(16) Applying to purchases of tickets for passenger air	2214
transportation;	2215

(17) Applying to purchases necessary to provide public	2216
notifications required by law or to provide notifications of job	2217
openings;	2218

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

2219

(19) Applying to purchases of liquor for resale by the	2220
division of liquor control;	2221

(20) Applying to purchases of motor courier and freight	2222
services made in accordance with department of administrative	2223
services rules;	2224

(21) Applying to purchases from the United States postal	2225
service and purchases of stamps and postal meter replenishment	2226
from vendors at rates established by the United States postal	2227
service;	2228

(22) Applying to purchases of books, periodicals, pamphlets,	2229
newspapers, maintenance subscriptions, and other published	2230
materials;	2231

(23) Applying to purchases from other state agencies,	2232
including state-assisted institutions of higher education;	2233

(24) Limiting the authority of the director of environmental	2234
protection to enter into contracts under division (D) of section	2235
3745.14 of the Revised Code to conduct compliance reviews, as	2236
defined in division (A) of that section;	2237

(25) Applying to purchases from a qualified nonprofit agency	2238
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	2239
the Revised Code;	2240

(26) Applying to payments by the department of job and family	2241
services to the United States department of health and human	2242
services for printing and mailing notices pertaining to the tax	2243
refund offset program of the internal revenue service of the	2244
United States department of the treasury;	2245

(27) Applying to contracts entered into by the department of	2246
mental retardation and developmental disabilities under section	2247
5123.18 of the Revised Code;	2248

(28) Applying to payments made by the department of mental	2249
health under a physician recruitment program authorized by section	2250
5119.101 of the Revised Code;	2251

(29) Applying to contracts entered into with persons by the	2252
director of commerce for unclaimed funds collection and remittance	2253
efforts as provided in division (F) of section 169.03 of the	2254
Revised Code. The director shall keep an itemized accounting of	2255
unclaimed funds collected by those persons and amounts paid to	2256
them for their services.	2257

(30) Applying to purchases made by a state institution of	2258
higher education in accordance with the terms of a contract	2259
between the vendor and an inter-university purchasing group	2260
comprised of purchasing officers of state institutions of higher	2261
education;	2262

(31) Applying to the department of job and family services'	2263
purchases of health assistance services under the children's	2264
health insurance program part I provided for under section 5101.50	2265
of the Revised Code, the children's health insurance program part	2266
II provided for under section 5101.51 of the Revised Code, or the	2267
children's health insurance program part III provided for under	2268
section 5101.52 of the Revised Code, or the children's buy-in	2269
program provided for under sections 5101.5211 to 5101.5216 of the	2270
Revised Code;	2271

(32) Applying to payments by the attorney general from the	2272
reparations fund to hospitals and other emergency medical	2273
facilities for performing medical examinations to collect physical	2274
evidence pursuant to section 2907.28 of the Revised Code;	2275

(33) Applying to contracts with a contracting authority or	2276
administrative receiver under division (B) of section 5126.056 of	2277
the Revised Code;	2278

(34) Applying to reimbursements paid to the United States	2279
department of veterans affairs for pharmaceutical and patient	2280
supply purchases made on behalf of the Ohio veterans' home agency;	2281

(35) Applying to agreements entered into with terminal	2282
distributors of dangerous drugs under section 173.79 of the	2283
Revised Code;	2284

(36) Applying to payments by the superintendent of the bureau	2285
of criminal identification and investigation to the federal bureau	2286
of investigation for criminal records checks pursuant to section	2287
109.572 of the Revised Code.	2288

(E) ~~Notwithstanding division (B)(1) of this section, the~~	2289
~~cumulative purchase threshold shall be seventy-five thousand~~	2290
~~dollars for the departments of mental retardation and~~	2291
~~developmental disabilities, mental health, rehabilitation and~~	2292
~~correction, and youth services.~~	2293

~~(F)~~ When determining whether a state agency has reached the	2294
cumulative purchase thresholds established in divisions (B)(1),	2295
~~(B)~~and (2)~~, and (E)~~ of this section, all of the following	2296
purchases by such agency shall not be considered:	2297

(1) Purchases made through competitive selection or with	2298
controlling board approval;	2299

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

2300

(3) For the purposes of the ~~thresholds~~threshold of ~~divisions~~	2301
division (B)(1) ~~and (E)~~ of this section only, leases of real	2302
estate.	2303

~~(G)~~(F) As used in this section, "competitive selection,"	2304
"purchase," "supplies," and "services" have the same meanings as	2305
in section 125.01 of the Revised Code.	2306

Sec. 133.08. (A) In addition to any power to issue	2307
securities under other provisions of the Revised Code for the	2308
purposes, a county may issue revenue securities as authorized in	2309
this section.	2310

(B) A county may issue revenue securities to fund or refund	2311
revenue securities previously issued, or for any purposes for	2312
which it could issue self-supporting securities and, without	2313
limitation, any of the following general purposes:	2314

(1) For one or more established sewer districts, any of the	2315
purposes provided in divisions (C)(2)(a) and (b) of section 133.07	2316
of the Revised Code;, including sanitary facilities, drainage	2317
facilities, and prevention or replacement facilities as defined in	2318
section 6117.01 of the Revised Code. For purposes of this chapter,	2319
those sanitary facilities, drainage facilities, and prevention or	2320
replacement facilities are hereby determined to qualify as	2321
facilities described in Section 13 of Article VIII, Ohio	2322
Constitution.	2323

(2) Hospital facilities as defined in division (E) of section	2324
140.01 of the Revised Code;	2325

(3) Facilities described in division (C)(10) of section	2326
133.07 of the Revised Code;	2327

(4) Off-street parking facilities pursuant to section 307.02	2328
of the Revised Code;	2329

(5) An arena, a convention center, or a combination of an	2330
arena and convention center under section 307.695 of the Revised	2331
Code.	2332

(C) The county shall establish rates or charges for the use,	2333
availability, or rental of the facilities to which the financing	2334
relates, being the improvement, enterprise, system, project, or	2335
categories of improvements or the operation or function that the	2336
facilities serve, which rates or charges shall be designed to	2337
provide revenues to the county sufficient to pay the costs of all	2338
current expenses of the facilities payable by the county and to	2339
pay the debt charges on the securities and to establish and	2340
maintain any contractually required special funds relating to the	2341
securities or the facilities.	2342

(D) Revenue securities issued under this section shall not be	2343
general obligations of the county. Revenue securities issued under	2344
this section shall be secured only by a pledge of and lien upon	2345
the revenues of the county, derived from its ownership or	2346
operation of the facilities, including those rates or charges or	2347
rents and any interest subsidies or debt charges, grants, or other	2348
payments by federal or state agencies available therefor, and the	2349
covenants of the county to maintain sufficient rentals, rates, and	2350
charges to produce revenues sufficient to pay all current expenses	2351
of the facilities payable by the county and to pay the debt	2352
charges on the securities and to establish and maintain any	2353
contractually required special funds relating to the securities or	2354
the facilities, and, if the securities are anticipatory	2355
securities, to issue the revenue securities in anticipation of the	2356
issuance of which the revenue securities are issued. Revenue	2357
securities may also be secured by a pledge of and lien on the	2358
proceeds of any securities issued to fund or refund those revenue	2359
securities.	2360

(E) The county officers authorized by the county taxing	2361
authority shall execute the necessary documents, including but not	2362
limited to trust agreements and leases, to provide for the pledge,	2363
protection, and disposition of the pledged revenues from which	2364
debt charges and any special fund deposits are to be paid.	2365

(F) As long as any of these revenue securities, in either	2366
original or refunded form, remain outstanding, except as otherwise	2367
provided in those documents, all parts of the facilities the	2368
revenues from which are pledged, shall remain under the control of	2369
the county taxing authority, whether any parts of the facilities	2370
are leased to or operated by others or are in or thereafter come	2371
within the boundaries of any municipal corporation, and the	2372
facilities shall remain subject to the power and duty of the	2373
taxing authority to fix and collect rates or charges or rents for	2374
the use of facilities.	2375

(G) The authority to issue securities of the county under	2376
this section for permanent improvements described in division	2377
(B)(2) of this section or division (C)(2)(d) of section 133.07 of	2378
the Revised Code may separately and independently be exercised by	2379
a board of county hospital trustees established under section	2380
339.02 of the Revised Code for those permanent improvements and	2381
related operations under the control of that board.	2382

(H) Sections 9.98 to 9.983 of the Revised Code apply to	2383
securities issued under this section, notwithstanding any other	2384
provision in this chapter.	2385

Sec. 133.52. A county, municipal corporation, or township may	2386
issue or incur public obligations, including general obligations,	2387
to provide, or assist in providing, grants, loans, loan	2388
guarantees, or contributions for conservation and revitalization	2389
purposes pursuant to Section 2o of Article VIII, Ohio	2390
Constitution.	2391

Sec. 135.101. As used in sections 135.101 to 135.106 of the	2392
Revised Code:	2393

(A) "Eligible resident" means an individual who is a resident	2394
of Ohio and who completes the SaveNOW education program prescribed	2395
by section 135.104 of the Revised Code.	2396

(B) "Eligible savings institution" means a financial	2397
institution that offers savings accounts available to residents of	2398
Ohio, that is a public depository of public money of the state	2399
under section 135.03 of the Revised Code, and that agrees to	2400
participate in the SaveNOW program under sections 135.101 to	2401
135.106 of the Revised Code.	2402

(C) "SaveNOW linked deposit" means a deposit placed by the	2403
treasurer of state with an eligible savings institution at a rate	2404
determined and calculated by the treasurer of state.	2405

(D) "SaveNOW savings account" means an interest-bearing	2406
account that is opened by an eligible resident at an eligible	2407
savings institution and that complies with the requirements of	2408
section 135.104 of the Revised Code.	2409

(E) "Premium savings rate" means the highest savings rate	2410
that is offered by an eligible savings institution for large	2411
deposits, as approved by and negotiated with the treasurer of	2412
state.	2413

(F) "Program period" means the length of time, not to exceed	2414
two years, established by the treasurer of state that a SaveNOW	2415
savings account is eligible to receive the SaveNOW interest	2416
incentive.	2417

Sec. 135.102. The general assembly finds that the personal	2418
savings rate among Ohioans has declined in recent years, that	2419
personal savings are important to the future prosperity of Ohio,	2420
and that personal savings must be encouraged and assisted. The	2421
SaveNOW program provided for in sections 135.101 to 135.106 of the	2422
Revised Code is intended to promote increased personal savings,	2423
which will materially contribute to the economic growth of Ohio	2424
and the financial security of its residents. Accordingly, it is	2425
declared to be the public policy of the state through the SaveNOW	2426
program to create an availability of higher-rate savings accounts	2427
for the purpose of increasing personal savings and promoting	2428
financial education among the residents of Ohio.	2429

Sec. 135.103. The treasurer of state may invest in SaveNOW	2430
linked deposits under sections 135.101 to 135.106 of the Revised	2431
Code, provided that at the time of placing any SaveNOW linked	2432
deposits the combined amount of investments of public money of the	2433
state in linked deposits of any kind is not more than twelve per	2434
cent of the state's total average investment portfolio as	2435
determined by the treasurer of state. When deciding whether to	2436
invest in SaveNOW linked deposits, the treasurer of state shall	2437
give priority to the investment, liquidity, and cash flow needs of	2438
the state.	2439

Sec. 135.104. (A) A resident of Ohio may participate in the	2440
SaveNOW program by agreeing to maintain a SaveNOW savings account	2441
at an eligible savings institution for the program period and by	2442
completing the SaveNOW education program. The SaveNOW education	2443
program shall include a financial literacy assessment and a	2444
financial literacy program established and administered by the	2445
treasurer of state.	2446

(B) An eligible savings institution shall accept applications	2447
for a SaveNOW savings account from eligible residents on a	2448
first-come, first-served basis on forms prescribed by the	2449
treasurer of state. The eligible savings institution shall offer	2450
to eligible residents a SaveNOW savings account that satisfies all	2451
of the following:	2452

(1) Opening and maintaining the account requires no minimum	2453
deposit;	2454

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

2455

(3) All deposits in the account earn at least the premium	2456
savings rate.	2457

(C) To provide an additional incentive for saving, a SaveNOW	2458
incentive rate of interest shall accrue to the average daily	2459
balance of deposits, up to five thousand dollars, in a SaveNOW	2460
savings account during the program period at a rate equal to up to	2461
three percentage points above the premium savings rate. The	2462
interest earnings arising from the SaveNOW incentive rate of	2463
interest shall be credited to the account in a lump sum at the	2464
conclusion of the program period.	2465

(D) The interest earnings arising from the SaveNOW incentive	2466
rate of interest under division (C) of this section shall be	2467
deducted from the interest earned on the state's SaveNOW linked	2468
deposit at the end of the eligible program period.	2469

(E) Not more than one SaveNOW savings account shall be held	2470
by an eligible resident during a program period. An individual	2471
holding a SaveNOW savings account jointly with another individual	2472
shall be considered to be holding such an account for the purposes	2473
of this division, unless the joint ownership is of an account	2474
opened by a parent, grandparent, or guardian for a minor or for a	2475
dependent adult.	2476

Sec. 135.105. (A) Upon the placement of a SaveNOW linked	2477
deposit with an eligible savings institution, the institution	2478
shall offer SaveNOW savings accounts to eligible residents under	2479
section 135.104 of the Revised Code. A certification of compliance	2480
with this section in the form and manner prescribed by the	2481
treasurer of state shall be required of the eligible savings	2482
institution.	2483

(B) The treasurer of state shall take any and all steps	2484
necessary to implement the SaveNOW program and to monitor the	2485
compliance of eligible savings institutions, including the	2486
development of guidelines as necessary.	2487

(C) Annually, by the first day of February, the treasurer of	2488
state shall report on the SaveNOW program for the preceding	2489
calendar year to the governor, the speaker of the house of	2490
representatives, and the president of the senate. The speaker	2491
shall transmit copies of the report to the chairpersons of the	2492
standing committees of the house of representatives that	2493
customarily consider legislation regarding finance, and the	2494
president of the senate shall transmit copies of the report to the	2495
chairpersons of the standing committees of the senate that	2496
customarily consider legislation regarding finance. The report	2497
shall set forth the SaveNOW linked deposits made by the treasurer	2498
of state under the program during the year and shall include a	2499
list of eligible savings institutions and the number of SaveNOW	2500
savings accounts at each of those institutions during the	2501
preceding year.	2502

Sec. 135.106. The state and the treasurer of state are not	2503
liable to any eligible savings institution or any eligible	2504
resident in any manner for the terms associated with SaveNOW	2505
savings accounts. Any misuse or misconduct on the part of an	2506
eligible savings institution or eligible resident does not in any	2507
manner affect the deposit agreement between the eligible savings	2508
institution and the treasurer of state.	2509

Sec. 135.61. As used in sections 135.61 to 135.67 of the	2510
Revised Code:	2511

(A) "Eligible small business" means any person, including,	2512
but not limited to a person engaged in agriculture, that has all	2513
of the following characteristics:	2514

(1) Is headquartered in this state;

2515

(2) Maintains offices and operating facilities exclusively in	2516
this state and transacts business in this state;	2517

(3) Employs fewer than one hundred fifty employees, the	2518
majority of whom are residents of this state;	2519

(4) Is organized for profit.

2520

(B) "Eligible lending institution" means a financial	2521
institution that is eligible to make commercial loans, is a public	2522
depository of state funds under section 135.03 of the Revised	2523
Code, and agrees to participate in the linked deposit program.	2524

(C) "Linked deposit" means a certificate of deposit placed by	2525
the treasurer of state with an eligible lending institution at up	2526
~~to three per cent~~a rate below current market rates, as determined	2527
and calculated by the treasurer of state, provided the institution	2528
agrees to lend the value of such deposit, according to the deposit	2529
agreement provided in division (C) of section 135.65 of the	2530
Revised Code, to eligible small businesses at ~~three per cent~~a	2531
rate that reflects an equal percentage rate reduction below the	2532
present borrowing rate applicable to each specific business at the	2533
time of the deposit of state funds in the institution.	2534

Sec. 135.63. The treasurer of state may invest in linked	2535
deposits under sections 135.61 to 135.67, agricultural linked	2536
deposits under sections 135.71 to 135.76, housing linked deposits	2537
under sections 135.81 to 135.87, ~~and~~ assistive technology device	2538
linked deposits under sections 135.91 to 135.97, and SaveNOW	2539
linked deposits under sections 135.101 to 135.106 of the Revised	2540
Code, provided that at the time of placement of any such linked	2541
deposit ~~under sections 135.61 to 135.67 of the Revised Code,~~	2542
~~agricultural linked deposit, housing linked deposit, or assistive~~	2543
~~technology device linked deposit,~~ the combined amount of	2544
investments in ~~the linked deposits, agricultural linked deposits,~~	2545
~~housing linked deposits, and assistive technology device~~all such	2546
linked deposits is not more than twelve per cent of the state's	2547
total average investment portfolio as determined by the treasurer	2548
of state. When deciding whether to invest in ~~the linked deposits,~~	2549
~~agricultural linked deposits, housing linked deposits, or~~	2550
~~assistive technology device~~any such linked deposits, the	2551
treasurer of state shall give priority to the investment,	2552
liquidity, and cash flow needs of the state.	2553

Sec. 135.65. (A) The treasurer of state may accept or reject	2554
a linked deposit loan package or any portion thereof, based on the	2555
treasurer's evaluation of the eligible small businesses included	2556
in the package and the amount of state funds to be deposited. When	2557
evaluating the eligible small businesses, the treasurer shall give	2558
priority to the economic needs of the area where the business is	2559
located and the ratio of state funds to be deposited to jobs	2560
sustained or created and shall also consider any reports,	2561
statements, or plans applicable to the business, the overall	2562
financial need of the business, and such other factors as the	2563
treasurer considers appropriate.	2564

(B) Upon acceptance of the linked deposit loan package or any	2565
portion thereof, the treasurer of state may place certificates of	2566
deposit with the eligible lending institution at ~~three per cent~~a	2567
rate below current market rates, as determined and calculated by	2568
the treasurer of state. When necessary, the treasurer may place	2569
certificates of deposit prior to acceptance of a linked deposit	2570
loan package.	2571

(C) The eligible lending institution shall enter into a	2572
deposit agreement with the treasurer of state, which shall include	2573
requirements necessary to carry out the purposes of sections	2574
135.61 to 135.67 of the Revised Code. Such requirements shall	2575
reflect the market conditions prevailing in the eligible lending	2576
institution's lending area. The agreement may include a	2577
specification of the period of time in which the lending	2578
institution is to lend funds upon the placement of a linked	2579
deposit, and shall include provisions for the certificates of	2580
deposit to be placed for any maturity considered appropriate by	2581
the treasurer of state not to exceed two years, and may be renewed	2582
for up to an additional two years at the option of the treasurer.	2583
Interest shall be paid at the times determined by the treasurer of	2584
state.	2585

(D) Eligible lending institutions shall comply fully with	2586
Chapter 135. of the Revised Code.	2587

Sec. 135.66. (A) Upon the placement of a linked deposit with	2588
an eligible lending institution, such institution is required to	2589
lend such funds to each approved eligible small business listed in	2590
the linked deposit loan package required by division (D) of	2591
section 135.64 of the Revised Code and in accordance with the	2592
deposit agreement required by division (C) of section 135.65 of	2593
the Revised Code. The loan shall be at ~~three per cent~~a rate that	2594
reflects a percentage rate reduction below the present borrowing	2595
rate applicable to each business that is equal to the percentage	2596
rate reduction below market rates at which the certificate of	2597
deposits that constitute the linked deposit were placed. A	2598
certification of compliance with this section in the form and	2599
manner as prescribed by the treasurer of state shall be required	2600
of the eligible lending institution.	2601

(B) The treasurer of state shall take any and all steps	2602
necessary to implement the linked deposit program and monitor	2603
compliance of eligible lending institutions and eligible small	2604
businesses, including the development of guidelines as necessary.	2605
The treasurer of state and the department of development shall	2606
notify each other at least quarterly of the names of the	2607
businesses receiving financial assistance from their respective	2608
programs.	2609

Annually, by the first day of February, the treasurer of	2610
state shall report on the linked deposits program for the	2611
preceding calendar year to the governor, the speaker of the house	2612
of representatives, and the president of the senate. The speaker	2613
of the house shall transmit copies of this report to the ~~chairmen~~	2614
chairpersons of the standing committees in the house which	2615
customarily consider legislation regarding agriculture and small	2616
business, and the president of the senate shall transmit copies of	2617
this report to the ~~chairmen~~chairpersons of the standing	2618
committees in the senate which customarily consider legislation	2619
regarding agriculture and small business. The report shall set	2620
forth the linked deposits made by the treasurer of state under the	2621
program during the year and shall include information regarding	2622
the nature, terms, and amounts of the loans upon which the linked	2623
deposits were based and the eligible small businesses to which the	2624
loans were made.	2625

Sec. 145.47. (A) Each public employee who is a contributor	2626
to the public employees retirement system shall contribute eight	2627
per cent of the contributor's earnable salary to the employees'	2628
savings fund, except that the public employees retirement board	2629
may raise the contribution rate to a rate not greater than ten per	2630
cent of the employee's earnable salary.	2631

(B) The head of each state department, institution, board,	2632
and commission, and the fiscal officer of each local authority	2633
subject to this chapter, shall deduct from the earnable salary of	2634
each contributor on every payroll of such contributor for each	2635
payroll period subsequent to the date of coverage, an amount equal	2636
to the applicable per cent of the contributor's earnable salary.	2637
The head of each state department and the fiscal officer of each	2638
local authority subject to this chapter shall transmit promptly to	2639
the system a report of contributions at such intervals and in such	2640
form as the system shall require, showing thereon all deductions	2641
for the system made from the earnable salary of each contributor	2642
employed, together with warrants or, checks, or electronic	2643
payments covering the total of such deductions. A penalty ~~of five~~	2644
~~per cent of the total amount due for the particular reporting~~	2645
~~period~~ shall be added when such report, together with warrants or,	2646
checks, or electronic payments to cover the total amount due from	2647
the earnable salary of all amenable employees of such employer, is	2648
filed thirty or more days after the last day of such reporting	2649
period. ~~Such~~The system, after making a record of all receipts	2650
under this division, shall deposit the receipts with the treasurer	2651
of state for use as provided by this chapter.	2652

(C) Unless the board adopts a rule under division (D) of this	2653
section, the penalty described in division (B) of this section for	2654
failing to timely transmit a report, pay the total amount due, or	2655
both is as follows:	2656

(1) At least one but not more than ten days past due, an	2657
amount equal to one per cent of the total amount due;	2658

(2) At least eleven but not more than thirty days past due,	2659
an amount equal to two and one-half per cent of the total amount	2660
due;	2661

(3) Thirty-one or more days past due, an amount equal to five	2662
per cent of the total amount due.	2663

The penalty described in this division shall be added to and	2664
collected on the next succeeding regular employer billing.	2665
Interest at a rate set by the retirement board shall be charged on	2666
the amount of the penalty in case such penalty is not paid within	2667
~~three months~~thirty days after it is added to the regular employer	2668
billing. ~~The system, after making a record of all such receipts,~~	2669
~~shall deposit them with the treasurer of state for use as provided~~	2670
~~by this chapter. In~~	2671

(D) The board may adopt rules to establish penalties in	2672
amounts that do not exceed the amounts specified in divisions	2673
(C)(1) to (3) of this section.	2674

(E) In addition to the periodical reports of deduction	2675
required by this section, the fiscal officer of each local	2676
authority subject to this chapter shall submit to the system at	2677
least once each year a complete listing of all noncontributing	2678
appointive employees. Where an employer fails to transmit	2679
contributions to the system, the system may make a determination	2680
of the employees' liability for contributions and certify to the	2681
employer the amounts due for collection in the same manner as	2682
payments due the employers' accumulation fund. Any amounts so	2683
collected shall be held in trust pending receipt of a report of	2684
contributions for such public employees for the period involved as	2685
provided by law and, thereafter, the amount in trust shall be	2686
transferred to the employees' savings fund to the credit of the	2687
employees. Any amount remaining after the transfer to the	2688
employees' savings fund shall be transferred to the employers'	2689
accumulation fund as a credit of such employer. ~~The~~	2690

(F) The fiscal officer of each local authority subject to	2691
this chapter shall require each new contributor to submit to the	2692
system a detailed report of all the contributor's previous service	2693
as a public employee along with such other facts as the board	2694
requires for the proper operation of the system.	2695

(G) Any member who, because of the member's own illness,	2696
injury, or other reason which may be approved by the member's	2697
employer is prevented from making the member's contribution to the	2698
system for any payroll period, may pay such deductions as a back	2699
payment within one year.	2700

Sec. 149.30. The Ohio historical society, chartered by this	2701
state as a corporation not for profit to promote a knowledge of	2702
history and archaeology, especially of Ohio, and operated	2703
continuously in the public interest since 1885, may perform public	2704
functions as prescribed by law.	2705

The general assembly may appropriate money to the Ohio	2706
historical society each biennium to carry out the public functions	2707
of the society as enumerated in this section. An appropriation by	2708
the general assembly to the society constitutes an offer to	2709
contract with the society to carry out those public functions for	2710
which appropriations are made. An acceptance by the society of the	2711
appropriated funds constitutes an acceptance by the society of the	2712
offer and is considered an agreement by the society to perform	2713
those functions in accordance with the terms of the appropriation	2714
and the law and to expend the funds only for the purposes for	2715
which appropriated. The governor may request on behalf of the	2716
society, and the controlling board may release, additional funds	2717
to the society for survey, salvage, repair, or rehabilitation of	2718
an emergency nature for which funds have not been appropriated,	2719
and acceptance by the society of those funds constitutes an	2720
agreement on the part of the society to expend those funds only	2721
for the purpose for which released by the controlling board.	2722

The society shall faithfully expend and apply all moneys	2723
received from the state to the uses and purposes directed by law	2724
and for necessary administrative expenses. If the general assembly	2725
appropriates money to the society for grants or subsidies to other	2726
entities for their site-related programs, the society, except for	2727
good cause, shall distribute the money within ninety days of	2728
accepting a grant or subsidy application for the money.	2729

The society shall perform the public function of sending	2730
notice by certified mail to the owner of any property at the time	2731
it is listed on the national register of historic places. The	2732
society shall accurately record all expenditures of such funds in	2733
conformity with generally accepted accounting principles.	2734

The auditor of state shall audit all funds and fiscal records	2735
of the society.	2736

The public functions to be performed by the Ohio historical	2737
society shall include all of the following:	2738

(A) Creating, supervising, operating, protecting,	2739
maintaining, and promoting for public use a system of state	2740
memorials, titles to which may reside wholly or in part with this	2741
state or wholly or in part with the society as provided in and in	2742
conformity to appropriate acts and resolves of the general	2743
assembly, and leasing for renewable periods of two years or less,	2744
with the advice and consent of the attorney general and the	2745
director of administrative services, lands and buildings owned by	2746
the state which are in the care, custody, and control of the	2747
society, all of which shall be maintained and kept for public use	2748
at reasonable hours;	2749

(B) Making alterations and improvements, marking, and	2750
constructing, reconstructing, protecting, or restoring structures,	2751
earthworks, and monuments in its care, and equipping such	2752
facilities with appropriate educational maintenance facilities;	2753

(C) Serving as the archives administration for the state and	2754
its political subdivisions as provided in sections 149.31 to	2755
149.42 of the Revised Code;	2756

(D) Administering a state historical museum, to be the	2757
headquarters of the society and its principal museum and library,	2758
which shall be maintained and kept for public use at reasonable	2759
hours;	2760

(E) Establishing a marking system to identify all designated	2761
historic and archaeological sites within the state and marking or	2762
causing to be marked historic sites and communities considered by	2763
the society to be historically or archaeologically significant;	2764

(F) Publishing books, pamphlets, periodicals, and other	2765
publications about history, archaeology, and natural science and	2766
offering one copy of each regular periodical issue to all public	2767
libraries in this state at a reasonable price, which shall not	2768
exceed one hundred ten per cent more than the total cost of	2769
publication;	2770

(G) Engaging in research in history, archaeology, and natural	2771
science and providing historical information upon request to all	2772
state agencies;	2773

(H) Collecting, preserving, and making available by all	2774
appropriate means and under approved safeguards all manuscript,	2775
print, or near-print library collections and all historical	2776
objects, specimens, and artifacts which pertain to the history of	2777
Ohio and its people, including the following original documents:	2778
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed	2779
Ohio Constitution of 1875; design and the letters of patent and	2780
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R.	2781
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883);	2782
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28	2783
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904);	2784
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition	2785
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40	2786
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933);	2787
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936);	2788
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6	2789
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48	2790
(1947);	2791

(I) Encouraging and promoting the organization and	2792
development of county and local historical societies;	2793

(J) Providing to Ohio schools such materials as the society	2794
may prepare to facilitate the instruction of Ohio history at a	2795
reasonable price, which shall not exceed one hundred ten per cent	2796
more than the total cost of preparation and delivery;	2797

(K) Providing advisory and technical assistance to local	2798
societies for the preservation and restoration of historic and	2799
archaeological sites;	2800

(L) Devising uniform criteria for the designation of historic	2801
and archaeological sites throughout the state and advising local	2802
historical societies of the criteria and their application;	2803

(M) Taking inventory, in cooperation with the Ohio arts	2804
council, the Ohio archaeological council, and the archaeological	2805
society of Ohio, of significant designated and undesignated state	2806
and local sites and keeping an active registry of all designated	2807
sites within the state;	2808

(N) Contracting with the owners or persons having an interest	2809
in designated historic or archaeological sites or property	2810
adjacent or contiguous to those sites, or acquiring, by purchase,	2811
gift, or devise, easements in those sites or in property adjacent	2812
or contiguous to those sites, in order to control or restrict the	2813
use of those historic or archaeological sites or adjacent or	2814
contiguous property for the purpose of restoring or preserving the	2815
historical or archaeological significance or educational value of	2816
those sites;	2817

(O) Constructing a monument honoring Governor James A.	2818
Rhodes, which shall stand on the northeast quadrant of the grounds	2819
surrounding the capitol building. The monument shall be	2820
constructed with private funds donated to the Ohio historical	2821
society and designated for this purpose. No public funds shall be	2822
expended to construct this monument. The department of	2823
administrative services shall cooperate with the Ohio historical	2824
society in carrying out this function and shall maintain the	2825
monument in a manner compatible with the grounds of the capitol	2826
building.	2827

(P) Commissioning a portrait of each departing governor,	2828
which shall be displayed in the capitol building. The Ohio	2829
historical society may accept private contributions designated for	2830
this purpose and, at the discretion of its board of trustees, also	2831
may apply for the same purpose funds appropriated by the general	2832
assembly to the society pursuant to this section.	2833

(Q) ~~Planning and developing a center at the capitol building~~	2834
~~for the purpose of educating visitors about the history of Ohio,~~	2835
~~including its political, economic, and social development and the~~	2836
~~design and erection of the capitol building and its grounds. The~~	2837
~~Ohio historical society may accept contributions of private moneys~~	2838
~~and in-kind services designated for this purpose and may, at the~~	2839
~~discretion of its board of trustees, also apply, for the same~~	2840
~~purpose, personnel and other resources paid in whole or in part by~~	2841
~~its state subsidy.~~	2842

~~(R)~~ Submitting an annual report of its activities, programs,	2843
and operations to the governor within two months after the close	2844
of each fiscal year of the state.	2845

The society shall not sell, mortgage, transfer, or dispose of	2846
historical or archaeological sites to which it has title and in	2847
which the state has monetary interest except by action of the	2848
general assembly.	2849

In consideration of the public functions performed by the	2850
Ohio historical society for the state, employees of the society	2851
shall be considered public employees within the meaning of section	2852
145.01 of the Revised Code.	2853

Sec. 156.02. The director of administrative services may	2854
contract with ~~the office of energy efficiency in the department~~	2855
~~of development~~an energy services company, contractor, architect,	2856
professional engineer, or other person experienced in the design	2857
and implementation of energy conservation measures for a report	2858
containing an analysis and recommendations pertaining to the	2859
implementation of energy conservation measures that would	2860
significantly reduce energy consumption and operating costs in	2861
any buildings owned by the state and, upon request of its board	2862
of trustees or managing authority, any building owned by an	2863
institution of higher education as defined in section 3345.12 of	2864
the Revised Code. The report shall include estimates of all costs	2865
of such measures, including the costs of design, engineering,	2866
installation, maintenance, repairs, and debt service, and	2867
estimates of the amounts by which energy consumption and	2868
operating costs would be reduced.	2869

Sec. 165.01. As used in this chapter:

2870

(A) "Agency" means a community improvement corporation	2871
organized under Chapter 1724. of the Revised Code and designated,	2872
pursuant to section 1724.10 of the Revised Code, as the agency of	2873
a municipal corporation or county.	2874

(B) "Bonds" means bonds, notes, or other forms of evidences	2875
of obligation issued in temporary or definitive form, including	2876
notes issued in anticipation of the issuance of bonds and renewal	2877
notes. The funding of bond anticipation notes with bonds or	2878
renewal notes and the exchange of definitive bonds for temporary	2879
bonds are not subject to section 165.07 of the Revised Code.	2880

(C) "Bond proceedings" means the resolution or ordinance or	2881
the trust agreement or indenture of mortgage, or combination	2882
thereof, authorizing or providing for the terms and conditions	2883
applicable to bonds issued under authority of this chapter.	2884

(D) "Issuer" means the state, or a county or municipal	2885
corporation of this state which county or municipal corporation	2886
has, pursuant to section 1724.10 of the Revised Code, designated a	2887
community improvement corporation as its agency for industrial,	2888
commercial, distribution, and research development and for which a	2889
plan has been prepared by such community improvement corporation	2890
and confirmed by its issuing authority.	2891

(E) "Issuing authority" means in the case of the state, the	2892
director of development; in the case of a municipal corporation,	2893
the legislative authority thereof; and in the case of a county,	2894
the board of county commissioners or whatever officers, board,	2895
commission, council, or other body might succeed to the	2896
legislative powers of the commissioners.	2897

(F) "Plan" means a plan prepared by the agency pursuant to	2898
section 1724.10 of the Revised Code, and confirmed by the issuing	2899
authority of a municipal corporation or county.	2900

(G) "Pledged facilities" means the project or projects	2901
mortgaged or the rentals, revenues, and other income, charges, and	2902
moneys from which are pledged, or both, for the payment of the	2903
principal of and interest on the bonds issued under authority of	2904
section 165.03 of the Revised Code, and includes a project for	2905
which a loan has been made under authority of this chapter, in	2906
which case, references in this chapter to revenues of such pledged	2907
facilities or from the disposition thereof includes payments made	2908
or to be made to or for the account of the issuer pursuant to such	2909
loan.	2910

(H) "Project" means real or personal property, or both,	2911
including undivided and other interests therein, acquired by gift	2912
or purchase, constructed, reconstructed, enlarged, improved,	2913
furnished, or equipped, or any combination thereof, by an issuer,	2914
or by others in whole or in part from the proceeds of a loan made	2915
by an issuer, for industry, commerce, distribution, or research	2916
and located within the boundaries of the issuer. "Project"	2917
includes sanitary facilities, drainage facilities, and prevention	2918
or replacement facilities as defined in section 6117.01 of the	2919
Revised Code. A project as defined in this division is hereby	2920
determined to qualify as facilities described in Section 13 of	2921
Article VIII, Ohio Constitution.	2922

(I) "Revenues" means the rentals, revenues, payments,	2923
repayments, income, charges, and moneys derived or to be derived	2924
from the use, lease, sublease, rental, sale, including installment	2925
sale or conditional sale, or other disposition of pledged	2926
facilities, or derived or to be derived pursuant to a loan made	2927
for a project, bond proceeds to the extent provided in the bond	2928
proceedings for the payment of principal of, or premium, if any,	2929
or interest on the bonds, proceeds from any insurance,	2930
condemnation or guaranty pertaining to pledged facilities or the	2931
financing thereof, and income and profit from the investment of	2932
the proceeds of bonds or of any revenues.	2933

(J) "Security interest" means a mortgage, lien, or other	2934
encumbrance on, or pledge or assignment of, or other security	2935
interest with respect to all or any part of pledged facilities,	2936
revenues, reserve funds, or other funds established under the bond	2937
proceedings, or on, of, or with respect to, a lease, sublease,	2938
sale, conditional sale or installment sale agreement, loan	2939
agreement, or any other agreement pertaining to the lease,	2940
sublease, sale, or other disposition of a project or pertaining to	2941
a loan made for a project, or any guaranty or insurance agreement	2942
made with respect thereto, or any interest of the issuer therein,	2943
or any other interest granted, assigned, or released to secure	2944
payments of the principal of, premium, if any, or interest on any	2945
bonds or to secure any other payments to be made by an issuer	2946
under the bond proceedings. Any security interest under this	2947
chapter may be prior or subordinate to or on a parity with any	2948
other mortgage, lien, encumbrance, pledge, assignment, or other	2949
security interest.	2950

Sec. 165.03. (A) An issuer may issue bonds for the purpose	2951
of providing moneys to acquire by purchase, construct,	2952
reconstruct, enlarge, improve, furnish, or equip one or more	2953
projects or parts thereof, or for any combination of such	2954
purposes, including providing moneys to make loans to others for	2955
such purposes. The issuing authority shall provide by resolution	2956
or ordinance for the issuance of such bonds. The bond proceedings	2957
may contain determinations by the issuing authority that the	2958
project to be financed thereunder is a project as defined in this	2959
chapter and is consistent with the purposes of Section 13 of	2960
Article VIII, Ohio Constitution, and such determinations shall be	2961
conclusive as to the validity and enforceability of the bonds	2962
issued under such bond proceedings and of such bond proceedings	2963
and security interests given and leases, subleases, sale	2964
agreements, loan agreements, and other agreements made in	2965
connection therewith, all in accordance with their terms.	2966

The principal of and interest on the bonds and all other	2967
payments required to be made by the bond proceedings shall be	2968
payable solely from the revenues and secured by security interests	2969
as provided in such bond proceedings. Bond anticipation notes may	2970
be secured, solely or additionally, by a covenant of the issuer	2971
that it will do all things necessary for the issuance of the bonds	2972
anticipated or renewal notes in appropriate amount and either	2973
exchange such bonds or renewal notes for such notes or apply the	2974
proceeds therefrom to the extent necessary to make full payment of	2975
the principal of and interest on such notes. The bond proceedings	2976
shall not obligate or pledge moneys raised by taxation.	2977

Bonds may be issued at one time or from time to time, shall	2978
be dated, shall mature at such time or times not exceeding thirty	2979
years from date of issue, and may be redeemable before maturity at	2980
such price or prices and under such terms and conditions, all as	2981
provided in the bond proceedings. The bonds shall bear interest at	2982
such rate or rates, or at a variable rate or rates changing from	2983
time to time in accordance with a base or formula, as provided in	2984
or authorized by the bond proceedings. The issuing authority shall	2985
determine the form of the bonds, fix their denominations and	2986
method of execution, and establish within or without the state a	2987
place or places for the payment of principal or interest.	2988

(B) The issuing authority may provide for sales of bonds at	2989
public or private sale as it deems most advantageous and for such	2990
prices, whether above or below the par value thereof, as it	2991
determines or within such limit or limits as it determines.	2992

(C) If the issuer is a county or municipal corporation, then,	2993
prior to the delivery of bonds issued under authority of this	2994
section, the issuing authority shall first have received from its	2995
agency a certification that a project to be financed by the	2996
issuance of such bonds is in accordance with the plan, except that	2997
no such certification is necessary if the project is a sanitary	2998
facility, drainage facility, or prevention or replacement facility	2999
as defined in section 6117.01 of the Revised Code. If the state is	3000
the issuer, then prior to the authorization of the bonds, the	3001
issuing authority of the state shall have received a written	3002
request for the issuance of the bonds from either the board of	3003
directors of a port authority created pursuant to the authority of	3004
section 4582.02 of the Revised Code if the project is within the	3005
jurisdiction of the port authority or from the issuing authority	3006
of the municipal corporation, if the project is within the	3007
boundaries of a municipal corporation, or of the county, if the	3008
project is within the unincorporated portion of the county, and if	3009
the project is to be located within a municipal corporation with a	3010
plan or in an unincorporated portion of the county with a plan,	3011
then prior to the delivery of bonds issued under this section, the	3012
issuing authority shall first have received from the agency of the	3013
municipal corporation if within its limits, or from the agency of	3014
the county if in unincorporated territory, a certification that	3015
such project is in accordance with its plan, except that no such	3016
certification is necessary if the request for issuance of the	3017
bonds is made by the port authority.	3018

(D) If the issuer is a county or municipal corporation, then,	3019
prior to the delivery of bonds issued under authority of this	3020
section, the issuing authority shall have caused a written notice	3021
to have been mailed by certified mail to the director of the	3022
department of development of the state advising such director of	3023
the proposed delivery of the bonds, the amount thereof, the	3024
proposed lessee, and a general description of the project or	3025
projects to be financed.	3026

(E) In case any officer who has signed any bonds or coupons	3027
pertaining thereto, or caused ~~his~~the officer's facsimile	3028
signature to be affixed thereto, ceases to be such officer before	3029
such bonds or coupons have been delivered, such bonds or coupons	3030
may, nevertheless, be issued and delivered as though the person	3031
who had signed the bonds or coupons or caused ~~his~~the person's	3032
facsimile signature to be affixed thereto had not ceased to be	3033
such officer. Any bonds or coupons may be executed on behalf of	3034
the issuer by an officer who, on the date of execution, is the	3035
proper officer although on the date of such bonds or coupons such	3036
person was not the proper officer.	3037

(F) All bonds issued under authority of this chapter,	3038
regardless of form or terms and regardless of any other law to the	3039
contrary, shall have all qualities and incidents of negotiable	3040
instruments, subject to provisions for registration, and may be	3041
issued in coupon, fully registered, or other form, or any	3042
combination thereof, as the issuing authority determines.	3043
Provision may be made for the registration of any coupon bonds as	3044
to principal alone or as to both principal and interest, and for	3045
the conversion into coupon bonds of any fully registered bonds or	3046
bonds registered as to both principal and interest.	3047

Sec. 303.12. (A)(1) Amendments to the zoning resolution may	3048
be initiated by motion of the county rural zoning commission, by	3049
the passage of a resolution by the board of county commissioners,	3050
or by the filing of an application by one or more of the owners or	3051
lessees of property within the area proposed to be changed or	3052
affected by the proposed amendment with the county rural zoning	3053
commission. The board of county commissioners may require that the	3054
owner or lessee of property filing an application to amend the	3055
zoning resolution pay a fee to defray the cost of advertising,	3056
mailing, filing with the county recorder, and other expenses. If	3057
the board of county commissioners requires such a fee, it shall be	3058
required generally, for each application. The board of county	3059
commissioners, upon the passage of such a resolution, shall	3060
certify it to the county rural zoning commission.	3061

(2) Upon the adoption of a motion by the county rural zoning	3062
commission, the certification of a resolution by the board of	3063
county commissioners to the commission, or the filing of an	3064
application by property owners or lessees as described in division	3065
(A)(1) of this section with the commission, the commission shall	3066
set a date for a public hearing, which date shall not be less than	3067
twenty nor more than forty days from the date of adoption of such	3068
a motion, the date of the certification of such a resolution, or	3069
the date of the filing of such an application. Notice of the	3070
hearing shall be given by the commission by one publication in one	3071
or more newspapers of general circulation in each township	3072
affected by the proposed amendment at least ten days before the	3073
date of the hearing.	3074

(B) If the proposed amendment intends to rezone or redistrict	3075
ten or fewer parcels of land, as listed on the county auditor's	3076
current tax list, written notice of the hearing shall be mailed by	3077
the county rural zoning commission, by first class mail, at least	3078
ten days before the date of the public hearing to all owners of	3079
property within and contiguous to and directly across the street	3080
from the area proposed to be rezoned or redistricted to the	3081
addresses of those owners appearing on the county auditor's	3082
current tax list. The failure of delivery of that notice shall not	3083
invalidate any such amendment.	3084

(C) If the proposed amendment intends to rezone or redistrict	3085
ten or fewer parcels of land as listed on the county auditor's	3086
current tax list, the published and mailed notices shall set forth	3087
the time, date, and place of the public hearing and include all of	3088
the following:	3089

(1) The name of the county rural zoning commission that will	3090
be conducting the hearing;	3091

(2) A statement indicating that the motion, resolution, or	3092
application is an amendment to the zoning resolution;	3093

(3) A list of the addresses of all properties to be rezoned	3094
or redistricted by the proposed amendment and of the names of	3095
owners of these properties, as they appear on the county auditor's	3096
current tax list;	3097

(4) The present zoning classification of property named in	3098
the proposed amendment and the proposed zoning classification of	3099
that property;	3100

(5) The time and place where the motion, resolution, or	3101
application proposing to amend the zoning resolution will be	3102
available for examination for a period of at least ten days prior	3103
to the hearing;	3104

(6) The name of the person responsible for giving notice of	3105
the public hearing by publication, by mail, or by both publication	3106
and mail;	3107

(7) A statement that, after the conclusion of the hearing,	3108
the matter will be submitted to the board of county commissioners	3109
for its action;	3110

(8) Any other information requested by the commission.

3111

(D) If the proposed amendment alters the text of the zoning	3112
resolution, or rezones or redistricts more than ten parcels of	3113
land as listed on the county auditor's current tax list, the	3114
published notice shall set forth the time, date, and place of the	3115
public hearing and include all of the following:	3116

(1) The name of the county rural zoning commission that will	3117
be conducting the hearing on the proposed amendment;	3118

(2) A statement indicating that the motion, application, or	3119
resolution is an amendment to the zoning resolution;	3120

(3) The time and place where the text and maps of the	3121
proposed amendment will be available for examination for a period	3122
of at least ten days prior to the hearing;	3123

(4) The name of the person responsible for giving notice of	3124
the hearing by publication;	3125

(5) A statement that, after the conclusion of the hearing,	3126
the matter will be submitted to the board of county commissioners	3127
for its action;	3128

(6) Any other information requested by the commission.

3129

Hearings shall be held in the county court house or in a	3130
public place designated by the commission.	3131

(E) Within five days after the adoption of the motion	3132
described in division (A) of this section, the certification of	3133
the resolution described in division (A) of this section, or the	3134
filing of the application described in division (A) of this	3135
section, the county rural zoning commission shall transmit a copy	3136
of it together with text and map pertaining to it to the county or	3137
regional planning commission, if there is such a commission.	3138

The county or regional planning commission shall recommend	3139
the approval or denial of the proposed amendment or the approval	3140
of some modification of it and shall submit its recommendation to	3141
the county rural zoning commission. The recommendation shall be	3142
considered at the public hearing held by the county rural zoning	3143
commission on the proposed amendment.	3144

The county rural zoning commission, within thirty days after	3145
the hearing, shall recommend the approval or denial of the	3146
proposed amendment, or the approval of some modification of it,	3147
and shall submit that recommendation together with the motion,	3148
application, or resolution involved, the text and map pertaining	3149
to the proposed amendment, and the recommendation of the county or	3150
regional planning commission on it to the board of county	3151
commissioners.	3152

The board of county commissioners, upon receipt of that	3153
recommendation, shall set a time for a public hearing on the	3154
proposed amendment, which date shall be not more than thirty days	3155
from the date of the receipt of that recommendation. Notice of the	3156
hearing shall be given by the board by one publication in one or	3157
more newspapers of general circulation in the county, at least ten	3158
days before the date of the hearing.	3159

(F) If the proposed amendment intends to rezone or redistrict	3160
ten or fewer parcels of land as listed on the county auditor's	3161
current tax list, the published notice shall set forth the time,	3162
date, and place of the public hearing and include all of the	3163
following:	3164

(1) The name of the board of county commissioners that will	3165
be conducting the hearing;	3166

(2) A statement indicating that the motion, application, or	3167
resolution is an amendment to the zoning resolution;	3168

(3) A list of the addresses of all properties to be rezoned	3169
or redistricted by the proposed amendment and of the names of	3170
owners of those properties, as they appear on the county auditor's	3171
current tax list;	3172

(4) The present zoning classification of property named in	3173
the proposed amendment and the proposed zoning classification of	3174
that property;	3175

(5) The time and place where the motion, application, or	3176
resolution proposing to amend the zoning resolution will be	3177
available for examination for a period of at least ten days prior	3178
to the hearing;	3179

(6) The name of the person responsible for giving notice of	3180
the hearing by publication, by mail, or by both publication and	3181
mail;	3182

(7) Any other information requested by the board.

3183

(G) If the proposed amendment alters the text of the zoning	3184
resolution, or rezones or redistricts more than ten parcels of	3185
land as listed on the county auditor's current tax list, the	3186
published notice shall set forth the time, date, and place of the	3187
public hearing and include all of the following:	3188

(1) The name of the board of county commissioners that will	3189
be conducting the hearing on the proposed amendment;	3190

(2) A statement indicating that the motion, application, or	3191
resolution is an amendment to the zoning resolution;	3192

(3) The time and place where the text and maps of the	3193
proposed amendment will be available for examination for a period	3194
of at least ten days prior to the hearing;	3195

(4) The name of the person responsible for giving notice of	3196
the hearing by publication;	3197

(5) Any other information requested by the board.

3198

(H) Within twenty days after its public hearing, the board of	3199
county commissioners shall either adopt or deny the recommendation	3200
of the county rural zoning commission or adopt some modification	3201
of it. If the board denies or modifies the commission's	3202
recommendation, ~~the unanimous~~a majority vote of the board shall	3203
be required.	3204

The proposed amendment, if adopted by the board, shall become	3205
effective in thirty days after the date of its adoption, unless,	3206
within thirty days after the adoption, there is presented to the	3207
board of county commissioners a petition, signed by a number of	3208
qualified voters residing in the unincorporated area of the	3209
township or part of that unincorporated area included in the	3210
zoning plan equal to not less than eight per cent of the total	3211
vote cast for all candidates for governor in that area at the most	3212
recent general election at which a governor was elected,	3213
requesting the board to submit the amendment to the electors of	3214
that area for approval or rejection at a special election to be	3215
held on the day of the next primary or general election. Each part	3216
of this petition shall contain the number and the full and correct	3217
title, if any, of the zoning amendment resolution, motion, or	3218
application, furnishing the name by which the amendment is known	3219
and a brief summary of its contents. In addition to meeting the	3220
requirements of this section, each petition shall be governed by	3221
the rules specified in section 3501.38 of the Revised Code.	3222

The form of a petition calling for a zoning referendum and	3223
the statement of the circulator shall be substantially as follows:	3224

"PETITION FOR ZONING REFERENDUM	3225

(if the proposal is identified by a particular name or number, or	3226
both, these should be inserted here) ........................	3227

A proposal to amend the zoning map of the unincorporated area	3228
of .............. Township, ................... County, Ohio,	3229
adopted ....... (date) .......... (followed by brief summary of	3230
the proposal).	3231

To the Board of County Commissioners of ..................	3232
County, Ohio:	3233

We, the undersigned, being electors residing in the	3234
unincorporated area of ............... Township, included within	3235
the ................. County Zoning Plan, equal to not less than	3236
eight per cent of the total vote cast for all candidates for	3237
governor in the area at the preceding general election at which a	3238
governor was elected, request the Board of County Commissioners to	3239
submit this amendment of the zoning resolution to the electors of	3240
............. Township residing within the unincorporated area of	3241
the township included in the ............... County Zoning	3242
Resolution, for approval or rejection at a special election to be	3243
held on the day of the next primary or general election to be held	3244
on ........(date)......., pursuant to section 303.12 of the	3245
Revised Code.	3246

	Street Address				Date of		3247
Signature	or R.F.D.	Township	Precinct	County	Signing		3248

..............................................................	3249

..............................................................	3250

STATEMENT OF CIRCULATOR	3251

I, .....................(name of circulator)...................,	3252
declare under penalty of election falsification that I am an	3253
elector of the state of Ohio and reside at the address appearing	3254
below my signature; that I am the circulator of the foregoing part	3255
petition containing .....(number)....... signatures; that I have	3256
witnessed the affixing of every signature; that all signers were	3257
to the best of my knowledge and belief qualified to sign; and that	3258
every signature is to the best of my knowledge and belief the	3259
signature of the person whose signature it purports to be or of an	3260
attorney in fact acting pursuant to section 3501.382 of the	3261
Revised Code.	3262

	................................		3263
	(Signature of circulator)		3264
	................................		3265
	(Address of circulator's permanent		3266
	residence in this state)		3267
	................................		3268
	(City, village, or township,		3269
	and zip code)		3270

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	3271
OF THE FIFTH DEGREE."	3272

No amendment for which such a referendum vote has been	3273
requested shall be put into effect unless a majority of the vote	3274
cast on the issue is in favor of the amendment. Upon certification	3275
by the board of elections that the amendment has been approved by	3276
the voters, it shall take immediate effect.	3277

Within five working days after an amendment's effective date,	3278
the board of county commissioners shall file the text and maps of	3279
the amendment in the office of the county recorder and with the	3280
regional or county planning commission, if one exists.	3281

The failure to file any amendment, or any text and maps, or	3282
duplicates of any of these documents, with the office of the	3283
county recorder or the county or regional planning commission as	3284
required by this section does not invalidate the amendment and is	3285
not grounds for an appeal of any decision of the board of zoning	3286
appeals.	3287

Sec. 303.211. (A) Except as otherwise provided in division	3288
(B) or (C) of this section, sections 303.01 to 303.25 of the	3289
Revised Code do not confer any power on any board of county	3290
commissioners or board of zoning appeals in respect to the	3291
location, erection, construction, reconstruction, change,	3292
alteration, maintenance, removal, use, or enlargement of any	3293
buildings or structures of any public utility or railroad, whether	3294
publicly or privately owned, or the use of land by any public	3295
utility or railroad for the operation of its business. As used in	3296
this division, "public utility" does not include a person that	3297
owns or operates a solid waste facility or a solid waste transfer	3298
facility, other than a publicly owned solid waste facility or a	3299
publicly owned solid waste transfer facility, that has been issued	3300
a permit under Chapter 3734. of the Revised Code or a	3301
construction and demolition debris facility that has been issued	3302
a permit under Chapter 3714. of the Revised Code.	3303

(B)(1) As used in this division, "telecommunications tower"	3304
means any free-standing structure, or any structure to be attached	3305
to a building or other structure, that meets all of the following	3306
criteria:	3307

(a) The free-standing or attached structure is proposed to be	3308
constructed on or after October 31, 1996.	3309

(b) The free-standing or attached structure is proposed to be	3310
owned or principally used by a public utility engaged in the	3311
provision of telecommunications services.	3312

(c) The free-standing or attached structure is proposed to be	3313
located in an unincorporated area of a township, in an area zoned	3314
for residential use.	3315

(d)(i) The free-standing structure is proposed to top at a	3316
height that is greater than either the maximum allowable height of	3317
residential structures within the zoned area as set forth in the	3318
applicable zoning regulations, or the maximum allowable height of	3319
such a free-standing structure as set forth in any applicable	3320
zoning regulations in effect immediately prior to October 31,	3321
1996, or as those regulations subsequently are amended.	3322

(ii) The attached structure is proposed to top at a height	3323
that is greater than either the height of the building or other	3324
structure to which it is to be attached, or the maximum allowable	3325
height of such an attached structure as set forth in any	3326
applicable zoning regulations in effect immediately prior to	3327
October 31, 1996, or as those regulations subsequently are	3328
amended.	3329

(e) The free-standing or attached structure is proposed to	3330
have attached to it radio frequency transmission or reception	3331
equipment.	3332

(2) Sections 303.01 to 303.25 of the Revised Code confer	3333
power on a board of county commissioners or board of zoning	3334
appeals with respect to the location, erection, construction,	3335
reconstruction, change, alteration, removal, or enlargement of a	3336
telecommunications tower, but not with respect to the maintenance	3337
or use of such a tower or any change or alteration that would not	3338
substantially increase the tower's height. However, the power so	3339
conferred shall apply to a particular telecommunications tower	3340
only upon the provision of a notice, in accordance with division	3341
(B)(4)(a) of this section, to the person proposing to construct	3342
the tower.	3343

(3) Any person who plans to construct a telecommunications	3344
tower in an area subject to county zoning regulations shall	3345
provide both of the following by certified mail:	3346

(a) Written notice to the board of township trustees of the	3347
township in which the tower is proposed to be constructed and to	3348
each owner of property, as shown on the county auditor's current	3349
tax list, whose land is contiguous to or directly across a street	3350
or roadway from the property on which the tower is proposed to be	3351
constructed, stating all of the following in clear and concise	3352
language:	3353

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

3354

(ii) A description of the property sufficient to identify the	3355
proposed location;	3356

(iii) That, no later than fifteen days after the date of	3357
mailing of the notice, such board of township trustees or any such	3358
property owner may give written notice to the board of county	3359
commissioners requesting that sections 303.01 to 303.25 of the	3360
Revised Code apply to the proposed location of the tower as	3361
provided under division (B)(4)(a) of this section.	3362

If the notice to the board of township trustees or to a	3363
property owner is returned unclaimed or refused, the person shall	3364
mail the notice by regular mail. The failure of delivery of the	3365
notice does not invalidate the notice.	3366

(b) Written notice to the board of county commissioners of	3367
the information specified in divisions (B)(3)(a)(i) and (ii) of	3368
this section. The notice to the board also shall include	3369
verification that the person has complied with division (B)(3)(a)	3370
of this section.	3371

(4)(a) If the board of county commissioners receives notice	3372
from the board of township trustees or a property owner under	3373
division (B)(3)(a)(iii) of this section within the time specified	3374
in that division or if a member of the board of county	3375
commissioners makes an objection to the proposed location of the	3376
telecommunications tower within fifteen days after the date of	3377
mailing of the notice sent under division (B)(3)(b) of this	3378
section, the board of county commissioners shall send the person	3379
proposing to construct the tower written notice that the tower is	3380
subject to the power conferred by and in accordance with division	3381
(B)(2) of this section. The notice shall be sent no later than	3382
five days after the earlier of the date the board first receives	3383
such a notice from the board of township trustees or a property	3384
owner or the date upon which a member of the board of county	3385
commissioners makes an objection. Upon the date of mailing of the	3386
notice to the person, sections 303.01 to 303.25 of the Revised	3387
Code shall apply to the tower.	3388

(b) If the board of county commissioners receives no notice	3389
under division (B)(3)(a)(iii) of this section within the time	3390
prescribed by that division or no board member has an objection as	3391
provided under division (B)(4)(a) of this section within the time	3392
prescribed by that division, division (A) of this section shall	3393
apply to the tower without exception.	3394

(C) Sections 303.01 to 303.25 of the Revised Code confer	3395
power on a board of county commissioners or board of zoning	3396
appeals with respect to the location, erection, construction,	3397
reconstruction, change, alteration, maintenance, removal, use, or	3398
enlargement of any buildings or structures of a public utility	3399
engaged in the business of transporting persons or property, or	3400
both, or providing or furnishing such transportation service, over	3401
any public street, road, or highway in this state, and with	3402
respect to the use of land by any such public utility for the	3403
operation of its business, to the extent that any exercise of such	3404
power is reasonable and not inconsistent with Chapters 4901.,	3405
4903., 4905., 4909., 4921., and 4923. of the Revised Code.	3406
However, this division confers no power on a board of county	3407
commissioners or board of zoning appeals with respect to a	3408
building or structure of, or the use of land by, a person engaged	3409
in the transportation of farm supplies to the farm or farm	3410
products from farm to market or to food fabricating plants.	3411

(D) Sections 303.01 to 303.25 of the Revised Code confer no	3412
power on any county rural zoning commission, board of county	3413
commissioners, or board of zoning appeals to prohibit the sale or	3414
use of alcoholic beverages in areas where the establishment and	3415
operation of any retail business, hotel, lunchroom, or restaurant	3416
is permitted.	3417

(E)(1) Any person who plans to construct a telecommunications	3418
tower within one hundred feet of a residential dwelling shall	3419
provide a written notice to the owner of the residential dwelling	3420
and to the person occupying the residence, if that person is not	3421
the owner of the residence, stating in clear and concise language	3422
the person's intent to construct the tower and a description of	3423
the property sufficient to identify the proposed location. The	3424
notice shall be sent by certified mail. If the notice is returned	3425
unclaimed or refused, the person shall mail the notice by regular	3426
mail. The failure of delivery does not invalidate the notice.	3427

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

3428

(a) "Residential dwelling" means a building used or intended	3429
to be used as a personal residence by the owner, part-time owner,	3430
or lessee of the building, or any person authorized by such a	3431
person to use the building as a personal residence.	3432

(b) "Telecommunications tower" has the same meaning as in	3433
division (B)(1) of this section, except that the proposed location	3434
of the free-standing or attached structure may be an area other	3435
than an unincorporated area of a township, in an area zoned for	3436
residential use.	3437

Sec. 303.213. (A) As used in this section, "small wind farm"	3438
means wind turbines and associated facilities that are	3439
interconnected with a medium voltage power collection system and	3440
communications network and are designed for, or capable of,	3441
operation at an aggregate capacity of less than five megawatts.	3442

(B) Notwithstanding division (A) of section 303.211 of the	3443
Revised Code, sections 303.01 to 303.25 of the Revised Code confer	3444
power on a board of county commissioners or board of zoning	3445
appeals to adopt zoning regulations governing the location,	3446
erection, construction, reconstruction, change, alteration,	3447
maintenance, removal, use, or enlargement of any small wind farm,	3448
whether publicly or privately owned, or the use of land for that	3449
purpose, which regulations may be more strict than the regulations	3450
prescribed in rules adopted under division (C)(2) of section	3451
4906.20 of the Revised Code.	3452

(C) The designation under this section of a small wind farm	3453
as a public utility for purposes of sections 303.01 to 303.25 of	3454
the Revised Code shall not affect the classification of a small	3455
wind farm for purposes of state or local taxation.	3456

(D) Nothing in division (C) of this section shall be	3457
construed as affecting the classification of a telecommunications	3458
tower as defined in division (B) or (E) of section 303.211 of the	3459
Revised Code or any other public utility for purposes of state and	3460
local taxation.	3461

Sec. 306.43. (A) The board of trustees of a regional transit	3462
authority or any officer or employee designated by such board may	3463
make any contract for the purchase of goods or services, the cost	3464
of which does not exceed ~~twenty-five~~one hundred thousand	3465
dollars. When an expenditure, other than for the acquisition of	3466
real estate, the discharge of claims, or the acquisition of	3467
goods or services under the circumstances described in division	3468
(H) of this section, is expected to exceed ~~twenty-five~~one	3469
hundred thousand dollars, such expenditure shall be made through	3470
full and open competition by the use of competitive procedures.	3471
The regional transit authority shall use the competitive	3472
procedure, as set forth in divisions (B), (C), (D), and (E) of	3473
this section, that is most appropriate under the circumstances	3474
of the procurement.	3475

(B) Competitive sealed bidding is the preferred method of	3476
procurement and a regional transit authority shall use that method	3477
if all of the following conditions exist:	3478

(1) A clear, complete and adequate description of the goods,	3479
services, or work is available;	3480

(2) Time permits the solicitation, submission, and evaluation	3481
of sealed bids;	3482

(3) The award will be made on the basis of price and other	3483
price-related factors;	3484

(4) It is not necessary to conduct discussions with	3485
responding offerors about their bids;	3486

(5) There is a reasonable expectation of receiving more than	3487
one sealed bid.	3488

A regional transit authority shall publish a notice calling	3489
for bids once a week for no less than two consecutive weeks in at	3490
least one newspaper of general circulation within the territorial	3491
boundaries of the regional transit authority. A regional transit	3492
authority may require that a bidder for any contract other than a	3493
construction contract provide a bid guaranty in the form, quality,	3494
and amount considered appropriate by the regional transit	3495
authority. The board may let the contract to the lowest responsive	3496
and responsible bidder. Where fewer than two responsive bids are	3497
received, a regional transit authority may negotiate price with	3498
the sole responsive bidder or may rescind the solicitation and	3499
procure under division (H)(2) of this section.	3500

(C) A regional transit authority may use two-step competitive	3501
bidding, consisting of a technical proposal and a separate,	3502
subsequent sealed price bid from those submitting acceptable	3503
technical proposals, if both of the following conditions exist:	3504

(1) A clear, complete, and adequate description of the goods,	3505
services, or work is not available, but definite criteria exist	3506
for the evaluation of technical proposals;	3507

(2) It is necessary to conduct discussions with responding	3508
offerors.	3509

A regional transit authority shall publish a notice calling	3510
for technical proposals once a week for no less than two	3511
consecutive weeks in at least one newspaper of general circulation	3512
within the territorial boundaries of the regional transit	3513
authority. A regional transit authority may require a bid guaranty	3514
in the form, quality, and amount the regional transit authority	3515
considers appropriate. The board may let the contract to the	3516
lowest responsive and responsible bidder. Where fewer than two	3517
responsive and responsible bids are received, a regional transit	3518
authority may negotiate price with the sole responsive and	3519
responsible bidder or may rescind the solicitation and procure	3520
under division (H)(2) of this section.	3521

(D) A regional transit authority shall make a procurement by	3522
competitive proposals if competitive sealed bidding or two-step	3523
competitive bidding is not appropriate.	3524

A regional transit authority shall publish a notice calling	3525
for proposals once a week for no less than two consecutive weeks	3526
in at least one newspaper of general circulation within the	3527
territorial boundaries of the regional transit authority. A	3528
regional transit authority may require a proposal guaranty in the	3529
form, quality, and amount considered appropriate by the regional	3530
transit authority. The board may let the contract to the proposer	3531
making the offer considered most advantageous to the authority.	3532
Where fewer than two competent proposals are received, a regional	3533
transit authority may negotiate price and terms with the sole	3534
proposer or may rescind the solicitation and procure under	3535
division (H)(2) of this section.	3536

(E)(1) A regional transit authority shall procure the	3537
services of an architect or engineer in the manner prescribed by	3538
the "Federal Mass Transportation Act of 1987," Public Law No.	3539
100-17, section 316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 1608	3540
and the services of a construction manager in the manner	3541
prescribed by sections 9.33 to 9.332 of the Revised Code.	3542

(2) A regional transit authority may procure revenue rolling	3543
stock in the manner prescribed by division (B), (C), or (D) of	3544
this section.	3545

(3) All contracts for construction in excess of ~~twenty-five~~	3546
one hundred thousand dollars shall be made only after the regional	3547
transit authority has published a notice calling for bids once a	3548
week for two consecutive weeks in at least one newspaper of	3549
general circulation within the territorial boundaries of the	3550
regional transit authority. The board may award a contract to the	3551
lowest responsive and responsible bidder. Where only one	3552
responsive and responsible bid is received, the regional transit	3553
authority may negotiate price with the sole responsive bidder or	3554
may rescind the solicitation. The regional transit authority	3555
shall award construction contracts in accordance with sections	3556
153.12 to 153.14 and 153.54 of the Revised Code. Divisions (B)	3557
and (C) of this section shall not apply to the award of contracts	3558
for construction.	3559

(F) All contracts involving expenditures in excess of	3560
~~twenty-five~~one hundred thousand dollars shall be in writing and	3561
shall be accompanied by or shall refer to plans and specifications	3562
for the work to be done. The plans and specifications shall at all	3563
times be made and considered part of the contract. For all	3564
contracts other than construction contracts, a regional transit	3565
authority may require performance, payment, or maintenance	3566
guaranties or any combination of such guaranties in the form,	3567
quality, and amount it considers appropriate. The contract shall	3568
be approved by the board and signed on behalf of the regional	3569
transit authority and by the contractor.	3570

(G) In making a contract, a regional transit authority may	3571
give preference to goods produced in the United States in	3572
accordance with the Buy America requirements in the "Surface	3573
Transportation Assistance Act of 1982," Public Law No. 97-424,	3574
section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended, and	3575
the rules adopted thereunder. The regional transit authority also	3576
may give preference to providers of goods produced in and services	3577
provided in labor surplus areas as defined by the United States	3578
department of labor in 41 U.S.C.A. 401 note, Executive Order No.	3579
12073, August 16, 1978, 43 Fed. Reg. 36873, as amended.	3580

(H) Competitive procedures under this section are not	3581
required in any of the following circumstances:	3582

(1) The board of trustees of a regional transit authority, by	3583
a two-thirds affirmative vote of its members, determines that a	3584
real and present emergency exists under any of the following	3585
conditions, and the board enters its determination and the reasons	3586
for it in its proceedings:	3587

(a) Affecting safety, welfare, or the ability to deliver	3588
transportation services;	3589

(b) Arising out of an interruption of contracts essential to	3590
the provision of daily transit services;	3591

(c) Involving actual physical damage to structures, supplies,	3592
equipment, or property.	3593

(2) The purchase consists of goods or services, or any	3594
combination thereof, and after reasonable inquiry the board or any	3595
officer or employee the board designates finds that only one	3596
source of supply is reasonably available.	3597

(3) The expenditure is for a renewal or renegotiation of a	3598
lease or license for telecommunications or electronic data	3599
processing equipment, services, or systems, or for the upgrade of	3600
such equipment, services, or systems, or for the maintenance	3601
thereof as supplied by the original source or its successors or	3602
assigns.	3603

(4) The purchase of goods or services is made from another	3604
political subdivision, public agency, public transit system,	3605
regional transit authority, the state, or the federal government,	3606
or as a third-party beneficiary under a state or federal	3607
procurement contract, or as a participant in a department of	3608
administrative services contract under division (B) of section	3609
125.04 of the Revised Code.	3610

(5) The sale and leaseback or lease and leaseback of transit	3611
facilities is made as provided in division (AA) of section 306.35	3612
of the Revised Code.	3613

(6) The purchase substantially involves services of a	3614
personal, professional, highly technical, or scientific nature,	3615
including but not limited to the services of an attorney,	3616
physician, surveyor, appraiser, investigator, court reporter,	3617
adjuster, advertising consultant, or licensed broker, or involves	3618
the special skills or proprietary knowledge required for the	3619
servicing of specialized equipment owned by the regional transit	3620
authority.	3621

(7) Services or supplies are available from a qualified	3622
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	3623
Revised Code.	3624

(8) The purchase consists of the product or services of a	3625
public utility.	3626

(9) The purchase is for the services of individuals with	3627
disabilities to work in the authority's commissaries or	3628
cafeterias, and those individuals are supplied by a nonprofit	3629
corporation or association whose purpose is to assist individuals	3630
with disabilities, whether or not that corporation or association	3631
is funded entirely or in part by the federal government, or the	3632
purchase is for services provided by a nonprofit corporation or	3633
association whose purpose is to assist individuals with	3634
disabilities, whether or not that corporation or association is	3635
funded entirely or in part by the federal government. For purposes	3636
of division (H)(9) of this section, "disability" has the same	3637
meaning as in section 4112.01 of the Revised Code.	3638

(I) A regional transit authority may enter into blanket	3639
purchase agreements for purchases of maintenance, operating, or	3640
repair goods or services where the item cost does not exceed five	3641
hundred dollars and the annual expenditure does not exceed	3642
~~twenty-five~~one hundred thousand dollars.	3643

(J) Nothing contained in this section prohibits a regional	3644
transit authority from participating in intergovernmental	3645
cooperative purchasing arrangements.	3646

(K) Except as otherwise provided in this chapter, a regional	3647
transit authority shall make a sale or other disposition of	3648
property through full and open competition. Except as provided in	3649
division (L) of this section, all dispositions of personal	3650
property and all grants of real property for terms exceeding five	3651
years shall be made by public auction or competitive procedure.	3652

(L) The competitive procedures required by division (K) of	3653
this section are not required in any of the following	3654
circumstances:	3655

(1) The grant is a component of a joint development between	3656
public and private entities and is intended to enhance or benefit	3657
public transit.	3658

(2) The grant of a limited use or of a license affecting land	3659
is made to an owner of abutting real property.	3660

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

3661

(4) The grant or disposition is to a department of the	3662
federal or state government, to a political subdivision of the	3663
state, or to any other governmental entity.	3664

(5) Used equipment is traded on the purchase of equipment and	3665
the value of the used equipment is a price-related factor in the	3666
basis for award for the purchase.	3667

(6) The value of the personal property is such that	3668
competitive procedures are not appropriate and the property either	3669
is sold at its fair market value or is disposed of by gift to a	3670
nonprofit entity having the general welfare or education of the	3671
public as one of its principal objects.	3672

(M) The board of trustees of a regional transit authority,	3673
when making a contract funded exclusively by state or local moneys	3674
or any combination thereof, shall make a good faith effort to use	3675
disadvantaged business enterprise participation to the same extent	3676
required under Section 105(f) of the "Surface Transportation	3677
Assistance Act of 1982," Public Law No. 97-424, 96 Stat. 2100, and	3678
Section 106(c) of the "Surface Transportation and Uniform	3679
Relocation Assistance Act of 1987," Public Law No. 100-17, 101	3680
Stat. 145, and the rules adopted thereunder.	3681

(N) As used in this section:

3682

(1) "Goods" means all things, including specially	3683
manufactured goods, that are movable at the time of identification	3684
to the contract for sale other than the money in which the price	3685
is to be paid, investment securities, and things in action.	3686
"Goods" also includes other identified things attached to realty	3687
as described in section 1302.03 of the Revised Code.	3688

(2) "Services" means the furnishing of labor, time, or effort	3689
by a contractor, not involving the delivery of goods or reports	3690
other than goods or reports that are merely incidental to the	3691
required performance, including but not limited to insurance,	3692
bonding, or routine operation, routine repair, or routine	3693
maintenance of existing structures, buildings, real property, or	3694
equipment, but does not include employment agreements, collective	3695
bargaining agreements, or personal services.	3696

(3) "Construction" means the process of building, altering,	3697
repairing, improving, painting, decorating, or demolishing any	3698
structure or building, or other improvements of any kind to any	3699
real property owned or leased by a regional transit authority.	3700

(4) "Full and open competition" has the same meaning as in	3701
the "Office of Federal Procurement Policy Act," Public Law No.	3702
98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403.	3703

(5) A bidder is "responsive" if, applying the criteria of	3704
division (A) of section 9.312 of the Revised Code, the bidder is	3705
"responsive" as described in that section.	3706

(6) A bidder is "responsible" if, applying the criteria of	3707
division (A) of section 9.312 of the Revised Code and of the	3708
"Office of Federal Procurement Policy Act," Public Law No. 98-369,	3709
section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the bidder is	3710
"responsible" as described in those sections.	3711

Sec. 307.697. (A) For the purpose of section 307.696 of the	3712
Revised Code and to pay any or all of the charge the board of	3713
elections makes against the county to hold the election on the	3714
question of levying the tax, or for those purposes and to provide	3715
revenues to the county for permanent improvements, the board of	3716
county commissioners of a county may levy a tax not to exceed	3717
three dollars on each gallon of spirituous liquor sold to or	3718
purchased by liquor permit holders for resale, and sold at retail	3719
by the division of liquor control, in the county. The tax shall be	3720
levied on the number of gallons so sold. The tax may be levied for	3721
any number of years not exceeding twenty.	3722

The tax shall be levied pursuant to a resolution of the board	3723
of county commissioners approved by a majority of the electors in	3724
the county voting on the question of levying the tax, which	3725
resolution shall specify the rate of the tax, the number of years	3726
the tax will be levied, and the purposes for which the tax is	3727
levied. The election may be held on the date of a general or	3728
special election held not sooner than seventy-five days after the	3729
date the board certifies its resolution to the board of elections.	3730
If approved by the electors, the tax takes effect on the first day	3731
of the month specified in the resolution but not sooner than the	3732
first day of the month that is at least sixty days after the	3733
certification of the election results by the board of elections. A	3734
copy of the resolution levying the tax shall be certified to the	3735
division of liquor control at least sixty days prior to the date	3736
on which the tax is to become effective.	3737

(B) A resolution under this section may be joined on the	3738
ballot as a single question with a resolution adopted under	3739
section 4301.421 or 5743.024 of the Revised Code to levy a tax for	3740
the same purposes, and for the purpose of paying the expenses of	3741
administering that tax.	3742

(C) The form of the ballot in an election held pursuant to	3743
this section or section 4301.421 or 5743.024 of the Revised Code	3744
shall be as follows or in any other form acceptable to the	3745
secretary of state:	3746

"For the purpose of paying not more than one-half of the	3747
costs of providing a public sports facility together with related	3748
redevelopment and economic development projects, shall (an) excise	3749
tax(es) be levied by .......... county at the rate of ......	3750
(dollars on each gallon of spirituous liquor sold in the county by	3751
the Ohio division of liquor control, cents per gallon on the sale	3752
of beer at wholesale in the county, cents per gallon on the sale	3753
of wine and mixed beverages at wholesale in the county, cents per	3754
gallon on the sale of cider at wholesale in the county, or mills	3755
per cigarette on the sale of cigarettes at wholesale in the	3756
county), for ...... years?	3757

3758

		Yes			3759
		No	"		3760

3761

For an election in which questions under this section or	3762
section 4301.421 or 5743.024 of the Revised Code are joined as a	3763
single question, the form of the ballot shall be as above, except	3764
each of the proposed taxes shall be listed.	3765

(D) The board of county commissioners of a county in which a	3766
tax is imposed under this section on July 19, 1995, may levy a tax	3767
for the purpose of section 307.673 of the Revised Code regardless	3768
of whether or not the cooperative agreement authorized under that	3769
section has been entered into prior to the day the resolution	3770
adopted under division (D)(1) or (2) of this section is adopted,	3771
and for the purpose of reimbursing a county for costs incurred in	3772
the construction of a sports facility pursuant to an agreement	3773
entered into by the county under section 307.696 of the Revised	3774
Code. The tax shall be levied and approved in one of the manners	3775
prescribed by division (D)(1) or (2) of this section.	3776

(1) The tax may be levied pursuant to a resolution adopted by	3777
a majority of the members of the board of county commissioners not	3778
later than forty-five days after July 19, 1995. A board of county	3779
commissioners approving a tax under division (D)(1) of this	3780
section may approve a tax under division (B)(1) of section	3781
4301.421 or division (C)(1) of section 5743.024 of the Revised	3782
Code at the same time. Subject to the resolution being submitted	3783
to a referendum under sections 305.31 to 305.41 of the Revised	3784
Code, the resolution shall take effect immediately, but the tax	3785
levied pursuant to the resolution shall not be levied prior to the	3786
day following the last day the tax levied pursuant to divisions	3787
(A), (B), and (C) of this section may be levied.	3788

(2) The tax may be levied pursuant to a resolution adopted by	3789
a majority of the members of the board of county commissioners not	3790
later than forty-five days after July 19, 1995, and approved by a	3791
majority of the electors of the county voting on the question of	3792
levying the tax at the next succeeding general election following	3793
July 19, 1995. The board of county commissioners shall certify a	3794
copy of the resolution to the board of elections immediately upon	3795
adopting a resolution under division (D)(2) of this section, and	3796
the board of elections shall place the question of levying the tax	3797
on the ballot at that election. The form of the ballot shall be as	3798
prescribed by division (C) of this section, except that the phrase	3799
"paying not more than one-half of the costs of providing a sports	3800
facility together with related redevelopment and economic	3801
development projects" shall be replaced by the phrase "paying the	3802
costs of constructing or renovating a sports facility and	3803
reimbursing a county for costs incurred by the county in the	3804
construction of a sports facility," and the phrase ", beginning	3805
.......... (here insert the earliest date the tax would take	3806
effect)" shall be appended after "years." A board of county	3807
commissioners submitting the question of a tax under division	3808
(D)(2) of this section may submit the question of a tax under	3809
division (B)(2) of section 4301.421 or division (C)(2) of section	3810
5743.024 of the Revised Code as a single question, and the form of	3811
the ballot shall include each of the proposed taxes.	3812

If approved by a majority of electors voting on the question,	3813
the tax shall take effect on the day specified on the ballot,	3814
which shall not be earlier than the day following the last day the	3815
tax levied pursuant to divisions (A), (B), and (C) of this section	3816
may be levied.	3817

The rate of a tax levied pursuant to division (D)(1) or (2)	3818
of this section shall not exceed the rate specified in division	3819
(A) of this section. A tax levied pursuant to division (D)(1) or	3820
(2) of this section may be levied for any number of years not	3821
exceeding twenty.	3822

A board of county commissioners adopting a resolution under	3823
division (D)(1) or (2) of this section shall certify a copy of the	3824
resolution to the division of liquor control immediately upon	3825
adoption of the resolution.	3826

(E) No tax shall be levied under this section on or after the	3827
effective date of the amendment of this section by the capital	3828
appropriations act of the 127th general assembly. This division	3829
does not prevent the collection of any tax levied under this	3830
section before that date so long as that tax remains effective.	3831

Sec. 317.32. The county recorder shall charge and collect	3832
the following fees, to include base fees for the recorder's	3833
services and housing trust fund fees, collected pursuant to	3834
section 317.36 of the Revised Code:	3835

(A) For recording and indexing an instrument when the	3836
photocopy or any similar process is employed, a base fee of	3837
fourteen dollars for the first two pages and a housing trust fund	3838
fee of fourteen dollars, and a base fee of four dollars and a	3839
housing trust fund fee of four dollars for each subsequent page,	3840
size eight and one-half inches by fourteen inches, or fraction of	3841
a page, including the caption page, of such instrument;	3842

(B) For certifying a photocopy from the record previously	3843
recorded, a base fee of one dollar and a housing trust fund fee of	3844
one dollar per page, size eight and one-half inches by fourteen	3845
inches, or fraction of a page; for each certification where the	3846
recorder's seal is required, except as to instruments issued by	3847
the armed forces of the United States, a base fee of fifty cents	3848
and a housing trust fund fee of fifty cents;	3849

(C) For manual or typewritten recording of assignment or	3850
satisfaction of mortgage or lease or any other marginal entry, a	3851
base fee of four dollars and a housing trust fund fee of four	3852
dollars;	3853

(D) For entering any marginal reference by separate recorded	3854
instrument, a base fee of two dollars and a housing trust fund fee	3855
of two dollars for each marginal reference set out in that	3856
instrument, in addition to the fees set forth in division (A) of	3857
this section;	3858

(E) For indexing in the real estate mortgage records,	3859
pursuant to section 1309.519 of the Revised Code, financing	3860
statements covering crops growing or to be grown, timber to be	3861
cut, minerals or the like, including oil and gas, accounts subject	3862
to section 1309.301 of the Revised Code, or fixture filings made	3863
pursuant to section 1309.334 of the Revised Code, a base fee of	3864
two dollars and a housing trust fund fee of two dollars for each	3865
name indexed;	3866

(F) For recording manually any plat not exceeding six lines,	3867
a base fee of two dollars and a housing trust fund fee of two	3868
dollars, and for each additional line, a base fee of ten cents and	3869
a housing trust fund fee of ten cents;	3870

(G) For filing zoning resolutions, including text and maps,	3871
in the office of the recorder as required under sections 303.11	3872
and 519.11 of the Revised Code, a base fee of ~~fifty~~twenty-five	3873
dollars and a housing trust fund fee of ~~fifty~~twenty-five dollars,	3874
regardless of the size or length of the resolutions;	3875

(H) For filing zoning amendments, including text and maps, in	3876
the office of the recorder as required under sections 303.12 and	3877
519.12 of the Revised Code, a base fee of ten dollars and a	3878
housing trust fund fee of ten dollars ~~for the first page and a~~	3879
~~base fee of four dollars and a housing trust fund fee of four~~	3880
~~dollars for each additional page~~regardless of the size or length	3881
of the amendments;	3882

(I) For photocopying a document, other than at the time of	3883
recording and indexing as provided for in division (A) of this	3884
section, a base fee of one dollar and a housing trust fund fee of	3885
one dollar per page, size eight and one-half inches by fourteen	3886
inches, or fraction thereof;	3887

(J) For local facsimile transmission of a document, a base	3888
fee of one dollar and a housing trust fund fee of one dollar per	3889
page, size eight and one-half inches by fourteen inches, or	3890
fraction thereof; for long distance facsimile transmission of a	3891
document, a base fee of two dollars and a housing trust fund fee	3892
of two dollars per page, size eight and one-half inches by	3893
fourteen inches, or fraction thereof;	3894

(K) For recording a declaration executed pursuant to section	3895
2133.02 of the Revised Code or a durable power of attorney for	3896
health care executed pursuant to section 1337.12 of the Revised	3897
Code, or both a declaration and a durable power of attorney for	3898
health care, a base fee of at least fourteen dollars but not more	3899
than twenty dollars and a housing trust fund fee of at least	3900
fourteen dollars but not more than twenty dollars.	3901

In any county in which the recorder employs the photostatic	3902
or any similar process for recording maps, plats, or prints the	3903
recorder shall determine, charge, and collect for the recording or	3904
rerecording of any map, plat, or print, a base fee of five cents	3905
and a housing trust fund fee of five cents per square inch, for	3906
each square inch of the map, plat, or print filed for that	3907
recording or rerecording, with a minimum base fee of twenty	3908
dollars and a minimum housing trust fund fee of twenty dollars;	3909
for certifying a copy from the record, a base fee of two cents and	3910
a housing trust fund fee of two cents per square inch of the	3911
record, with a minimum base fee of two dollars and a minimum	3912
housing trust fund fee of two dollars.	3913

The fees provided in this section shall be paid upon the	3914
presentation of the instruments for record or upon the application	3915
for any certified copy of the record, except that the payment of	3916
fees associated with the filing and recording of, or the copying	3917
of, notices of internal revenue tax liens and notices of other	3918
liens in favor of the United States as described in division (A)	3919
of section 317.09 of the Revised Code and certificates of	3920
discharge or release of those liens, shall be governed by section	3921
317.09 of the Revised Code, and the payment of fees for providing	3922
copies of instruments conveying or extinguishing agricultural	3923
easements to the office of farmland preservation in the department	3924
of agriculture under division (H) of section 5301.691 of the	3925
Revised Code shall be governed by that division.	3926

Sec. 319.301. (A) This section does not apply to any of the	3927
following:	3928

(1) Taxes levied at whatever rate is required to produce a	3929
specified amount of tax money, including a tax levied under	3930
section 5705.199 or 5705.211 of the Revised Code, or an amount to	3931
pay debt charges;	3932

(2) Taxes levied within the one per cent limitation imposed	3933
by Section 2 of Article XII, Ohio Constitution;	3934

(3) Taxes provided for by the charter of a municipal	3935
corporation.	3936

(B) As used in this section:

3937

(1) "Real property" includes real property owned by a	3938
railroad.	3939

(2) "Carryover property" means all real property on the	3940
current year's tax list except:	3941

(a) Land and improvements that were not taxed by the district	3942
in both the preceding year and the current year;	3943

(b) Land and improvements that were not in the same class in	3944
both the preceding year and the current year.	3945

(3) "Effective tax rate" means with respect to each class of	3946
property:	3947

(a) The sum of the total taxes that would have been charged	3948
and payable for current expenses against real property in that	3949
class if each of the district's taxes were reduced for the current	3950
year under division (D)(1) of this section without regard to the	3951
application of division (E)(3) of this section divided by	3952

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

3953

(4) "Taxes charged and payable" means the taxes charged and	3954
payable prior to any reduction required by section 319.302 of the	3955
Revised Code.	3956

(C) The tax commissioner shall make the determinations	3957
required by this section each year, without regard to whether a	3958
taxing district has territory in a county to which section 5715.24	3959
of the Revised Code applies for that year. Separate determinations	3960
shall be made for each of the two classes established pursuant to	3961
section 5713.041 of the Revised Code.	3962

(D) With respect to each tax authorized to be levied by each	3963
taxing district, the tax commissioner, annually, shall do both of	3964
the following:	3965

(1) Determine by what percentage, if any, the sums levied by	3966
such tax against the carryover property in each class would have	3967
to be reduced for the tax to levy the same number of dollars	3968
against such property in that class in the current year as were	3969
charged against such property by such tax in the preceding year	3970
subsequent to the reduction made under this section but before the	3971
reduction made under section 319.302 of the Revised Code. In the	3972
case of a tax levied for the first time that is not a renewal of	3973
an existing tax, the commissioner shall determine by what	3974
percentage the sums that would otherwise be levied by such tax	3975
against carryover property in each class would have to be reduced	3976
to equal the amount that would have been levied if the full rate	3977
thereof had been imposed against the total taxable value of such	3978
property in the preceding tax year. A tax or portion of a tax that	3979
is designated a replacement levy under section 5705.192 of the	3980
Revised Code is not a renewal of an existing tax for purposes of	3981
this division.	3982

(2) Certify each percentage determined in division (D)(1) of	3983
this section, as adjusted under division (E) of this section, and	3984
the class of property to which that percentage applies to the	3985
auditor of each county in which the district has territory. The	3986
auditor, after complying with section 319.30 of the Revised Code,	3987
shall reduce the sum to be levied by such tax against each parcel	3988
of real property in the district by the percentage so certified	3989
for its class. Certification shall be made by the first day of	3990
September except in the case of a tax levied for the first time,	3991
in which case certification shall be made within fifteen days of	3992
the date the county auditor submits the information necessary to	3993
make the required determination.	3994

(E)(1) As used in division (E)(2) of this section, "pre-1982	3995
joint vocational taxes" means, with respect to a class of	3996
property, the difference between the following amounts:	3997

(a) The taxes charged and payable in tax year 1981 against	3998
the property in that class for the current expenses of the joint	3999
vocational school district of which the school district is a part	4000
after making all reductions under this section;	4001

(b) The following percentage of the taxable value of all real	4002
property in that class:	4003

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

4004

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

4005

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

4006

(iv) In 1990 and each subsequent year, two-tenths of one per	4007
cent.	4008

If the amount in division (E)(1)(b) of this section exceeds	4009
the amount in division (E)(1)(a) of this section, the pre-1982	4010
joint vocational taxes shall be zero.	4011

As used in divisions (E)(2) and (3) of this section, "taxes	4012
charged and payable" has the same meaning as in division (B)(4) of	4013
this section and excludes any tax charged and payable in 1985 or	4014
thereafter under sections 5705.194 to 5705.197 or section 5705.199	4015
or 5705.213 of the Revised Code.	4016

(2) If in the case of a school district other than a joint	4017
vocational or cooperative education school district any percentage	4018
required to be used in division (D)(2) of this section for either	4019
class of property could cause the total taxes charged and payable	4020
for current expenses to be less than two per cent of the taxable	4021
value of all real property in that class that is subject to	4022
taxation by the district, the commissioner shall determine what	4023
percentages would cause the district's total taxes charged and	4024
payable for current expenses against that class, after all	4025
reductions that would otherwise be made under this section, to	4026
equal, when combined with the pre-1982 joint vocational taxes	4027
against that class, the lesser of the following:	4028

(a) The sum of the rates at which those taxes are authorized	4029
to be levied;	4030

(b) Two per cent of the taxable value of the property in that	4031
class. The auditor shall use such percentages in making the	4032
reduction required by this section for that class.	4033

(3)(a) If in the case of a joint vocational school district	4034
any percentage required to be used in division (D)(2) of this	4035
section for either class of property could cause the total taxes	4036
charged and payable for current expenses for that class to be less	4037
than the designated amount, the commissioner shall determine what	4038
percentages would cause the district's total taxes charged and	4039
payable for current expenses for that class, after all reductions	4040
that would otherwise be made under this section, to equal the	4041
designated amount. The auditor shall use such percentages in	4042
making the reductions required by this section for that class.	4043

(b) As used in division (E)(3)(a) of this section, the	4044
designated amount shall equal the taxable value of all real	4045
property in the class that is subject to taxation by the district	4046
times the lesser of the following:	4047

(i) Two-tenths of one per cent;

4048

(ii) The district's effective rate plus the following	4049
percentage for the year indicated:	4050

	WHEN COMPUTING THE				4051
	TAXES CHARGED FOR		ADD THE FOLLOWING PERCENTAGE:		4052

1987	0.025%	4053
1988	0.05%	4054
1989	0.075%	4055
1990	0.1%	4056
1991	0.125%	4057
1992	0.15%	4058
1993	0.175%	4059
1994 and thereafter	0.2%	4060

(F) No reduction shall be made under this section in the rate	4061
at which any tax is levied.	4062

(G) The commissioner may order a county auditor to furnish	4063
any information the commissioner needs to make the determinations	4064
required under division (D) or (E) of this section, and the	4065
auditor shall supply the information in the form and by the date	4066
specified in the order. If the auditor fails to comply with an	4067
order issued under this division, except for good cause as	4068
determined by the commissioner, the commissioner shall withhold	4069
from such county or taxing district therein fifty per cent of	4070
state revenues to local governments pursuant to section 5747.50 of	4071
the Revised Code or shall direct the department of education to	4072
withhold therefrom fifty per cent of state revenues to school	4073
districts pursuant to Chapter 3317. of the Revised Code. The	4074
commissioner shall withhold the distribution of such revenues	4075
until the county auditor has complied with this division, and the	4076
department shall withhold the distribution of such revenues until	4077
the commissioner has notified the department that the county	4078
auditor has complied with this division.	4079

(H) If the commissioner is unable to certify a tax reduction	4080
factor for either class of property in a taxing district located	4081
in more than one county by the last day of November because	4082
information required under division (G) of this section is	4083
unavailable, the commissioner may compute and certify an estimated	4084
tax reduction factor for that district for that class. The	4085
estimated factor shall be based upon an estimate of the	4086
unavailable information. Upon receipt of the actual information	4087
for a taxing district that received an estimated tax reduction	4088
factor, the commissioner shall compute the actual tax reduction	4089
factor and use that factor to compute the taxes that should have	4090
been charged and payable against each parcel of property for the	4091
year for which the estimated reduction factor was used. The amount	4092
by which the estimated factor resulted in an overpayment or	4093
underpayment in taxes on any parcel shall be added to or	4094
subtracted from the amount due on that parcel in the ensuing tax	4095
year.	4096

A percentage or a tax reduction factor determined or computed	4097
by the commissioner under this section shall be used solely for	4098
the purpose of reducing the sums to be levied by the tax to which	4099
it applies for the year for which it was determined or computed.	4100
It shall not be used in making any tax computations for any	4101
ensuing tax year.	4102

(I) In making the determinations under division (D)(1) of	4103
this section, the tax commissioner shall take account of changes	4104
in the taxable value of carryover property resulting from	4105
complaints filed under section 5715.19 of the Revised Code for	4106
determinations made for the tax year in which such changes are	4107
reported to the commissioner. Such changes shall be reported to	4108
the commissioner on the first abstract of real property filed with	4109
the commissioner under section 5715.23 of the Revised Code	4110
following the date on which the complaint is finally determined by	4111
the board of revision or by a court or other authority with	4112
jurisdiction on appeal. The tax commissioner shall account for	4113
such changes in making the determinations only for the tax year in	4114
which the change in valuation is reported. Such a valuation change	4115
shall not be used to recompute the percentages determined under	4116
division (D)(1) of this section for any prior tax year.	4117

Sec. 321.261. (A) Five per cent of all delinquent real	4118
property, personal property, and manufactured and mobile home	4119
taxes and assessments collected by the county treasurer shall be	4120
deposited in the delinquent tax and assessment collection fund,	4121
which shall be created in the county treasury. ~~The~~Except as	4122
provided in division (B) of this section, the moneys in the fund,	4123
one-half of which shall be appropriated by the board of county	4124
commissioners to the treasurer and one-half of which shall be	4125
appropriated to the county prosecuting attorney, shall be used	4126
solely in connection with the collection of delinquent real	4127
property, personal property, and manufactured and mobile home	4128
taxes and assessments.	4129

Annually by the first day of December, the treasurer and the	4130
prosecuting attorney each shall submit a report to the board	4131
regarding the use of the moneys appropriated to their respective	4132
offices from the delinquent tax and assessment collection fund.	4133
Each report shall specify the amount appropriated to the office	4134
during the current calendar year, an estimate of the amount so	4135
appropriated that will be expended by the end of the year, a	4136
summary of how the amount appropriated has been expended in	4137
connection with delinquent tax collection activities, and an	4138
estimate of the amount that will be credited to the fund during	4139
the ensuing calendar year.	4140

(B) A board of county commissioners of a county with a	4141
population exceeding four hundred thousand may, by resolution,	4142
authorize the use of up to three million dollars each year in the	4143
county's delinquent tax and assessment collection fund to prevent	4144
residential mortgage foreclosures in the county and to assist	4145
municipal corporations located in the county in the nuisance	4146
abatement of deteriorated residential buildings in foreclosure.	4147
The funds shall be used to provide financial assistance in the	4148
form of loans to borrowers in default on their home mortgages,	4149
including for the payment of late fees, to clear arrearage	4150
balances, and to augment moneys used in the county's foreclosure	4151
prevention program. Upon application by a municipal corporation	4152
located in the county, the funds also shall be used to pay the	4153
cost of securing deteriorated residential buildings in	4154
foreclosure, including paying the costs of securing such	4155
buildings, lot maintenance, and demolition.	4156

Sec. 340.02. As used in this section, "mental health	4157
professional" means a person who is qualified to work with	4158
mentally ill persons, pursuant to standards established by the	4159
director of mental health under section 5119.611 of the Revised	4160
Code.	4161

For each alcohol, drug addiction, and mental health service	4162
district, there shall be appointed a board of alcohol, drug	4163
addiction, and mental health services of eighteen members. ~~Members~~	4164
~~shall be residents of the district and~~Nine members shall be	4165
interested in mental health programs and facilities orand nine	4166
other members shall be interested in alcohol or drug addiction	4167
programs. All members shall be residents of the service district.	4168
The membership shall, as nearly as possible, reflect the	4169
composition of the population of the service district as to race	4170
and sex.	4171

The director of mental health shall appoint four members of	4172
the board, the director of alcohol and drug addiction services	4173
shall appoint four members, and the board of county commissioners	4174
shall appoint ten members. In a joint-county district, the county	4175
commissioners of each participating county shall appoint members	4176
in as nearly as possible the same proportion as that county's	4177
population bears to the total population of the district, except	4178
that at least one member shall be appointed from each	4179
participating county.	4180

The director of mental health shall ensure that at least one	4181
member of the board is a psychiatrist and one member of the board	4182
is a mental health professional. If the appointment of a	4183
psychiatrist is not possible, as determined under rules adopted by	4184
the director, a licensed physician may be appointed in place of	4185
the psychiatrist. If the appointment of a licensed physician is	4186
not possible, the director of mental health may waive the	4187
requirement that the psychiatrist or licensed physician be a	4188
resident of the service district and appoint a psychiatrist or	4189
licensed physician from a contiguous county. ~~The membership of the~~	4190
~~board shall, as nearly as possible, reflect the composition of the~~	4191
~~population of the service district as to race and sex.~~ The	4192
director of mental health shall ensure that at least one member of	4193
the board is a person who has received or is receiving mental	4194
health services paid for by public funds and at least one member	4195
is a parent or other relative of such a person.	4196

The director of alcohol and drug addiction services shall	4197
ensure that at least one member of the board is a professional in	4198
the field of alcohol or drug addiction services and one member of	4199
the board is an advocate for persons receiving treatment for	4200
alcohol or drug addiction. Of the members appointed by the	4201
director of alcohol and drug addiction services, at least one	4202
shall be a person who has received or is receiving services for	4203
alcohol or drug addiction, and at least one shall be a parent or	4204
other relative of such a person.	4205

No member or employee of a board of alcohol, drug addiction,	4206
and mental health services shall serve as a member of the board of	4207
any agency with which the board of alcohol, drug addiction, and	4208
mental health services has entered into a contract for the	4209
provision of services or facilities. No member of a board of	4210
alcohol, drug addiction, and mental health services shall be an	4211
employee of any agency with which the board has entered into a	4212
contract for the provision of services or facilities. No person	4213
shall be an employee of a board and such an agency unless the	4214
board and agency both agree in writing.	4215

No person shall serve as a member of the board of alcohol,	4216
drug addiction, and mental health services whose spouse, child,	4217
parent, brother, sister, grandchild, stepparent, stepchild,	4218
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	4219
daughter-in-law, brother-in-law, or sister-in-law serves as a	4220
member of the board of any agency with which the board of alcohol,	4221
drug addiction, and mental health services has entered into a	4222
contract for the provision of services or facilities. No person	4223
shall serve as a member or employee of the board whose spouse,	4224
child, parent, brother, sister, stepparent, stepchild,	4225
stepbrother, stepsister, father-in-law, mother-in-law, son-in-law,	4226
daughter-in-law, brother-in-law, or sister-in-law serves as a	4227
county commissioner of a county or counties in the alcohol, drug	4228
addiction, and mental health service district.	4229

Each year each board member shall attend at least one	4230
inservice training session provided or approved by the department	4231
of mental health or the department of alcohol and drug addiction	4232
services. Such training sessions shall not be considered to be	4233
regularly scheduled meetings of the board.	4234

Each member shall be appointed for a term of four years,	4235
commencing the first day of July, except that one-third of initial	4236
appointments to a newly established board, and to the extent	4237
possible to expanded boards, shall be for terms of two years,	4238
one-third of initial appointments shall be for terms of three	4239
years, and one-third of initial appointments shall be for terms of	4240
four years. No member shall serve more than two consecutive	4241
four-year terms. A member may serve for three consecutive terms	4242
only if one of the terms is for less than two years. A member who	4243
has served two consecutive four-year terms or three consecutive	4244
terms totaling less than ten years is eligible for reappointment	4245
one year following the end of the second or third term,	4246
respectively.	4247

When a vacancy occurs, appointment for the expired or	4248
unexpired term shall be made in the same manner as an original	4249
appointment. The appointing authority shall be notified by	4250
certified mail of any vacancy and shall fill the vacancy within	4251
sixty days following that notice.	4252

Any member of the board may be removed from office by the	4253
appointing authority for neglect of duty, misconduct, or	4254
malfeasance in office, and shall be removed by the appointing	4255
authority if the member's spouse, child, parent, brother, sister,	4256
stepparent, stepchild, stepbrother, stepsister, father-in-law,	4257
mother-in-law, son-in-law, daughter-in-law, brother-in-law, or	4258
sister-in-law serves as a county commissioner of a county or	4259
counties in the service district or serves as a member or employee	4260
of the board of an agency with which the board of alcohol, drug	4261
addiction, and mental health services has entered a contract for	4262
the provision of services or facilities. The member shall be	4263
informed in writing of the charges and afforded an opportunity for	4264
a hearing. Upon the absence of a member within one year from	4265
either four board meetings or from two board meetings without	4266
prior notice, the board shall notify the appointing authority,	4267
which may vacate the appointment and appoint another person to	4268
complete the member's term.	4269

Members of the board shall serve without compensation, but	4270
shall be reimbursed for actual and necessary expenses incurred in	4271
the performance of their official duties, as defined by rules of	4272
the departments of mental health and alcohol and drug addiction	4273
services.	4274

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	4275
health service district comprised of a county with a population of	4276
two hundred fifty thousand or more on October 10, 1989, the board	4277
of county commissioners shall, within thirty days of October 10,	4278
1989, establish an alcohol and drug addiction services board as	4279
the entity responsible for providing alcohol and drug addiction	4280
services in the county, unless, prior to that date, the board	4281
adopts a resolution providing that the entity responsible for	4282
providing the services is a board of alcohol, drug addiction, and	4283
mental health services. If the board of county commissioners	4284
establishes an alcohol and drug addiction services board, the	4285
community mental health board established under former section	4286
340.02 of the Revised Code shall serve as the entity responsible	4287
for providing mental health services in the county. A community	4288
mental health board has all the powers, duties, and obligations of	4289
a board of alcohol, drug addiction, and mental health services	4290
with regard to mental health services. An alcohol and drug	4291
addiction services board has all the powers, duties, and	4292
obligations of a board of alcohol, drug addiction, and mental	4293
health services with regard to alcohol and drug addiction	4294
services. Any provision of the Revised Code that refers to a board	4295
of alcohol, drug addiction, and mental health services with regard	4296
to mental health services also refers to a community mental health	4297
board and any provision that refers to a board of alcohol, drug	4298
addiction, and mental health services with regard to alcohol and	4299
drug addiction services also refers to an alcohol and drug	4300
addiction services board.	4301

An alcohol and drug addiction services board shall consist of	4302
eighteen members, six of whom shall be appointed by the director	4303
of alcohol and drug addiction services and twelve of whom shall be	4304
appointed by the board of county commissioners. Of the members	4305
appointed by the director, one shall be a person who has received	4306
or is receiving services for alcohol or drug addiction, one shall	4307
be a parent or relative of such a person, one shall be a	4308
professional in the field of alcohol or drug addiction services,	4309
and one shall be an advocate for persons receiving treatment for	4310
alcohol or drug addiction. The membership of the board shall, as	4311
nearly as possible, reflect the composition of the population of	4312
the service district as to race and sex. Members shall be	4313
residents of the service district and shall be interested in	4314
alcohol and drug addiction services. Requirements for membership,	4315
including prohibitions against certain family and business	4316
relationships, and terms of office shall be the same as those for	4317
members of boards of alcohol, drug addiction, and mental health	4318
services.	4319

A community mental health board shall consist of eighteen	4320
members, six of whom shall be appointed by the director of mental	4321
health and twelve of whom shall be appointed by the board of	4322
county commissioners. Of the members appointed by the director,	4323
one shall be a person who has received or is receiving mental	4324
health services, one shall be a parent or relative of such a	4325
person, one shall be a psychiatrist or a physician, and one shall	4326
be a mental health professional. The membership of the board as	4327
nearly as possible shall reflect the composition of the population	4328
of the service district as to race and sex. Members shall be	4329
residents of the service district and shall be interested in	4330
mental health services. Requirements for membership, including	4331
prohibitions against certain family and business relationships,	4332
and terms of office shall be the same as those for members of	4333
boards of alcohol, drug addiction, and mental health services.	4334

(B) If a board of county commissioners subject to division	4335
(A) of this section did not adopt a resolution providing for a	4336
board of alcohol, drug addiction, and mental health services, the	4337
board of county commissioners may establish such a board in	4338
accordance with the following procedures:	4339

(1) Not later than January 1, 2007, the board of county	4340
commissioners shall adopt a resolution expressing its intent to	4341
establish a board of alcohol, drug addiction, and mental health	4342
services.	4343

(2) After adopting a resolution under division (B)(1) of this	4344
section, the board of county commissioners shall instruct the	4345
county's community mental health board and alcohol and drug	4346
addiction services board to prepare a report on the feasibility,	4347
process, and proposed plan to establish a board of alcohol, drug	4348
addiction, and mental health services. The board of county	4349
commissioners shall specify the date by which the report must be	4350
submitted to the board for its review.	4351

(3) After reviewing the report prepared under division (B)(2)	4352
of this section, the board may adopt a final resolution	4353
establishing a board of alcohol, drug addiction, and mental health	4354
services. A final resolution establishing such a board shall be	4355
adopted not later than July 1, 2007.	4356

(C)(1) If a board of county commissioners subject to division	4357
(A) of this section did not adopt a resolution providing for a	4358
board of alcohol, drug addiction, and mental health services and	4359
did not establish such a board under division (B) of this section,	4360
the board of county commissioners may establish a board of	4361
alcohol, drug addiction, and mental health services on or after	4362
the effective date of this amendment. To establish the board, the	4363
board of county commissioners shall adopt a resolution providing	4364
for the board's establishment. The composition of the board, the	4365
procedures for appointing members, and all other matters related	4366
to the board and its members are subject to section 340.02 of	4367
the Revised Code, with the following exceptions:	4368

(a) For initial appointments to the board, the county's	4369
community mental health board and alcohol and drug addiction	4370
services board shall jointly recommend members of those boards for	4371
reappointment and shall submit the recommendations to the board of	4372
county commissioners, director of mental health, and director of	4373
alcohol and drug addiction services.	4374

(b) To the greatest extent possible, the appointing	4375
authorities shall appoint the initial members from among the	4376
members jointly recommended under division (C)(1)(a) of this	4377
section.	4378

(2) If a board of alcohol, drug addiction, and mental health	4379
services is established pursuant to division (C)(1) of this	4380
section, the board has the same rights, privileges, immunities,	4381
powers, and duties that were possessed by the county's community	4382
mental health board and alcohol and drug addiction services	4383
board. When the board is established, all property and	4384
obligations of the community mental health board and alcohol and	4385
drug addiction services board shall be transferred to the board	4386
of alcohol, drug addiction, and mental health services.	4387

Sec. 351.26. (A) The board of directors of a convention	4388
facilities authority may adopt a resolution requesting the board	4389
of county commissioners of the county in which the convention	4390
facilities authority has its territory to propose the question of	4391
a tax to be levied pursuant to this section and section 4301.424	4392
or sections 5743.026 and 5743.324 of the Revised Code for the	4393
purpose of construction or renovation of a sports facility. The	4394
board of directors shall certify a copy of the resolution to the	4395
board of county commissioners not later than ninety days prior to	4396
the day of the election at which the board of directors requests	4397
the board of county commissioners to submit the question of the	4398
tax. The resolution shall state the rate at which the tax would be	4399
levied, the purpose for which the tax would be levied, the number	4400
of years the tax would be levied, the section of the Revised Code	4401
under which the tax would be levied, and the date of the election	4402
at which the board of directors requests the board of county	4403
commissioners to submit the question of the tax, all of which are	4404
subject to the limitations of this section and section 4301.424 or	4405
sections 5743.026 and 5743.324 of the Revised Code.	4406

Upon receiving a copy of such a resolution from the board of	4407
directors, the board of county commissioners shall adopt a	4408
resolution either approving or rejecting the proposal, and certify	4409
a copy of its resolution to the board of directors. If the board	4410
of county commissioners approves the proposal, the board of county	4411
commissioners shall propose the question of levying a tax pursuant	4412
to section 4301.424 of the Revised Code or pursuant to sections	4413
5743.026 and 5743.324 of the Revised Code, as specified in the	4414
board of directors' resolution, for the purpose of construction or	4415
renovation of a sports facility.	4416

(B) The form of the ballot in an election held on the	4417
question of levying a tax proposed pursuant to section 4301.424 or	4418
5743.026 of the Revised Code shall be as follows or in any other	4419
form acceptable to the secretary of state:	4420

"For the purpose of paying the costs of ..........	4421
(constructing or renovating) a sports facility, shall (an) excise	4422
tax(es) be levied by the .......... county for the convention	4423
facilities authority of .......... county at the rate of ......	4424
(dollars on each gallon of spirituous liquor sold in the county by	4425
the Ohio division of liquor control, cents per gallon on the sale	4426
of beer at wholesale in the county, cents per gallon on the sale	4427
of wine and mixed beverages at wholesale in the county, or mills	4428
per cigarette on the sale of cigarettes at wholesale in the	4429
county), for ...... years?	4430

4431

		Yes			4432
		No	"		4433

4434

For an election in which questions under section 4301.424 or	4435
5743.026 of the Revised Code are joined as a single question, the	4436
form of the ballot shall be as above, except each of the proposed	4437
taxes shall be listed.	4438

(C) No tax shall be levied under this section on or after the	4439
effective date of the amendment of this section by the capital	4440
appropriations act of the 127th general assembly. This division	4441
does not prevent the collection of any tax levied under this	4442
section before that date so long as that tax remains effective.	4443

Sec. 519.12. (A)(1) Amendments to the zoning resolution may	4444
be initiated by motion of the township zoning commission, by the	4445
passage of a resolution by the board of township trustees, or by	4446
the filing of an application by one or more of the owners or	4447
lessees of property within the area proposed to be changed or	4448
affected by the proposed amendment with the township zoning	4449
commission. The board of township trustees may require that the	4450
owner or lessee of property filing an application to amend the	4451
zoning resolution pay a fee to defray the cost of advertising,	4452
mailing, filing with the county recorder, and other expenses. If	4453
the board of township trustees requires such a fee, it shall be	4454
required generally, for each application. The board of township	4455
trustees, upon the passage of such a resolution, shall certify it	4456
to the township zoning commission.	4457

(2) Upon the adoption of a motion by the township zoning	4458
commission, the certification of a resolution by the board of	4459
township trustees to the commission, or the filing of an	4460
application by property owners or lessees as described in division	4461
(A)(1) of this section with the commission, the commission shall	4462
set a date for a public hearing, which date shall not be less than	4463
twenty nor more than forty days from the date of the certification	4464
of such a resolution, the date of adoption of such a motion, or	4465
the date of the filing of such an application. Notice of the	4466
hearing shall be given by the commission by one publication in one	4467
or more newspapers of general circulation in the township at least	4468
ten days before the date of the hearing.	4469

(B) If the proposed amendment intends to rezone or redistrict	4470
ten or fewer parcels of land, as listed on the county auditor's	4471
current tax list, written notice of the hearing shall be mailed by	4472
the township zoning commission, by first class mail, at least ten	4473
days before the date of the public hearing to all owners of	4474
property within and contiguous to and directly across the street	4475
from the area proposed to be rezoned or redistricted to the	4476
addresses of those owners appearing on the county auditor's	4477
current tax list. The failure of delivery of that notice shall not	4478
invalidate any such amendment.	4479

(C) If the proposed amendment intends to rezone or redistrict	4480
ten or fewer parcels of land as listed on the county auditor's	4481
current tax list, the published and mailed notices shall set forth	4482
the time, date, and place of the public hearing and include all of	4483
the following:	4484

(1) The name of the township zoning commission that will be	4485
conducting the hearing;	4486

(2) A statement indicating that the motion, resolution, or	4487
application is an amendment to the zoning resolution;	4488

(3) A list of the addresses of all properties to be rezoned	4489
or redistricted by the proposed amendment and of the names of	4490
owners of those properties, as they appear on the county auditor's	4491
current tax list;	4492

(4) The present zoning classification of property named in	4493
the proposed amendment and the proposed zoning classification of	4494
that property;	4495

(5) The time and place where the motion, resolution, or	4496
application proposing to amend the zoning resolution will be	4497
available for examination for a period of at least ten days prior	4498
to the hearing;	4499

(6) The name of the person responsible for giving notice of	4500
the hearing by publication, by mail, or by both publication and	4501
mail;	4502

(7) A statement that, after the conclusion of the hearing,	4503
the matter will be submitted to the board of township trustees for	4504
its action;	4505

(8) Any other information requested by the commission.

4506

(D) If the proposed amendment alters the text of the zoning	4507
resolution, or rezones or redistricts more than ten parcels of	4508
land as listed on the county auditor's current tax list, the	4509
published notice shall set forth the time, date, and place of the	4510
public hearing and include all of the following:	4511

(1) The name of the township zoning commission that will be	4512
conducting the hearing on the proposed amendment;	4513

(2) A statement indicating that the motion, application, or	4514
resolution is an amendment to the zoning resolution;	4515

(3) The time and place where the text and maps of the	4516
proposed amendment will be available for examination for a period	4517
of at least ten days prior to the hearing;	4518

(4) The name of the person responsible for giving notice of	4519
the hearing by publication;	4520

(5) A statement that, after the conclusion of the hearing,	4521
the matter will be submitted to the board of township trustees for	4522
its action;	4523

(6) Any other information requested by the commission.

4524

(E) Within five days after the adoption of the motion	4525
described in division (A) of this section, the certification of	4526
the resolution described in division (A) of this section, or the	4527
filing of the application described in division (A) of this	4528
section, the township zoning commission shall transmit a copy of	4529
it together with text and map pertaining to it to the county or	4530
regional planning commission, if there is such a commission.	4531

The county or regional planning commission shall recommend	4532
the approval or denial of the proposed amendment or the approval	4533
of some modification of it and shall submit its recommendation to	4534
the township zoning commission. The recommendation shall be	4535
considered at the public hearing held by the township zoning	4536
commission on the proposed amendment.	4537

The township zoning commission, within thirty days after the	4538
hearing, shall recommend the approval or denial of the proposed	4539
amendment, or the approval of some modification of it, and submit	4540
that recommendation together with the motion, application, or	4541
resolution involved, the text and map pertaining to the proposed	4542
amendment, and the recommendation of the county or regional	4543
planning commission on it to the board of township trustees.	4544

The board of township trustees, upon receipt of that	4545
recommendation, shall set a time for a public hearing on the	4546
proposed amendment, which date shall not be more than thirty days	4547
from the date of the receipt of that recommendation. Notice of the	4548
hearing shall be given by the board by one publication in one or	4549
more newspapers of general circulation in the township, at least	4550
ten days before the date of the hearing.	4551

(F) If the proposed amendment intends to rezone or redistrict	4552
ten or fewer parcels of land as listed on the county auditor's	4553
current tax list, the published notice shall set forth the time,	4554
date, and place of the public hearing and include all of the	4555
following:	4556

(1) The name of the board of township trustees that will be	4557
conducting the hearing;	4558

(2) A statement indicating that the motion, application, or	4559
resolution is an amendment to the zoning resolution;	4560

(3) A list of the addresses of all properties to be rezoned	4561
or redistricted by the proposed amendment and of the names of	4562
owners of those properties, as they appear on the county auditor's	4563
current tax list;	4564

(4) The present zoning classification of property named in	4565
the proposed amendment and the proposed zoning classification of	4566
that property;	4567

(5) The time and place where the motion, application, or	4568
resolution proposing to amend the zoning resolution will be	4569
available for examination for a period of at least ten days prior	4570
to the hearing;	4571

(6) The name of the person responsible for giving notice of	4572
the hearing by publication, by mail, or by both publication and	4573
mail;	4574

(7) Any other information requested by the board.

4575

(G) If the proposed amendment alters the text of the zoning	4576
resolution, or rezones or redistricts more than ten parcels of	4577
land as listed on the county auditor's current tax list, the	4578
published notice shall set forth the time, date, and place of the	4579
public hearing and include all of the following:	4580

(1) The name of the board of township trustees that will be	4581
conducting the hearing on the proposed amendment;	4582

(2) A statement indicating that the motion, application, or	4583
resolution is an amendment to the zoning resolution;	4584

(3) The time and place where the text and maps of the	4585
proposed amendment will be available for examination for a period	4586
of at least ten days prior to the hearing;	4587

(4) The name of the person responsible for giving notice of	4588
the hearing by publication;	4589

(5) Any other information requested by the board.

4590

(H) Within twenty days after its public hearing, the board of	4591
township trustees shall either adopt or deny the recommendations	4592
of the township zoning commission or adopt some modification of	4593
them. If the board denies or modifies the commission's	4594
recommendations, ~~the unanimous~~a majority vote of the board shall	4595
be required.	4596

The proposed amendment, if adopted by the board, shall become	4597
effective in thirty days after the date of its adoption, unless,	4598
within thirty days after the adoption, there is presented to the	4599
board of township trustees a petition, signed by a number of	4600
registered electors residing in the unincorporated area of the	4601
township or part of that unincorporated area included in the	4602
zoning plan equal to not less than eight per cent of the total	4603
vote cast for all candidates for governor in that area at the most	4604
recent general election at which a governor was elected,	4605
requesting the board of township trustees to submit the amendment	4606
to the electors of that area for approval or rejection at a	4607
special election to be held on the day of the next primary or	4608
general election that occurs at least seventy-five days after the	4609
petition is filed. Each part of this petition shall contain the	4610
number and the full and correct title, if any, of the zoning	4611
amendment resolution, motion, or application, furnishing the name	4612
by which the amendment is known and a brief summary of its	4613
contents. In addition to meeting the requirements of this section,	4614
each petition shall be governed by the rules specified in section	4615
3501.38 of the Revised Code.	4616

The form of a petition calling for a zoning referendum and	4617
the statement of the circulator shall be substantially as follows:	4618

"PETITION FOR ZONING REFERENDUM	4619

(if the proposal is identified by a particular name or number, or	4620
both, these should be inserted here) .......................	4621

A proposal to amend the zoning map of the unincorporated area	4622
of ............. Township, ................. County, Ohio, adopted	4623
.....(date)..... (followed by brief summary of the proposal).	4624

To the Board of Township Trustees of .....................	4625
Township, ................. County, Ohio:	4626

~~...................... County, Ohio:~~	4627

We, the undersigned, being electors residing in the	4628
unincorporated area of ....................... Township, included	4629
within the ............. Township Zoning Plan, equal to not less	4630
than eight per cent of the total vote cast for all candidates for	4631
governor in the area at the preceding general election at which a	4632
governor was elected, request the Board of Township Trustees to	4633
submit this amendment of the zoning resolution to the electors of	4634
........................ Township residing within the	4635
unincorporated area of the township included in the	4636
.................. Township Zoning Resolution, for approval or	4637
rejection at a special election to be held on the day of the	4638
primary or general election to be held on .....(date).....,	4639
pursuant to section 519.12 of the Revised Code.	4640

	Street Address				Date of		4641
Signature	or R.F.D.	Township	Precinct	County	Signing		4642

..............................................................	4643

..............................................................	4644

STATEMENT OF CIRCULATOR	4645

I, .............(name of circulator).........., declare under	4646
penalty of election falsification that I am an elector of the	4647
state of Ohio and reside at the address appearing below my	4648
signature; that I am the circulator of the foregoing part petition	4649
containing .......(number)....... signatures; that I have	4650
witnessed the affixing of every signature; that all signers were	4651
to the best of my knowledge and belief qualified to sign; and that	4652
every signature is to the best of my knowledge and belief the	4653
signature of the person whose signature it purports to be or of an	4654
attorney in fact acting pursuant to section 3501.382 of the	4655
Revised Code.	4656

	................................		4657
	(Signature of circulator)		4658
	................................		4659
	(Address of circulator's permanent		4660
	residence in this state)		4661
	................................		4662
	(City, village, or township,		4663
	and zip code)		4664

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	4665
OF THE FIFTH DEGREE."	4666

The petition shall be filed with the board of township	4667
trustees and shall be accompanied by an appropriate map of the	4668
area affected by the zoning proposal. Within two weeks after	4669
receiving a petition filed under this section, the board of	4670
township trustees shall certify the petition to the board of	4671
elections. A petition filed under this section shall be certified	4672
to the board of elections not less than seventy-five days prior to	4673
the election at which the question is to be voted upon.	4674

The board of elections shall determine the sufficiency and	4675
validity of each petition certified to it by a board of township	4676
trustees under this section. If the board of elections determines	4677
that a petition is sufficient and valid, the question shall be	4678
voted upon at a special election to be held on the day of the next	4679
primary or general election that occurs at least seventy-five days	4680
after the date the petition is filed with the board of township	4681
trustees, regardless of whether any election will be held to	4682
nominate or elect candidates on that day.	4683

No amendment for which such a referendum vote has been	4684
requested shall be put into effect unless a majority of the vote	4685
cast on the issue is in favor of the amendment. Upon certification	4686
by the board of elections that the amendment has been approved by	4687
the voters, it shall take immediate effect.	4688

Within five working days after an amendment's effective date,	4689
the board of township trustees shall file the text and maps of the	4690
amendment in the office of the county recorder and with the county	4691
or regional planning commission, if one exists.	4692

The failure to file any amendment, or any text and maps, or	4693
duplicates of any of these documents, with the office of the	4694
county recorder or the county or regional planning commission as	4695
required by this section does not invalidate the amendment and is	4696
not grounds for an appeal of any decision of the board of zoning	4697
appeals.	4698

Sec. 519.211. (A) Except as otherwise provided in division	4699
(B) or (C) of this section, sections 519.02 to 519.25 of the	4700
Revised Code confer no power on any board of township trustees or	4701
board of zoning appeals in respect to the location, erection,	4702
construction, reconstruction, change, alteration, maintenance,	4703
removal, use, or enlargement of any buildings or structures of any	4704
public utility or railroad, whether publicly or privately owned,	4705
or the use of land by any public utility or railroad, for the	4706
operation of its business. As used in this division, "public	4707
utility" does not include a person that owns or operates a solid	4708
waste facility or a solid waste transfer facility, other than a	4709
publicly owned solid waste facility or a publicly owned solid	4710
waste transfer facility, that has been issued a permit under	4711
Chapter 3734. of the Revised Code or a construction and	4712
demolition debris facility that has been issued a permit under	4713
Chapter 3714. of the Revised Code.	4714

(B)(1) As used in this division, "telecommunications tower"	4715
means any free-standing structure, or any structure to be attached	4716
to a building or other structure, that meets all of the following	4717
criteria:	4718

(a) The free-standing or attached structure is proposed to be	4719
constructed on or after October 31, 1996.	4720

(b) The free-standing or attached structure is proposed to be	4721
owned or principally used by a public utility engaged in the	4722
provision of telecommunications services.	4723

(c) The free-standing or attached structure is proposed to be	4724
located in an unincorporated area of a township, in an area zoned	4725
for residential use.	4726

(d)(i) The free-standing structure is proposed to top at a	4727
height that is greater than either the maximum allowable height of	4728
residential structures within the zoned area as set forth in the	4729
applicable zoning regulations, or the maximum allowable height of	4730
such a free-standing structure as set forth in any applicable	4731
zoning regulations in effect immediately prior to October 31,	4732
1996, or as those regulations subsequently are amended.	4733

(ii) The attached structure is proposed to top at a height	4734
that is greater than either the height of the building or other	4735
structure to which it is to be attached, or the maximum allowable	4736
height of such an attached structure as set forth in any	4737
applicable zoning regulations in effect immediately prior to	4738
October 31, 1996, or as those regulations subsequently are	4739
amended.	4740

(e) The free-standing or attached structure is proposed to	4741
have attached to it radio frequency transmission or reception	4742
equipment.	4743

(2) Sections 519.02 to 519.25 of the Revised Code confer	4744
power on a board of township trustees or board of zoning appeals	4745
with respect to the location, erection, construction,	4746
reconstruction, change, alteration, removal, or enlargement of a	4747
telecommunications tower, but not with respect to the maintenance	4748
or use of such a tower or any change or alteration that would not	4749
substantially increase the tower's height. However, the power so	4750
conferred shall apply to a particular telecommunications tower	4751
only upon the provision of a notice, in accordance with division	4752
(B)(4)(a) of this section, to the person proposing to construct	4753
the tower.	4754

(3) Any person who plans to construct a telecommunications	4755
tower in an area subject to township zoning regulations shall	4756
provide both of the following by certified mail:	4757

(a) Written notice to each owner of property, as shown on the	4758
county auditor's current tax list, whose land is contiguous to or	4759
directly across a street or roadway from the property on which the	4760
tower is proposed to be constructed, stating all of the following	4761
in clear and concise language:	4762

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

4763

(ii) A description of the property sufficient to identify the	4764
proposed location;	4765

(iii) That, no later than fifteen days after the date of	4766
mailing of the notice, any such property owner may give written	4767
notice to the board of township trustees requesting that sections	4768
519.02 to 519.25 of the Revised Code apply to the proposed	4769
location of the tower as provided under division (B)(4)(a) of this	4770
section.	4771

If the notice to a property owner is returned unclaimed or	4772
refused, the person shall mail the notice by regular mail. The	4773
failure of delivery of the notice does not invalidate the notice.	4774

(b) Written notice to the board of township trustees of the	4775
information specified in divisions (B)(3)(a)(i) and (ii) of this	4776
section. The notice to the board also shall include verification	4777
that the person has complied with division (B)(3)(a) of this	4778
section.	4779

(4)(a) If the board of township trustees receives notice from	4780
a property owner under division (B)(3)(a)(iii) of this section	4781
within the time specified in that division or if a board member	4782
makes an objection to the proposed location of the	4783
telecommunications tower within fifteen days after the date of	4784
mailing of the notice sent under division (B)(3)(b) of this	4785
section, the board shall request that the fiscal officer of the	4786
township send the person proposing to construct the tower written	4787
notice that the tower is subject to the power conferred by and in	4788
accordance with division (B)(2) of this section. The notice shall	4789
be sent no later than five days after the earlier of the date the	4790
board first receives such a notice from a property owner or the	4791
date upon which a board member makes an objection. Upon the date	4792
of mailing of the notice to the person, sections 519.02 to 519.25	4793
of the Revised Code shall apply to the tower.	4794

(b) If the board of township trustees receives no notice	4795
under division (B)(3)(a)(iii) of this section within the time	4796
prescribed by that division or no board member has an objection as	4797
provided under division (B)(4)(a) of this section within the time	4798
prescribed by that division, division (A) of this section shall	4799
apply to the tower without exception.	4800

(C) Sections 519.02 to 519.25 of the Revised Code confer	4801
power on a board of township trustees or board of zoning appeals	4802
with respect to the location, erection, construction,	4803
reconstruction, change, alteration, maintenance, removal, use, or	4804
enlargement of any buildings or structures of a public utility	4805
engaged in the business of transporting persons or property, or	4806
both, or providing or furnishing such transportation service, over	4807
any public street, road, or highway in this state, and with	4808
respect to the use of land by any such public utility for the	4809
operation of its business, to the extent that any exercise of such	4810
power is reasonable and not inconsistent with Chapters 4901.,	4811
4903., 4905., 4909., 4921., and 4923. of the Revised Code.	4812
However, this division confers no power on a board of township	4813
trustees or board of zoning appeals with respect to a building or	4814
structure of, or the use of land by, a person engaged in the	4815
transportation of farm supplies to the farm or farm products from	4816
farm to market or to food fabricating plants.	4817

(D) Sections 519.02 to 519.25 of the Revised Code confer no	4818
power on any township zoning commission, board of township	4819
trustees, or board of zoning appeals to prohibit the sale or use	4820
of alcoholic beverages in areas where the establishment and	4821
operation of any retail business, hotel, lunchroom, or restaurant	4822
is permitted.	4823

(E)(1) Any person who plans to construct a telecommunications	4824
tower within one hundred feet of a residential dwelling shall	4825
provide a written notice to the owner of the residential dwelling	4826
and to the person occupying the residence, if that person is not	4827
the owner of the residence stating in clear and concise language	4828
the person's intent to construct the tower and a description of	4829
the property sufficient to identify the proposed location. The	4830
notice shall be sent by certified mail. If the notice is returned	4831
unclaimed or refused, the person shall mail the notice by regular	4832
mail. The failure of delivery does not invalidate the notice.	4833

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

4834

(a) "Residential dwelling" means a building used or intended	4835
to be used as a personal residence by the owner, part-time owner,	4836
or lessee of the building, or any person authorized by such a	4837
person to use the building as a personal residence.	4838

(b) "Telecommunications tower" has the same meaning as in	4839
division (B)(1) of this section, except that the proposed location	4840
of the free-standing or attached structure may be an area other	4841
than an unincorporated area of a township, in an area zoned for	4842
residential use.	4843

Sec. 519.213. (A) As used in this section, "small wind farm"	4844
means wind turbines and associated facilities with a single	4845
interconnection to the electrical grid and designed for, or	4846
capable of, operation at an aggregate capacity of less than five	4847
megawatts.	4848

(B) Notwithstanding division (A) of section 519.211 of the	4849
Revised Code, sections 519.02 to 519.25 of the Revised Code confer	4850
power on a board of township trustees or board of zoning appeals	4851
with respect to the location, erection, construction,	4852
reconstruction, change, alteration, maintenance, removal, use, or	4853
enlargement of any small wind farm, whether publicly or privately	4854
owned, or the use of land for that purpose, which regulations may	4855
be more strict than the regulations prescribed in rules adopted	4856
under division (B)(2) of section 4906.20 of the Revised Code.	4857

(C) The designation under this section of a small wind farm	4858
as a public utility for purposes of sections 519.02 to 519.25 of	4859
the Revised Code shall not affect the classification of a small	4860
wind farm or any other public utility for purposes of state or	4861
local taxation.	4862

(D) Nothing in division (C) of this section shall be	4863
construed as affecting the classification of a telecommunications	4864
tower as defined in division (B) or (E) of section 519.211 of the	4865
Revised Code or any other public utility for purposes of state and	4866
local taxation.	4867

Sec. 713.081. (A) As used in this section, "small wind farm"	4868
means wind turbines and associated facilities with a single	4869
interconnection to the electrical grid and designed for, or	4870
capable of, operation at an aggregate capacity of less than five	4871
megawatts.	4872

(B) Sections 713.06 to 713.15 of the Revised Code confer	4873
power on the legislative authority of a municipal corporation with	4874
respect to the location, erection, construction, reconstruction,	4875
change, alteration, maintenance, removal, use, or enlargement of	4876
any small wind farm as a public utility, whether publicly or	4877
privately owned, or the use of land for that purpose, which	4878
regulations may be more strict than the regulations prescribed in	4879
rules adopted under division (B)(2) of section 4906.20 of the	4880
Revised Code.	4881

(C) The designation under this section of a small wind farm	4882
as a public utility for purposes of sections 713.06 to 713.15 of	4883
the Revised Code shall not affect the classification of a small	4884
wind farm or any other public utility for purposes of state or	4885
local taxation.	4886

Sec. 715.73. The area or areas to be included in a joint	4887
economic development district shall meet all of the following	4888
criteria:	4889

(A) The area or areas shall be located within the territory	4890
of one or more of the contracting parties and may consist of all	4891
of that territory.	4892

(B) No electors shall reside within the area or areas ~~and no~~	4893
~~part of the area or areas shall be zoned for residential use~~on	4894
the effective date of the contract creating the joint economic	4895
development district, as determined under section 715.77 of the	4896
Revised Code.	4897

(C) The area or areas shall not include any parcel of land	4898
owned in fee by or leased to a municipal corporation or township,	4899
unless the municipal corporation or township is a contracting	4900
party or has given its consent to have the parcel of land included	4901
in the district by the adoption of an ordinance or resolution.	4902

Sec. 715.74. (A) The contract creating a joint economic	4903
development district shall provide for the amount or nature of the	4904
contribution of each contracting party to the development and	4905
operation of the district and may provide for the sharing of the	4906
costs of the operation of and improvements for the district. The	4907
contributions may be in any form to which the contracting parties	4908
agree and may include, but are not limited to, the provision of	4909
services, money, real or personal property, facilities, or	4910
equipment. The contract may provide for the contracting parties to	4911
share revenue from taxes levied on property by one or more of the	4912
contracting parties, if those revenues may lawfully be applied to	4913
that purpose under the legislation by which those taxes are	4914
levied. The contract shall specify and provide for new, expanded,	4915
or additional services, facilities, or improvements. The contract	4916
may provide for expanded or additional capacity for or other	4917
enhancement of existing services, facilities, or improvements.	4918

(B) The contract shall enumerate the specific powers, duties,	4919
and functions of the board of directors of the district described	4920
under section 715.78 of the Revised Code and shall provide for the	4921
determination of procedures that are to govern the board.	4922

(C)(1) The contract may grant to the board the power to adopt	4923
a resolution to levy an income tax within the district and the	4924
contract may ~~desginate~~designate certain portions of the district	4925
where such an income tax may be levied. The income tax shall be	4926
used for the purposes of the district or any portion of the	4927
district in which the contract authorizes an income tax and for	4928
the purposes of the contracting parties pursuant to the contract.	4929
The income tax may be levied in the district based on income	4930
earned by persons working within the district and based on the net	4931
profits of businesses located in the district, but the income of	4932
an individual who resides in the district shall not be subject to	4933
such income tax unless the income is received for personal	4934
services performed in the district. The income tax of the district	4935
shall follow the provisions of Chapter 718. of the Revised Code,	4936
except that no vote shall be required. The rate of the income tax	4937
shall be no higher than the highest rate being levied by a	4938
municipal corporation that is a contracting party.	4939

(2) If the board adopts a resolution to levy an income tax,	4940
it shall enter into an agreement with a municipal corporation that	4941
is a contracting party to administer, collect, and enforce the	4942
income tax on behalf of the district.	4943

(3) A resolution levying an income tax under this section	4944
shall require the contracting parties to annually set aside a	4945
percentage, to be stated in the resolution, of the amount of the	4946
income tax collected for the long-term maintenance of the	4947
district.	4948

(4) An income tax levied under this section shall apply in	4949
the district or any portion of the district in which the contract	4950
authorizes an income tax throughout the term of the contract	4951
creating the district, notwithstanding that all or a portion of	4952
the district becomes subject to annexation, merger, or	4953
consolidation.	4954

(D) The contract creating a joint economic development	4955
district shall continue in existence throughout its term and shall	4956
be binding on the contracting parties and on any parties	4957
succeeding to the contracting parties, whether by annexation,	4958
merger, or consolidation. Except as provided in division (E) of	4959
this section, the contract may be amended, renewed, or terminated	4960
with the approval of the contracting parties or any parties	4961
succeeding to the contracting parties. If the contract is amended	4962
to add area to an existing district, the amendment shall be	4963
adopted in the manner prescribed under section 715.761 of the	4964
Revised Code.	4965

(E) If two or more contracting parties previously have	4966
entered into a separate contract for utility services, then	4967
amendment, renewal, or termination of the separate contract for	4968
utility services shall not constitute any part of the	4969
consideration for the contract creating a joint economic	4970
development district. A contract creating a joint economic	4971
development district shall be rebuttably presumed to violate this	4972
division if it is entered into within two years prior or five	4973
years subsequent to the amendment, renewal, or termination of a	4974
separate contract for utility services that two or more	4975
contracting parties previously have entered into. The presumption	4976
stated in this division may be rebutted by clear and convincing	4977
evidence of both of the following:	4978

(1) That other substantial consideration existed to support	4979
the contract creating a joint economic development district;	4980

(2) That the contracting parties entered into the contract	4981
creating a joint economic development district freely and without	4982
duress or coercion related to the amendment, renewal, or	4983
termination of the separate contract for utility services.	4984

(F) A contract creating a joint economic development district	4985
that violates division (E) of this section is void and	4986
unenforceable.	4987

Sec. 901.42. (A) The director of agriculture may provide	4988
financial assistance to a statewide, multi-state, or national	4989
nonprofit livestock association to defray not more than fifty per	4990
cent of the rental costs of the Ohio expositions center for	4991
purposes of conducting a livestock species exhibition at the	4992
center. In order to obtain financial assistance under this	4993
division, a nonprofit livestock association shall apply to the	4994
director on a form prescribed by the director and in the manner	4995
prescribed in rules adopted under division ~~(D)~~(C) of this section.	4996

Rental cost assistance authorized by this division shall be	4997
provided subject to both of the following conditions:	4998

(1) No nonprofit livestock association shall receive in any	4999
fiscal year rental cost assistance exceeding ~~thirty-four~~fifty per	5000
cent of the funds available to the director in that fiscal year	5001
for the purposes of this section and designated for the purpose of	5002
defraying rental costs for livestock species exhibitions.	5003

(2) The rental cost assistance shall be paid by the director	5004
to the Ohio expositions commission on behalf of the nonprofit	5005
livestock association by means of intrastate transfer voucher.	5006

If the director receives more than one application for	5007
financial assistance for rental costs, the director shall consider	5008
the cost of and local economic benefit generated by each	5009
applicant's exhibition when allocating financial assistance.	5010

(B) ~~The director may allocate not more than fifty thousand~~	5011
~~dollars of the moneys available for the purposes of this section~~	5012
~~in a fiscal year to provide financial assistance to a nonprofit~~	5013
~~livestock association to defray the costs of premium awards for a~~	5014
~~national multispecies exhibition held at the Ohio expositions~~	5015
~~center. In order to obtain financial assistance under this~~	5016
~~division, a nonprofit livestock association shall apply to the~~	5017
~~director on a form prescribed by the director and in the manner~~	5018
~~prescribed in rules adopted under division (D) of this section.~~	5019

~~(C)~~ The director may expend not more than ~~four~~two per cent	5020
of the moneys available for the purposes of this section in a	5021
fiscal year to defray the costs to the department of agriculture	5022
for administering this section or to assist in recruiting	5023
livestock exhibitions to be held at the Ohio expositions center.	5024

~~(D)~~(C) The director, in accordance with Chapter 119. of the	5025
Revised Code, shall adopt rules to carry out this section,	5026
including, without limitation, rules establishing procedures for	5027
the allocation and distribution of moneys available for the	5028
purposes of this section.	5029

Sec. 1332.04. (A) No political subdivision of this state	5030
shall provide cable service over a cable system, whether bundled	5031
with other services or unbundled, except in accordance with	5032
sections 1332.01 to 1332.10 of the Revised Code.	5033

(B)(1) No political subdivision of this state that is a	5034
public cable service provider or contracts with a public cable	5035
service provider for cable service over a cable system shall, by	5036
any means, do any of the following:	5037

(a) Prefer or advantage any public cable service provider or	5038
discriminate against any private cable service provider in any	5039
material matter affecting the provision, within the jurisdiction	5040
of the political subdivision, of cable service over a cable	5041
system;	5042

(b) Fail to apply any private cable service regulation	5043
without discrimination to a public cable service provider within	5044
the jurisdiction of the political subdivision;	5045

(c) Fail to pay all applicable fees, including, but not	5046
limited to, franchise fees, permit fees, pole attachment fees, or	5047
the equivalent of any such fees;	5048

(d) Require from a person providing video service within the	5049
jurisdiction of the political subdivision any direct or in-kind	5050
charge or a payment of any kind in exchange for PEG channel	5051
programming or other content produced by the political subdivision	5052
or by an entity created by or partially supported by the political	5053
subdivision. As used in division (B)(1)(d) of this section, "PEG	5054
channel" and "video service" have the same meanings as in section	5055
1332.21 of the Revised Code.	5056

(2) Nothing in division (B)(1) of this section requires the	5057
application of a private cable service regulation to a public	5058
cable service provider if that application would be without legal	5059
or practical consequence, such as the application of a private	5060
cable service regulation requiring provision of an insurance bond,	5061
which application to a public cable service provider would require	5062
it to insure its performance to itself.	5063

(C) No political subdivision of this state that is a public	5064
cable service provider shall have extraterritorial public cable	5065
service recipients in excess of fifty per cent of the number of	5066
public cable service recipients that reside within the	5067
geographical limits of the political subdivision. Nothing in this	5068
division prohibits public cable service providers from jointly	5069
owning and operating head-end equipment. Each such public cable	5070
service provider shall pay that proportion of the full costs of	5071
owning and operating such head-end equipment, including, but not	5072
limited to, the costs of construction, acquisition, installation,	5073
improvement, enhancement, modification, financing, maintenance,	5074
repair, and operation, equal to the total population of the	5075
political subdivision that is such public cable service provider	5076
divided by the total population of all political subdivisions that	5077
are public cable service providers jointly owning and operating	5078
such head-end equipment, determined annually or with such	5079
frequency as such public cable service providers otherwise agree.	5080

(D) No political subdivision of this state that is a	5081
franchising authority shall unreasonably withhold a request by a	5082
cable service provider to transfer, modify, or renew, in	5083
accordance with the terms of the franchise and in accordance with	5084
the provisions of the "Telecommunications Act of 1996," Pub. L.	5085
No. 104-104, Title III, Section 301(i), 110 Stat. 117, 47 U.S.C.A.	5086
537, the "Cable Communications Policy Act of 1984," Pub. L. No.	5087
98-549, Section 2, 98 Stat. 2790, 47 U.S.C.A. 545, or the "Cable	5088
Television Consumer Protection and Competition Act of 1992," Pub.	5089
L. No. 102-385, Section 18, 106 Stat. 1493, 47 U.S.C.A. 546, its	5090
existing franchise to provide cable service over a cable system.	5091

Sec. 1346.03. Any information provided to the attorney	5092
general by the department of taxation in accordance with division	5093
~~(G)~~(C)(5) of section 5703.21 of the Revised Code shall not be	5094
disclosed publicly by the attorney general except when it is	5095
necessary to facilitate compliance with and enforcement of section	5096
1346.01 or 1346.02 of the Revised Code.	5097

Sec. 1561.011. ~~Nothing~~Except as provided in section 1561.24	5098
of the Revised Code, nothing in this chapter applies to activities	5099
that are permitted and regulated under Chapter 1514. of the	5100
Revised Code.	5101

Sec. 1561.16. (A) As used in this section and sections	5102
1561.17 to 1561.21 of the Revised Code, "actual practical	5103
experience" means previous employment that involved a person's	5104
regular presence in the type of mining operation in which the	5105
experience is required to exist; participation in functions	5106
relating to the hazards involved in and the utilization of	5107
equipment, tools, and work crews and individuals for that type of	5108
mining; and regular exposure to the methods, procedures, and	5109
safety laws applicable to that type of mining. Credit of up to one	5110
year for a portion of the required experience time may be given	5111
upon documentation to the chief of the division of mineral	5112
resources management of an educational degree in a field related	5113
to mining. Credit of up to two years of the required experience	5114
time may be given upon presentation to the chief of proof of	5115
graduation from an accredited school of mines or mining after a	5116
four-year course of study with employment in the mining industry	5117
during interim breaks during the school years.	5118

(B) A person who applies for a certificate as a mine	5119
foreperson of gaseous mines shall be able to read and write the	5120
English language; shall have had at least five years' actual	5121
practical experience in the underground workings of a gaseous mine	5122
or the equivalent thereof in the judgment of the chief; and shall	5123
have had practical experience obtained by actual contact with gas	5124
in mines and have knowledge of the dangers and nature of noxious	5125
and explosive gases and ventilation of gaseous mines. An applicant	5126
for a certificate as a foreperson of gaseous mines shall meet the	5127
same requirements, except that the applicant shall have had at	5128
least three years' actual practical experience in the underground	5129
workings of a gaseous mine or the equivalent thereof in the	5130
judgment of the chief. Each applicant for examination shall pay a	5131
fee ~~of ten dollars~~established in rules adopted under this section	5132
to the chief on the first day of such examination. ~~Any~~	5133

(C) A person who has been issued a certificate as a mine	5134
foreperson or a foreperson of a gaseous mine and who has not	5135
worked in an underground coal mine for a period of more than two	5136
calendar years shall apply for and obtain recertification from the	5137
chief in accordance with rules adopted under this section before	5138
performing the duties of a mine foreperson or a foreperson of a	5139
gaseous mine. An applicant for recertification shall pay a fee	5140
established in rules adopted under this section at the time of	5141
application for recertification.	5142

(D) A person who has been issued a certificate as a mine	5143
foreperson or a foreperson of a gaseous mine and who has not	5144
worked in an underground coal mine for a period of one or more	5145
calendar years shall successfully complete a retraining course in	5146
accordance with rules adopted under this section before performing	5147
the duties of a mine foreperson or a foreperson of a gaseous mine.	5148

(E) The chief, in consultation with a statewide association	5149
representing the coal mining industry and a statewide association	5150
representing employees of coal mines, shall adopt rules in	5151
accordance with Chapter 119. of the Revised Code that do all of	5152
the following:	5153

(1) Prescribe requirements, criteria, and procedures for the	5154
recertification of a mine foreperson or a foreperson of a gaseous	5155
mine who has not worked in an underground coal mine for a period	5156
of more than two calendar years;	5157

(2) Prescribe requirements, criteria, and procedures for the	5158
retraining of a mine foreperson or a foreperson of a gaseous mine	5159
who has not worked in an underground coal mine for a period of one	5160
or more calendar years;	5161

(3) Establish fees for the examination and recertification of	5162
mine forepersons or forepersons of gaseous mines under this	5163
section;	5164

(4) Prescribe any other requirements, criteria, and	5165
procedures that the chief determines are necessary to administer	5166
this section.	5167

(F) Any moneys collected under this section shall be paid	5168
into the state treasury to the credit of the mining regulation	5169
fund created in section 1561.48 of the Revised Code.	5170

Sec. 1561.17. (A) A person who applies for a certificate as	5171
mine foreperson or foreperson of nongaseous mines shall be able to	5172
read and write the English language; shall have had at least three	5173
years' actual practical experience in mines, or the equivalent	5174
thereof in the judgment of the chief of the division of mineral	5175
resources management; and shall have knowledge of the dangers and	5176
nature of noxious gases. Each applicant for examination shall pay	5177
a fee ~~of ten dollars~~established in rules adopted under this	5178
section to the chief on the first day of the examination. ~~Any~~	5179

(B) A person who has been issued a certificate as a mine	5180
foreperson or a foreperson of a nongaseous coal mine and who has	5181
not worked in an underground coal mine for a period of more than	5182
two calendar years shall apply for and obtain recertification	5183
from the chief in accordance with rules adopted under this	5184
section before performing the duties of a mine foreperson or a	5185
foreperson of a nongaseous coal mine. An applicant for	5186
recertification shall pay a fee established in rules adopted	5187
under this section at the time of application for	5188
recertification.	5189

(C) A person who has been issued a certificate as a mine	5190
foreperson or a foreperson of a nongaseous coal mine and who has	5191
not worked in an underground coal mine for a period of one or	5192
more calendar years shall successfully complete a retraining	5193
course in accordance with rules adopted under this section before	5194
performing the duties of a mine foreperson or a foreperson of a	5195
nongaseous coal mine.	5196

(D) The chief, in consultation with a statewide association	5197
representing the coal mining industry and a statewide association	5198
representing employees of coal mines, shall adopt rules in	5199
accordance with Chapter 119. of the Revised Code that do all of	5200
the following:	5201

(1) Prescribe requirements, criteria, and procedures for the	5202
recertification of a mine foreperson or a foreperson of a	5203
nongaseous coal mine who has not worked in an underground coal	5204
mine for a period of more than two calendar years;	5205

(2) Prescribe requirements, criteria, and procedures for the	5206
retraining of a mine foreperson or a foreperson of a nongaseous	5207
coal mine who has not worked in an underground coal mine for a	5208
period of one or more calendar years;	5209

(3) Establish fees for the examination and recertification of	5210
mine forepersons or forepersons of nongaseous coal mines under	5211
this section;	5212

(4) Prescribe any other requirements, criteria, and	5213
procedures that the chief determines are necessary to administer	5214
this section.	5215

(E) Any moneys collected under this section shall be paid	5216
into the state treasury to the credit of the mining regulation	5217
fund created in section 1561.48 of the Revised Code.	5218

Sec. 1561.23. The chief of the division of mineral resources	5219
management shall issue the following certificates to those	5220
applicants who pass their examination:	5221

(A) Certificates for mine forepersons of gaseous mines;

5222

(B) Certificates for mine forepersons of nongaseous mines;

5223

5224

(D) Certificates for forepersons of nongaseous mines;

5225

(E) Certificates for forepersons of surface maintenance	5226
facilities of underground or surface mines;	5227

(F) Certificates for mine forepersons of surface mines;

5228

(G) Certificates for forepersons of surface mines;

5229

(H) Certificates for fire bosses;

5230

(I) Certificates for mine electricians;

5231

(J) Certificates for surface mine blasters;

5232

(K) Certificates for shot firers.

5233

Applicants for certificates shall make application to the	5234
chief, on a form provided by the chief, for examination. All	5235
applicants shall be able to read and write the English language	5236
intelligently, and shall furnish the chief with a certificate as	5237
to their character, length and description of their practical	5238
experience, and satisfactory evidence of their ability to perform	5239
the duties of the position for which they make application for	5240
examination.	5241

~~Any~~Except as provided in sections 1561.16 and 1561.17 of the	5242
Revised Code, any certificate issued by the former mine examining	5243
board prior to October 29, 1995, shall remain in effect	5244
notwithstanding the new classifications of certificates	5245
established by this section.	5246

Sec. 1561.24. For purposes of this chapter, Chapters 1563.,	5247
1565., and 1567., and sections 1514.40 to 1514.50 of the Revised	5248
Code, there is hereby created in the state treasury the mine	5249
safety fund. The fund shall consist of money transferred to it by	5250
the administrator of workers' compensation from the coal-workers	5251
pneumoconiosis fund established in section 4131.03 of the Revised	5252
Code. All investment earnings of the mine safety fund shall be	5253
credited to the fund. The chief of the division of mineral	5254
resources management shall use money in the fund for all of the	5255
following purposes:	5256

(A) Mine safety and health inspections and audits;

5257

(B) The purchase and maintenance of mine rescue and	5258
inspection equipment;	5259

(C) The purchase or lease of facilities for use as mine	5260
rescue stations and for mine rescue and safety training;	5261

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

5262

(E) Certification and recertification of mine officials.

5263

Sec. 1561.25. The division of ~~mines and reclamation~~mineral	5264
resources management shall establish and maintain four rescue	5265
stations. Three of such stations shall be centrally located at	5266
such places, conveniently accessible to the mines and mining areas	5267
of the state so as to cover the largest number of mines in the	5268
shortest period of time, as the chief of the division of ~~mines and~~	5269
~~reclamation~~mineral resources management determines; and one such	5270
station may be maintained at the mine laboratory provided for in	5271
section 1561.27 of the Revised Code. In establishing such stations	5272
the chief may use quarters owned by or in the possession and	5273
control of the state, if available, or may lease other quarters	5274
therefor. Each station shall be equipped with rescue and first aid	5275
apparatus and other equipment as follows:	5276

(A) One motor truck of sufficient capacity to carry the	5277
equipment prescribed by this section;	5278

(B) Not less than six approved breathing apparatus, complete	5279
and in good working order;	5280

(C) One recharging or refilling motor-driven pump for	5281
recharging oxygen cylinders;	5282

(D) Not less than ten oxygen storage cylinders;

5283

(E) One resuscitating outfit;

5284

(F) Not less than five approved flame safety lamps and one	5285
lamp testing cabinet;	5286

(G) Not less than two carbon monoxide detectors;

5287

(H) One approved methane indicating detector;

5288

(I) Not less than ten approved electric mine safety cap lamps	5289
complete;	5290

(J) Charging equipment for cap lamps;

5291

(K) Not less than five hundred feet of two-inch hose of	5292
standard connections and nozzles complete;	5293

(L) All the equipment necessary to provide emergency medical	5294
services, including that necessary for the services of a paramedic	5295
as defined in section 4765.01 of the Revised Code, and to	5296
establish and maintain an intravenous lifeline;	5297

(M) Sufficient parts, supplies, and other necessary equipment	5298
for maintenance and operation of the equipment prescribed in this	5299
section.	5300

All equipment shall be inspected and tested weekly for	5301
efficiency and operation, and be maintained in an effective	5302
operating condition. Reports of the condition shall be sent in	5303
writing to the division of ~~mines and reclamation~~mineral resources	5304
management.	5305

Each of ~~such~~the stations shall at all times be in charge of	5306
an assistant superintendent of rescue stations. Each assistant	5307
superintendent shall, under the supervision of the superintendent	5308
of rescue stations, conduct classes in first aid, mine safety,	5309
rescue work, and other safety educational work for the benefit of	5310
people desiring to take the same. They shall keep the equipment	5311
prescribed in this section in good condition, and see that this	5312
equipment reaches any mine whenever it is needed as expeditiously	5313
as possible. They shall help to perform whatever duties are	5314
necessary.	5315

All such stations shall be under the direction of the	5316
superintendent.	5317

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

5318

(1) "EMT-basic," "EMT-I," and "paramedic" have the same	5319
meanings as in section 4765.01 of the Revised Code.	5320

(2) "Mine medical responder" has the same meaning as in	5321
section 1565.15 of the Revised Code.	5322

(B) The superintendent of rescue stations, with the approval	5323
of the chief of the division of mineral resources management,	5324
shall, at each rescue station provided for in section 1561.25 of	5325
the Revised Code, train and employ rescue crews of six members	5326
each, one of whom shall hold a mine foreperson or fire boss	5327
certificate and be designated captain, and train and employ any	5328
number of such rescue crews as the superintendent believes	5329
necessary. One member of a rescue crew shall be certified as an	5330
EMT-basic, EMT-I, mine medical responder, or paramedic. Each	5331
member of a rescue crew shall devote the time specified by the	5332
chief each month for training purposes and shall be available at	5333
all times to assist in rescue work at explosions, mine fires, and	5334
other emergencies.	5335

A captain of mine rescue crews shall receive for service as	5336
captain the sum of twenty-four dollars per month, and each member	5337
shall receive the sum of twenty dollars per month, all payable on	5338
requisition approved by the chief. When engaged in rescue work at	5339
explosions, mine fires, or other emergencies away from their	5340
station, the members of the rescue crews and captains of the same	5341
shall be paid the sum of six dollars per hour for work on the	5342
surface, which includes the time consumed by those members in	5343
traveling to and from the scene of the emergency when the scene is	5344
away from the station of the members, and the sum of seven dollars	5345
per hour for all work underground at the emergency, and in	5346
addition thereto, the necessary living expenses of the members	5347
when the emergency is away from their home station, all payable on	5348
requisition approved by the chief.	5349

Each member of a mine rescue crew shall undergo an annual	5350
medical examination. The chief may designate to perform an	5351
examination any individual authorized by the Revised Code to do	5352
so, including a physician assistant, a clinical nurse specialist,	5353
a certified nurse practitioner, or a certified nurse-midwife. In	5354
designating the individual to perform a medical examination, the	5355
chief shall choose one near the station of the member of the	5356
rescue crews. The examiner shall report the examination results to	5357
the chief and if, in the opinion of the chief, the report	5358
indicates that the member is physically unfit for further	5359
services, the chief shall relieve the member from further duty.	5360
The fee charged by the examiner for the examination shall be paid	5361
in the same manner as fees are paid to doctors employed by the	5362
industrial commission for special medical examinations.	5363

The chief may remove any member of a rescue crew for any	5364
reason. Such crews shall be subject to the orders of the chief,	5365
the superintendent, and the deputy mine inspectors when engaged in	5366
actual mine rescue work. Mine rescue crews shall, in case of	5367
death or injury when engaged in rescue work, wherever the same may	5368
occur, be paid compensation, or their dependents shall be paid	5369
death benefits, from the workers' compensation fund, in the same	5370
manner as other employees of the state.	5371

(C) In addition to the training of rescue crews, each	5372
assistant superintendent of rescue stations, with the approval of	5373
the superintendent, shall provide for and conduct safety, first	5374
aid, and rescue classes at any mine or for any group of miners who	5375
make application for the conducting of such classes. The chief may	5376
assess a fee for safety and first aid classes for the purpose of	5377
covering the costs associated with providing those classes. The	5378
chief shall establish a fee schedule for safety and first aid	5379
classes by rule adopted in accordance with Chapter 119. of the	5380
Revised Code. Fees collected under this section shall be deposited	5381
in the surface mining fund created in section 1514.06 of the	5382
Revised Code.	5383

The superintendent shall prescribe and provide for a uniform	5384
schedule of conducting such safety and rescue classes as will	5385
provide a competent knowledge of modern safety and rescue methods	5386
in, at, and about mines.	5387

(D) No member of a mine rescue crew who performs mine rescue	5388
at an underground coal mine and no operator of a mine whose	5389
employee participates as a member of such a mine rescue crew is	5390
liable in any civil action that arises under the laws of this	5391
state for damage or injury caused in the performance of rescue	5392
work at an underground coal mine. However, a member of such a mine	5393
rescue crew may be liable if the member acted with malicious	5394
purpose, in bad faith, or in a wanton or reckless manner.	5395

This division does not eliminate, limit, or reduce any	5396
immunity from civil liability that is conferred on a member of	5397
such a mine rescue crew or an operator by any other provision of	5398
the Revised Code or by case law.	5399

Sec. 1561.261. Except for civil actions in which the state is	5400
the plaintiff, no employee of the division of mineral resources	5401
management who performs rescue work at an underground coal mine is	5402
liable in any civil action that arises under the laws of this	5403
state for damage or injury caused in the performance of rescue	5404
work at an underground coal mine unless the employee acted with	5405
malicious purpose, in bad faith, or in a wanton or reckless	5406
manner.	5407

This section does not eliminate, limit, or reduce any	5408
immunity from civil liability that is conferred on an employee of	5409
the division by any other provision of the Revised Code or by case	5410
law.	5411

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

5412

(1) "EMT-basic," "EMT-I," "paramedic," and "emergency medical	5413
service organization" have the same meanings as in section 4765.01	5414
of the Revised Code.	5415

(2) "First aid provider" includes a mine medical responder,	5416
an EMT-basic, an EMT-I, a paramedic, or an employee at a surface	5417
coal mine who has satisfied the training requirements established	5418
in division (D)(1) of this section.	5419

(3) "Mine medical responder" means a person who has satisfied	5420
the requirements established in rules adopted under division (E)	5421
of this section.	5422

(B) The operator of an underground coal mine where twenty or	5423
more persons are employed on a shift, including all persons	5424
working at different locations at the mine within a ten-mile	5425
radius, shall provide at least one mine medical responder,	5426
EMT-basic, or EMT-I on duty at the underground coal mine whenever	5427
employees at the mine are actively engaged in the extraction,	5428
production, or preparation of coal. The operator shall provide	5429
mine medical responders, EMTs-basic, or EMTs-I on duty at the	5430
underground coal mine at times and in numbers sufficient to ensure	5431
that no miner works in a mine location that cannot be reached	5432
within a reasonable time by a mine medical responder, an	5433
EMT-basic, or an EMT-I. Mine medical responders, EMTs-basic, and	5434
EMTs-I shall be employed on their regular coal mining duties at	5435
locations convenient for quick response to emergencies in order to	5436
provide emergency medical services inside the underground coal	5437
mine and transportation of injured or sick employees to the	5438
entrance of the mine. The operator shall provide for the services	5439
of at least one emergency medical service organization to be	5440
available on call to reach the entrance of the underground coal	5441
mine within thirty minutes at any time that employees are engaged	5442
in the extraction, production, or preparation of coal in order to	5443
provide emergency medical services and transportation to a	5444
hospital.	5445

The operator shall make available to mine medical responders,	5446
EMTs-basic, and EMTs-I all of the equipment for first aid and	5447
emergency medical services that is necessary for those personnel	5448
to function and to comply with the regulations pertaining to	5449
first aid and emergency medical services that are adopted under	5450
the "Federal Mine Safety and Health Act of 1977," 91 Stat. 1290,	5451
30 U.S.C.A. 801, and amendments to it. The operator of the	5452
underground coal mine shall install telephone service or	5453
equivalent facilities that enable two-way voice communication	5454
between the mine medical responders, EMTs-basic, or EMTs-I in the	5455
mine and the emergency medical service organization outside the	5456
mine that provides emergency medical services on a regular basis.	5457

(C) The operator of a surface coal mine shall provide at	5458
least one first aid provider on duty at the mine whenever	5459
employees at the mine are actively engaged in the extraction,	5460
production, or preparation of coal. The operator shall provide	5461
first aid providers on duty at the surface coal mine at times and	5462
in numbers sufficient to ensure that no miner works in a mine	5463
location that cannot be reached within a reasonable time by a	5464
first aid provider. First aid providers shall be employed on their	5465
regular coal mining duties at locations convenient for quick	5466
response to emergencies in order to provide emergency medical	5467
services and transportation of injured or sick employees to the	5468
entrance of the surface coal mine. The operator shall provide for	5469
the services of at least one emergency medical service	5470
organization to be available on call to reach the entrance of the	5471
surface coal mine within thirty minutes at any time that employees	5472
are engaged in the extraction, production, or preparation of coal	5473
in order to provide emergency medical services and transportation	5474
to a hospital.	5475

The operator shall provide at the mine site all of the	5476
equipment for first aid and emergency medical services that is	5477
necessary for those personnel to function and to comply with the	5478
regulations pertaining to first aid and emergency medical services	5479
that are adopted under the "Federal Mine Safety and Health Act of	5480
1977," 91 Stat. 1290, 30 U.S.C.A. 801, and amendments to it.	5481

(D)(1) An employee at a surface coal mine shall be	5482
considered to be a first aid provider for the purposes of this	5483
section if the employee has received from an instructor approved	5484
by the chief of the division of mineral resources management ten	5485
hours of initial first aid training as a selected supervisory	5486
employee under 30 C.F.R. 77.1703 and receives five hours of	5487
refresher first aid training as a selected supervisory employee	5488
under 30 C.F.R. 77.1705 in each subsequent calendar year.	5489

(2) Each miner employed at a surface coal mine who is not a	5490
first aid provider shall receive from an instructor approved by	5491
the chief three hours of initial first aid training and two hours	5492
of refresher first aid training in each subsequent calendar year.	5493

(3) The training received in accordance with division (D) of	5494
this section shall consist of a course of instruction established	5495
in the manual issued by the mine safety and health administration	5496
in the United States department of labor entitled "first aid, a	5497
bureau of mines instruction manual" or its successor or any other	5498
curriculum approved by the chief. The training shall be included	5499
in the hours of instruction provided to miners in accordance with	5500
training requirements established under 30 C.F.R. part 48, subpart	5501
(B), as amended, and 30 C.F.R. part 77, as amended.	5502

(E) The chief, in consultation with persons certified under	5503
Chapter 4765. of the Revised Code to teach in an emergency medical	5504
services training program, shall adopt rules in accordance with	5505
Chapter 119. of the Revised Code that do all of the following:	5506

(1) Prescribe training requirements for a mine medical	5507
responder that specifically focus on treating injuries and	5508
illnesses associated with underground coal mining;	5509

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

5510

(3) Prescribe continuing training requirements for a mine	5511
medical responder;	5512

(4) Establish the fee for examination for a mine medical	5513
responder;	5514

(5) Prescribe any other requirements, criteria, and	5515
procedures that the chief determines are necessary regarding the	5516
training, examination, and continuing training of mine medical	5517
responders.	5518

If a person qualifies as a mine medical responder or similar	5519
classification in another state, the person may provide emergency	5520
medical services as a mine medical responder in this state	5521
without completing the training or passing the examination that	5522
is required in rules adopted under this division, provided that	5523
the chief determines that the person's qualifications from the	5524
other state satisfy all of the applicable requirements that are	5525
established in rules adopted under this division.	5526

(F) Each operator of a surface coal mine shall establish,	5527
keep current, and make available for inspection an emergency	5528
medical plan that includes the telephone numbers of the division	5529
of mineral resources management and of an emergency medical	5530
services organization the services of which are required to be	5531
retained under division (C) of this section. The chief shall adopt	5532
rules in accordance with Chapter 119. of the Revised Code that	5533
establish any additional information required to be included in an	5534
emergency medical plan.	5535

~~(F)~~(G) Each operator of an underground coal mine or surface	5536
coal mine shall provide or contract to obtain emergency medical	5537
services training or first aid training, as applicable, at the	5538
operator's expense, that is sufficient to train and maintain the	5539
certification of the number of employees necessary to comply with	5540
division (B) of this section and that is sufficient to train	5541
employees as required under division (D) of this section and to	5542
comply with division (C) of this section.	5543

~~(G)~~(H) The division may provide emergency medical services	5544
training for coal mine employees by operating an emergency medical	5545
services training program accredited under section 4765.17 of the	5546
Revised Code or by contracting with the operator of an emergency	5547
medical services training program accredited under that section to	5548
provide that training. The division may charge coal mine operators	5549
a uniform part of the unit cost per trainee.	5550

~~(H)~~(I) No coal mine operator shall violate or fail to comply	5551
with this section.	5552

Sec. 1567.64. (A) As used in this section, "tag lines" and	5553
"tie-off lines" have the same meanings as in rules adopted under	5554
this section.	5555

(B) The operator of an underground coal mine shall provide	5556
tag lines or tie-off lines for each miner at the mine. The	5557
operator shall provide and employees of the mine shall use tag	5558
lines or tie-off lines in accordance with requirements and	5559
procedures established in rules adopted under this section.	5560

(C) The chief of the division of mineral resources	5561
management, in consultation with a statewide association	5562
representing the coal mining industry and a statewide association	5563
representing employees of coal mines, shall adopt rules in	5564
accordance with Chapter 119. of the Revised Code concerning the	5565
use of tag lines or tie-off lines in an underground coal mine. The	5566
rules shall include all of the following:	5567

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

5568

(2) A description or list of acceptable tag lines and tie-off	5569
lines;	5570

(3) Procedures and requirements for the use of tag lines and	5571
tie-off lines;	5572

(4) Procedures for the approval and inspection of the use of	5573
tag lines and tie-off lines in a mine;	5574

(5) Any other requirements concerning tag lines or tie-off	5575
lines that the chief determines are necessary.	5576

(D) No operator of a mine shall refuse or neglect to comply	5577
with this section or rules adopted under it.	5578

Sec. 1567.681. (A) The operator of an underground coal mine	5579
that uses conveyor belts in the operation of the mine shall	5580
install fire detection devices on each conveyor belt that is used	5581
in the mine. The fire detection devices shall be of a design and	5582
type established in rules adopted under this section. The chief of	5583
the division of mineral resources management shall inspect the	5584
fire detection devices after the operator of the mine has	5585
installed the devices on the conveyor belts that are used in the	5586
operation of the mine. The chief shall approve or disapprove the	5587
installation of the fire detection devices and shall notify the	5588
operator of the chief's decision.	5589

(B) The chief, in consultation with a statewide association	5590
representing the coal mining industry and a statewide association	5591
representing employees of coal mines, shall adopt rules in	5592
accordance with Chapter 119. of the Revised Code concerning the	5593
installation and use of fire detection devices on conveyor belts	5594
that are used in an underground coal mine. The rules shall include	5595
all of the following:	5596

(1) The design and types of fire detection devices that must	5597
be used on a conveyor belt in order to provide for the earliest	5598
possible detection of a fire;	5599

(2) The number of fire detection devices that are required	5600
on a conveyor belt;	5601

(3) A procedure for the notification of the chief after the	5602
operator of a mine has installed the fire detection devices;	5603

(4) A procedure for the inspection of fire detection devices	5604
installed on a conveyor belt;	5605

(5) Any other requirements that the chief determines are	5606
necessary.	5607

(C) No operator of a mine shall refuse or neglect to comply	5608
with this section or rules adopted under it.	5609

Sec. 1751.01. As used in this chapter:

5610

(A)(1) "Basic health care services" means the following	5611
services when medically necessary:	5612

(a) Physician's services, except when such services are	5613
supplemental under division (B) of this section;	5614

(b) Inpatient hospital services;

5615

5616

(d) Emergency health services;

5617

(e) Urgent care services;

5618

(f) Diagnostic laboratory services and diagnostic and	5619
therapeutic radiologic services;	5620

(g) Diagnostic and treatment services, other than	5621
prescription drug services, for biologically based mental	5622
illnesses;	5623

(h) Preventive health care services, including, but not	5624
limited to, voluntary family planning services, infertility	5625
services, periodic physical examinations, prenatal obstetrical	5626
care, and well-child care.	5627

"Basic health care services" does not include experimental	5628
procedures.	5629

Except as provided by divisions (A)(2) and (3) of this	5630
section in connection with the offering of coverage for diagnostic	5631
and treatment services for biologically based mental illnesses, a	5632
health insuring corporation shall not offer coverage for a health	5633
care service, defined as a basic health care service by this	5634
division, unless it offers coverage for all listed basic health	5635
care services. However, this requirement does not apply to the	5636
coverage of beneficiaries enrolled in ~~Title XVIII of the "Social~~	5637
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	5638
medicare pursuant to a medicare contract, or to the coverage of	5639
beneficiaries enrolled in the federal employee health benefits	5640
program pursuant to 5 U.S.C.A. 8905, or to the coverage of	5641
~~beneficiaries enrolled in Title XIX of the "Social Security Act,"~~	5642
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as the~~	5643
~~medical assistance program or~~ medicaid~~, provided by the department~~	5644
~~of job and family services under Chapter 5111. of the Revised Code~~	5645
recipients, or to the coverage of participants of the children's	5646
buy-in program, or to the coverage of beneficiaries under any	5647
federal health care program regulated by a federal regulatory	5648
body, or to the coverage of beneficiaries under any contract	5649
covering officers or employees of the state that has been entered	5650
into by the department of administrative services.	5651

(2) A health insuring corporation may offer coverage for	5652
diagnostic and treatment services for biologically based mental	5653
illnesses without offering coverage for all other basic health	5654
care services. A health insuring corporation may offer coverage	5655
for diagnostic and treatment services for biologically based	5656
mental illnesses alone or in combination with one or more	5657
supplemental health care services. However, a health insuring	5658
corporation that offers coverage for any other basic health care	5659
service shall offer coverage for diagnostic and treatment services	5660
for biologically based mental illnesses in combination with the	5661
offer of coverage for all other listed basic health care services.	5662

(3) A health insuring corporation that offers coverage for	5663
basic health care services is not required to offer coverage for	5664
diagnostic and treatment services for biologically based mental	5665
illnesses in combination with the offer of coverage for all other	5666
listed basic health care services if all of the following apply:	5667

(a) The health insuring corporation submits documentation	5668
certified by an independent member of the American academy of	5669
actuaries to the superintendent of insurance showing that incurred	5670
claims for diagnostic and treatment services for biologically	5671
based mental illnesses for a period of at least six months	5672
independently caused the health insuring corporation's costs for	5673
claims and administrative expenses for the coverage of basic	5674
health care services to increase by more than one per cent per	5675
year.	5676

(b) The health insuring corporation submits a signed letter	5677
from an independent member of the American academy of actuaries to	5678
the superintendent of insurance opining that the increase in costs	5679
described in division (A)(3)(a) of this section could reasonably	5680
justify an increase of more than one per cent in the annual	5681
premiums or rates charged by the health insuring corporation for	5682
the coverage of basic health care services.	5683

(c) The superintendent of insurance makes the following	5684
determinations from the documentation and opinion submitted	5685
pursuant to divisions (A)(3)(a) and (b) of this section:	5686

(i) Incurred claims for diagnostic and treatment services for	5687
biologically based mental illnesses for a period of at least six	5688
months independently caused the health insuring corporation's	5689
costs for claims and administrative expenses for the coverage of	5690
basic health care services to increase by more than one per cent	5691
per year.	5692

(ii) The increase in costs reasonably justifies an increase	5693
of more than one per cent in the annual premiums or rates charged	5694
by the health insuring corporation for the coverage of basic	5695
health care services.	5696

Any determination made by the superintendent under this	5697
division is subject to Chapter 119. of the Revised Code.	5698

(B)(1) "Supplemental health care services" means any health	5699
care services other than basic health care services that a health	5700
insuring corporation may offer, alone or in combination with	5701
either basic health care services or other supplemental health	5702
care services, and includes:	5703

(a) Services of facilities for intermediate or long-term	5704
care, or both;	5705

(b) Dental care services;

5706

(c) Vision care and optometric services including lenses and	5707
frames;	5708

(d) Podiatric care or foot care services;

5709

(e) Mental health services, excluding diagnostic and	5710
treatment services for biologically based mental illnesses;	5711

(f) Short-term outpatient evaluative and crisis-intervention	5712
mental health services;	5713

(g) Medical or psychological treatment and referral services	5714
for alcohol and drug abuse or addiction;	5715

(h) Home health services;

5716

(i) Prescription drug services;

5717

(j) Nursing services;

5718

(k) Services of a dietitian licensed under Chapter 4759. of	5719
the Revised Code;	5720

(l) Physical therapy services;

5721

(m) Chiropractic services;

5722

(n) Any other category of services approved by the	5723
superintendent of insurance.	5724

(2) If a health insuring corporation offers prescription drug	5725
services under this division, the coverage shall include	5726
prescription drug services for the treatment of biologically based	5727
mental illnesses on the same terms and conditions as other	5728
physical diseases and disorders.	5729

(C) "Specialty health care services" means one of the	5730
supplemental health care services listed in division (B) of this	5731
section, when provided by a health insuring corporation on an	5732
outpatient-only basis and not in combination with other	5733
supplemental health care services.	5734

(D) "Biologically based mental illnesses" means	5735
schizophrenia, schizoaffective disorder, major depressive	5736
disorder, bipolar disorder, paranoia and other psychotic	5737
disorders, obsessive-compulsive disorder, and panic disorder, as	5738
these terms are defined in the most recent edition of the	5739
diagnostic and statistical manual of mental disorders published by	5740
the American psychiatric association.	5741

(E) "Children's buy-in program" has the same meaning as in	5742
section 5101.5211 of the Revised Code.	5743

(F) "Closed panel plan" means a health care plan that	5744
requires enrollees to use participating providers.	5745

~~(F)~~(G) "Compensation" means remuneration for the provision of	5746
health care services, determined on other than a fee-for-service	5747
or discounted-fee-for-service basis.	5748

~~(G)~~(H) "Contractual periodic prepayment" means the formula	5749
for determining the premium rate for all subscribers of a health	5750
insuring corporation.	5751

~~(H)~~(I) "Corporation" means a corporation formed under Chapter	5752
1701. or 1702. of the Revised Code or the similar laws of another	5753
state.	5754

~~(I)~~(J) "Emergency health services" means those health care	5755
services that must be available on a seven-days-per-week,	5756
twenty-four-hours-per-day basis in order to prevent jeopardy to an	5757
enrollee's health status that would occur if such services were	5758
not received as soon as possible, and includes, where appropriate,	5759
provisions for transportation and indemnity payments or service	5760
agreements for out-of-area coverage.	5761

~~(J)~~(K) "Enrollee" means any natural person who is entitled to	5762
receive health care benefits provided by a health insuring	5763
corporation.	5764

~~(K)~~(L) "Evidence of coverage" means any certificate,	5765
agreement, policy, or contract issued to a subscriber that sets	5766
out the coverage and other rights to which such person is entitled	5767
under a health care plan.	5768

~~(L)~~(M) "Health care facility" means any facility, except a	5769
health care practitioner's office, that provides preventive,	5770
diagnostic, therapeutic, acute convalescent, rehabilitation,	5771
mental health, mental retardation, intermediate care, or skilled	5772
nursing services.	5773

~~(M)~~(N) "Health care services" means basic, supplemental, and	5774
specialty health care services.	5775

~~(N)~~(O) "Health delivery network" means any group of providers	5776
or health care facilities, or both, or any representative thereof,	5777
that have entered into an agreement to offer health care services	5778
in a panel rather than on an individual basis.	5779

~~(O)~~(P) "Health insuring corporation" means a corporation, as	5780
defined in division ~~(H)~~(I) of this section, that, pursuant to a	5781
policy, contract, certificate, or agreement, pays for, reimburses,	5782
or provides, delivers, arranges for, or otherwise makes available,	5783
basic health care services, supplemental health care services, or	5784
specialty health care services, or a combination of basic health	5785
care services and either supplemental health care services or	5786
specialty health care services, through either an open panel plan	5787
or a closed panel plan.	5788

"Health insuring corporation" does not include a limited	5789
liability company formed pursuant to Chapter 1705. of the Revised	5790
Code, an insurer licensed under Title XXXIX of the Revised Code if	5791
that insurer offers only open panel plans under which all	5792
providers and health care facilities participating receive their	5793
compensation directly from the insurer, a corporation formed by or	5794
on behalf of a political subdivision or a department, office, or	5795
institution of the state, or a public entity formed by or on	5796
behalf of a board of county commissioners, a county board of	5797
mental retardation and developmental disabilities, an alcohol and	5798
drug addiction services board, a board of alcohol, drug addiction,	5799
and mental health services, or a community mental health board, as	5800
those terms are used in Chapters 340. and 5126. of the Revised	5801
Code. Except as provided by division (D) of section 1751.02 of	5802
the Revised Code, or as otherwise provided by law, no board,	5803
commission, agency, or other entity under the control of a	5804
political subdivision may accept insurance risk in providing for	5805
health care services. However, nothing in this division shall be	5806
construed as prohibiting such entities from purchasing the	5807
services of a health insuring corporation or a third-party	5808
administrator licensed under Chapter 3959. of the Revised Code.	5809

~~(P)~~(Q) "Intermediary organization" means a health delivery	5810
network or other entity that contracts with licensed health	5811
insuring corporations or self-insured employers, or both, to	5812
provide health care services, and that enters into contractual	5813
arrangements with other entities for the provision of health care	5814
services for the purpose of fulfilling the terms of its contracts	5815
with the health insuring corporations and self-insured employers.	5816

~~(Q)~~(R) "Intermediate care" means residential care above the	5817
level of room and board for patients who require personal	5818
assistance and health-related services, but who do not require	5819
skilled nursing care.	5820

~~(R)~~(S) "Medicaid" has the same meaning as in section 5111.01	5821
of the Revised Code.	5822

(T) "Medical record" means the personal information that	5823
relates to an individual's physical or mental condition, medical	5824
history, or medical treatment.	5825

~~(S)~~(U) "Medicare" means the program established under Title	5826
XVIII of the "Social Security Act" 49 Stat. 620 (1935), 42 U.S.C.	5827
1395, as amended.	5828

(V)(1) "Open panel plan" means a health care plan that	5829
provides incentives for enrollees to use participating providers	5830
and that also allows enrollees to use providers that are not	5831
participating providers.	5832

(2) No health insuring corporation may offer an open panel	5833
plan, unless the health insuring corporation is also licensed as	5834
an insurer under Title XXXIX of the Revised Code, the health	5835
insuring corporation, on June 4, 1997, holds a certificate of	5836
authority or license to operate under Chapter 1736. or 1740. of	5837
the Revised Code, or an insurer licensed under Title XXXIX of the	5838
Revised Code is responsible for the out-of-network risk as	5839
evidenced by both an evidence of coverage filing under section	5840
1751.11 of the Revised Code and a policy and certificate filing	5841
under section 3923.02 of the Revised Code.	5842

~~(T)~~(W) "Panel" means a group of providers or health care	5843
facilities that have joined together to deliver health care	5844
services through a contractual arrangement with a health insuring	5845
corporation, employer group, or other payor.	5846

~~(U)~~(X) "Person" has the same meaning as in section 1.59 of	5847
the Revised Code, and, unless the context otherwise requires,	5848
includes any insurance company holding a certificate of authority	5849
under Title XXXIX of the Revised Code, any subsidiary and	5850
affiliate of an insurance company, and any government agency.	5851

~~(V)~~(Y) "Premium rate" means any set fee regularly paid by a	5852
subscriber to a health insuring corporation. A "premium rate" does	5853
not include a one-time membership fee, an annual administrative	5854
fee, or a nominal access fee, paid to a managed health care system	5855
under which the recipient of health care services remains solely	5856
responsible for any charges accessed for those services by the	5857
provider or health care facility.	5858

~~(W)~~(Z) "Primary care provider" means a provider that is	5859
designated by a health insuring corporation to supervise,	5860
coordinate, or provide initial care or continuing care to an	5861
enrollee, and that may be required by the health insuring	5862
corporation to initiate a referral for specialty care and to	5863
maintain supervision of the health care services rendered to the	5864
enrollee.	5865

~~(X)~~(AA) "Provider" means any natural person or partnership of	5866
natural persons who are licensed, certified, accredited, or	5867
otherwise authorized in this state to furnish health care	5868
services, or any professional association organized under Chapter	5869
1785. of the Revised Code, provided that nothing in this chapter	5870
or other provisions of law shall be construed to preclude a health	5871
insuring corporation, health care practitioner, or organized	5872
health care group associated with a health insuring corporation	5873
from employing certified nurse practitioners, certified nurse	5874
anesthetists, clinical nurse specialists, certified nurse	5875
midwives, dietitians, physician assistants, dental assistants,	5876
dental hygienists, optometric technicians, or other allied health	5877
personnel who are licensed, certified, accredited, or otherwise	5878
authorized in this state to furnish health care services.	5879

~~(Y)~~(BB) "Provider sponsored organization" means a	5880
corporation, as defined in division ~~(H)~~(I) of this section, that	5881
is at least eighty per cent owned or controlled by one or more	5882
hospitals, as defined in section 3727.01 of the Revised Code, or	5883
one or more physicians licensed to practice medicine or surgery or	5884
osteopathic medicine and surgery under Chapter 4731. of the	5885
Revised Code, or any combination of such physicians and hospitals.	5886
Such control is presumed to exist if at least eighty per cent of	5887
the voting rights or governance rights of a provider sponsored	5888
organization are directly or indirectly owned, controlled, or	5889
otherwise held by any combination of the physicians and hospitals	5890
described in this division.	5891

~~(Z)~~(CC) "Solicitation document" means the written materials	5892
provided to prospective subscribers or enrollees, or both, and	5893
used for advertising and marketing to induce enrollment in the	5894
health care plans of a health insuring corporation.	5895

~~(AA)~~(DD) "Subscriber" means a person who is responsible for	5896
making payments to a health insuring corporation for participation	5897
in a health care plan, or an enrollee whose employment or other	5898
status is the basis of eligibility for enrollment in a health	5899
insuring corporation.	5900

~~(BB)~~(EE) "Urgent care services" means those health care	5901
services that are appropriately provided for an unforeseen	5902
condition of a kind that usually requires medical attention	5903
without delay but that does not pose a threat to the life, limb,	5904
or permanent health of the injured or ill person, and may include	5905
such health care services provided out of the health insuring	5906
corporation's approved service area pursuant to indemnity payments	5907
or service agreements.	5908

Sec. 1751.04. (A) Except as provided by division (F) of this	5909
section, upon the receipt by the superintendent of insurance of a	5910
complete application for a certificate of authority to establish	5911
or operate a health insuring corporation, which application sets	5912
forth or is accompanied by the information and documents required	5913
by division (A) of section 1751.03 of the Revised Code, the	5914
superintendent shall transmit copies of the application and	5915
accompanying documents to the director of health.	5916

(B) The director shall review the application and	5917
accompanying documents and make findings as to whether the	5918
applicant for a certificate of authority has done all of the	5919
following with respect to any basic health care services and	5920
supplemental health care services to be furnished:	5921

(1) Demonstrated the willingness and potential ability to	5922
ensure that all basic health care services and supplemental health	5923
care services described in the evidence of coverage will be	5924
provided to all its enrollees as promptly as is appropriate and in	5925
a manner that assures continuity;	5926

(2) Made effective arrangements to ensure that its enrollees	5927
have reliable access to qualified providers in those specialties	5928
that are generally available in the geographic area or areas to be	5929
served by the applicant and that are necessary to provide all	5930
basic health care services and supplemental health care services	5931
described in the evidence of coverage;	5932

(3) Made appropriate arrangements for the availability of	5933
short-term health care services in emergencies within the	5934
geographic area or areas to be served by the applicant,	5935
twenty-four hours per day, seven days per week, and for the	5936
provision of adequate coverage whenever an out-of-area emergency	5937
arises;	5938

(4) Made appropriate arrangements for an ongoing evaluation	5939
and assurance of the quality of health care services provided to	5940
enrollees, including, if applicable, the development of a quality	5941
assurance program complying with the requirements of sections	5942
1751.73 to 1751.75 of the Revised Code, and the adequacy of the	5943
personnel, facilities, and equipment by or through which the	5944
services are rendered;	5945

(5) Developed a procedure to gather and report statistics	5946
relating to the cost and effectiveness of its operations, the	5947
pattern of utilization of its services, and the quality,	5948
availability, and accessibility of its services.	5949

(C) Within ninety days of the director's receipt of the	5950
application for issuance of a certificate of authority, the	5951
director shall certify to the superintendent whether or not the	5952
applicant meets the requirements of division (B) of this section	5953
and sections 3702.51 to 3702.62 of the Revised Code. If the	5954
director certifies that the applicant does not meet these	5955
requirements, the director shall specify in what respects it is	5956
deficient. However, the director shall not certify that the	5957
requirements of this section are not met unless the applicant has	5958
been given an opportunity for a hearing.	5959

(D) If the applicant requests a hearing, the director shall	5960
hold a hearing before certifying that the applicant does not meet	5961
the requirements of this section. The hearing shall be held in	5962
accordance with Chapter 119. of the Revised Code.	5963

(E) The ninety-day review period provided for under division	5964
(C) of this section shall cease to run as of the date on which the	5965
notice of the applicant's right to request a hearing is mailed and	5966
shall remain suspended until the director issues a final	5967
certification order.	5968

(F) Nothing in this section requires the director to review	5969
or make findings with regard to an application and accompanying	5970
documents to establish or operate aany of the following:	5971

(1) A health insuring corporation to cover solely medicaid	5972
recipients ~~of assistance under the medicaid program operated~~	5973
~~pursuant to Chapter 5111. of the Revised Code, a~~;	5974

(2) A health insuring corporation to cover solely ~~recipients~~	5975
~~of assistance under the federal~~ medicare ~~program under Title XVIII~~	5976
~~of the "Social Security Act," 49 Stat. 62 (1935), 42 U.S.C. 301,~~	5977
~~as amended, or a~~beneficiaries;	5978

(3) A health insuring corporation to cover solely medicaid	5979
recipients ~~of assistance under both the medicaid~~ and medicare	5980
~~programs~~beneficiaries;	5981

(4) A health insuring corporation to cover solely	5982
participants of the children's buy-in program;	5983

(5) A health insuring corporation to cover solely medicaid	5984
recipients and participants of the children's buy-in program;	5985

(6) A health insuring corporation to cover solely medicaid	5986
recipients, medicare beneficiaries, and participants of the	5987
children's buy-in program.	5988

Sec. 1751.05. (A) The superintendent of insurance shall	5989
issue or deny a certificate of authority to health insuring	5990
corporations within the deadlines specified as follows:	5991

(1) For a health insuring corporation filing an application	5992
pursuant to section 1751.03 of the Revised Code, forty-five days	5993
from the superintendent's receipt of the certification from the	5994
director of health under division (C) of section 1751.04 of the	5995
Revised Code;	5996

(2) ~~For a health insuring corporation that covers solely~~	5997
~~recipients of assistance under the medicaid program operated~~	5998
~~pursuant to Chapter 5111. of the Revised Code, one~~One hundred	5999
thirty-five days from the superintendent's receipt of a complete	6000
application and accompanying documents if the health insuring	6001
corporation is to cover solely the following:	6002

(a) Medicaid recipients;

6003

(b) Medicare beneficiaries;

6004

6005

(d) Participants of the children's buy-in program;

6006

(e) Medicaid recipients and participants of the children's	6007
buy-in program;	6008

(f) Medicaid recipients, medicare beneficiaries, and	6009
participants of the children's buy-in program.	6010

(B) A certificate of authority shall be issued upon payment	6011
of the application fee prescribed in section 1751.44 of the	6012
Revised Code if the superintendent is satisfied that the following	6013
conditions are met:	6014

(1) The persons responsible for the conduct of the affairs of	6015
the applicant are competent, trustworthy, and possess good	6016
reputations.	6017

(2) The director certifies, in accordance with division (C)	6018
of section 1751.04 of the Revised Code, that the organization's	6019
proposed plan of operation meets the requirements of division (B)	6020
of that section and sections 3702.51 to 3702.62 of the Revised	6021
Code. If, after the director has certified compliance, the	6022
application is amended in a manner that affects its approval under	6023
section 1751.04 of the Revised Code, the superintendent shall	6024
request the director to review and recertify the amended plan of	6025
operation. Within forty-five days of receipt of the amended plan	6026
from the superintendent, the director shall certify to the	6027
superintendent, pursuant to section 1751.04 of the Revised Code,	6028
whether or not the amended plan meets the requirements of section	6029
1751.04 of the Revised Code. The superintendent's forty-five-day	6030
review period shall cease to run as of the date on which the	6031
amended plan is transmitted to the director and shall remain	6032
suspended until the superintendent receives a new certification	6033
from the director.	6034

(3) The applicant constitutes an appropriate mechanism to	6035
effectively provide or arrange for the provision of the basic	6036
health care services, supplemental health care services, or	6037
specialty health care services to be provided to enrollees.	6038

(4) The applicant is financially responsible, complies with	6039
section 1751.28 of the Revised Code, and may reasonably be	6040
expected to meet its obligations to enrollees and prospective	6041
enrollees. In making this determination, the superintendent may	6042
consider:	6043

(a) The financial soundness of the applicant's arrangements	6044
for health care services, including the applicant's proposed	6045
contractual periodic prepayments or premiums and the use of	6046
copayments and deductibles;	6047

(b) The adequacy of working capital;

6048

(c) Any agreement with an insurer, a government, or any other	6049
person for insuring the payment of the cost of health care	6050
services or providing for automatic applicability of an	6051
alternative coverage in the event of discontinuance of the health	6052
insuring corporation's operations;	6053

(d) Any agreement with providers or health care facilities	6054
for the provision of health care services;	6055

(e) Any deposit of securities submitted in accordance with	6056
section 1751.27 of the Revised Code as a guarantee that the	6057
obligations will be performed.	6058

(5) The applicant has submitted documentation of an	6059
arrangement to provide health care services to its enrollees until	6060
the expiration of the enrollees' contracts with the applicant if a	6061
health care plan or the operations of the health insuring	6062
corporation are discontinued prior to the expiration of the	6063
enrollees' contracts. An arrangement to provide health care	6064
services may be made by using any one, or any combination, of the	6065
following methods:	6066

(a) The maintenance of insolvency insurance;

6067

(b) A provision in contracts with providers and health care	6068
facilities, but no health insuring corporation shall rely solely	6069
on such a provision for more than thirty days;	6070

(c) An agreement with other health insuring corporations or	6071
insurers, providing enrollees with automatic conversion rights	6072
upon the discontinuation of a health care plan or the health	6073
insuring corporation's operations;	6074

(d) Such other methods as approved by the superintendent.

6075

(6) Nothing in the applicant's proposed method of operation,	6076
as shown by the information submitted pursuant to section 1751.03	6077
of the Revised Code or by independent investigation, will cause	6078
harm to an enrollee or to the public at large, as determined by	6079
the superintendent.	6080

(7) Any deficiencies certified by the director have been	6081
corrected.	6082

(8) The applicant has deposited securities as set forth in	6083
section 1751.27 of the Revised Code.	6084

(C) If an applicant elects to fulfill the requirements of	6085
division (A)(5) of this section through an agreement with other	6086
health insuring corporations or insurers, the agreement shall	6087
require those health insuring corporations or insurers to give	6088
thirty days' notice to the superintendent prior to cancellation or	6089
discontinuation of the agreement for any reason.	6090

(D) A certificate of authority shall be denied only after	6091
compliance with the requirements of section 1751.36 of the Revised	6092
Code.	6093

Sec. 1751.11. (A) Every subscriber of a health insuring	6094
corporation is entitled to an evidence of coverage for the health	6095
care plan under which health care benefits are provided.	6096

(B) Every subscriber of a health insuring corporation that	6097
offers basic health care services is entitled to an identification	6098
card or similar document that specifies the health insuring	6099
corporation's name as stated in its articles of incorporation, and	6100
any trade or fictitious names used by the health insuring	6101
corporation. The identification card or document shall list at	6102
least one toll-free telephone number that provides the subscriber	6103
with access, to information on a twenty-four-hours-per-day,	6104
seven-days-per-week basis, as to how health care services may be	6105
obtained. The identification card or document shall also list at	6106
least one toll-free number that, during normal business hours,	6107
provides the subscriber with access to information on the coverage	6108
available under the subscriber's health care plan and information	6109
on the health care plan's internal and external review processes.	6110

(C) No evidence of coverage, or amendment to the evidence of	6111
coverage, shall be delivered, issued for delivery, renewed, or	6112
used, until the form of the evidence of coverage or amendment has	6113
been filed by the health insuring corporation with the	6114
superintendent of insurance. If the superintendent does not	6115
disapprove the evidence of coverage or amendment within sixty days	6116
after it is filed it shall be deemed approved, unless the	6117
superintendent sooner gives approval for the evidence of coverage	6118
or amendment. With respect to an amendment to an approved evidence	6119
of coverage, the superintendent only may disapprove provisions	6120
amended or added to the evidence of coverage. If the	6121
superintendent determines within the sixty-day period that any	6122
evidence of coverage or amendment fails to meet the requirements	6123
of this section, the superintendent shall so notify the health	6124
insuring corporation and it shall be unlawful for the health	6125
insuring corporation to use such evidence of coverage or	6126
amendment. At any time, the superintendent, upon at least thirty	6127
days' written notice to a health insuring corporation, may	6128
withdraw an approval, deemed or actual, of any evidence of	6129
coverage or amendment on any of the grounds stated in this	6130
section. Such disapproval shall be effected by a written order,	6131
which shall state the grounds for disapproval and shall be issued	6132
in accordance with Chapter 119. of the Revised Code.	6133

(D) No evidence of coverage or amendment shall be delivered,	6134
issued for delivery, renewed, or used:	6135

(1) If it contains provisions or statements that are	6136
inequitable, untrue, misleading, or deceptive;	6137

(2) Unless it contains a clear, concise, and complete	6138
statement of the following:	6139

(a) The health care services and insurance or other benefits,	6140
if any, to which an enrollee is entitled under the health care	6141
plan;	6142

(b) Any exclusions or limitations on the health care	6143
services, type of health care services, benefits, or type of	6144
benefits to be provided, including copayments and deductibles;	6145

(c) An enrollee's personal financial obligation for	6146
noncovered services;	6147

(d) Where and in what manner general information and	6148
information as to how health care services may be obtained is	6149
available, including a toll-free telephone number;	6150

(e) The premium rate with respect to individual and	6151
conversion contracts, and relevant copayment and deductible	6152
provisions with respect to all contracts. The statement of the	6153
premium rate, however, may be contained in a separate insert.	6154

(f) The method utilized by the health insuring corporation	6155
for resolving enrollee complaints;	6156

(g) The utilization review, internal review, and external	6157
review procedures established under sections 1751.77 to 1751.85 of	6158
the Revised Code.	6159

(3) Unless it provides for the continuation of an enrollee's	6160
coverage, in the event that the enrollee's coverage under the	6161
group policy, contract, certificate, or agreement terminates while	6162
the enrollee is receiving inpatient care in a hospital. This	6163
continuation of coverage shall terminate at the earliest	6164
occurrence of any of the following:	6165

(a) The enrollee's discharge from the hospital;

6166

(b) The determination by the enrollee's attending physician	6167
that inpatient care is no longer medically indicated for the	6168
enrollee; however, nothing in division (D)(3)(b) of this section	6169
precludes a health insuring corporation from engaging in	6170
utilization review as described in the evidence of coverage.	6171

(c) The enrollee's reaching the limit for contractual	6172
benefits;	6173

(d) The effective date of any new coverage.

6174

(4) Unless it contains a provision that states, in substance,	6175
that the health insuring corporation is not a member of any	6176
guaranty fund, and that in the event of the health insuring	6177
corporation's insolvency, an enrollee is protected only to the	6178
extent that the hold harmless provision required by section	6179
1751.13 of the Revised Code applies to the health care services	6180
rendered;	6181

(5) Unless it contains a provision that states, in substance,	6182
that in the event of the insolvency of the health insuring	6183
corporation, an enrollee may be financially responsible for health	6184
care services rendered by a provider or health care facility that	6185
is not under contract to the health insuring corporation, whether	6186
or not the health insuring corporation authorized the use of the	6187
provider or health care facility.	6188

(E) Notwithstanding divisions (C) and (D) of this section, a	6189
health insuring corporation may use an evidence of coverage that	6190
provides for the coverage of beneficiaries enrolled in ~~Title XVIII~~	6191
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	6192
~~301, as amended,~~medicare pursuant to a medicare contract, or an	6193
evidence of coverage that provides for the coverage of	6194
beneficiaries enrolled in the federal employees health benefits	6195
program pursuant to 5 U.S.C.A. 8905, or an evidence of coverage	6196
that provides for the coverage of ~~beneficiaries enrolled in Title~~	6197
~~XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	6198
~~301, as amended, known as the medical assistance program or~~	6199
medicaid~~, provided by the Ohio department of job and family~~	6200
~~services under Chapter 5111. of the Revised Code~~recipients, or an	6201
evidence of coverage that provides for coverage of participants of	6202
the children's buy-in program, or an evidence of coverage that	6203
provides for the coverage of beneficiaries under any other federal	6204
health care program regulated by a federal regulatory body, or an	6205
evidence of coverage that provides for the coverage of	6206
beneficiaries under any contract covering officers or employees of	6207
the state that has been entered into by the department of	6208
administrative services, if both of the following apply:	6209

(1) The evidence of coverage has been approved by the United	6210
States department of health and human services, the United States	6211
office of personnel management, the Ohio department of job and	6212
family services, or the department of administrative services.	6213

(2) The evidence of coverage is filed with the superintendent	6214
of insurance prior to use and is accompanied by documentation of	6215
approval from the United States department of health and human	6216
services, the United States office of personnel management, the	6217
Ohio department of job and family services, or the department of	6218
administrative services.	6219

Sec. 1751.111. (A)(1) This section applies to both of the	6220
following:	6221

(a) A health insuring corporation that issues or requires the	6222
use of a standardized identification card or an electronic	6223
technology for submission and routing of prescription drug claims	6224
pursuant to a policy, contract, or agreement for health care	6225
services;	6226

(b) A person or entity that a health insuring corporation	6227
contracts with to issue a standardized identification card or an	6228
electronic technology described in division (A)(1)(a) of this	6229
section.	6230

(2) Notwithstanding division (A)(1) of this section, this	6231
section does not apply to the issuance or required use of a	6232
standardized identification card or an electronic technology for	6233
submission and routing of prescription drug claims in connection	6234
with any of the following:	6235

(a) Coverage provided under the medicare advantage program	6236
operated pursuant to Part C of Title XVIII of the "Social Security	6237
Act," 49 Stat. 62 (1935), 42 U.S.C. 301, as amended.	6238

(b) Coverage provided under medicaid~~, as defined in section~~	6239
~~5111.01 of the Revised Code~~.	6240

6241

(d) Coverage provided under an employer's self-insurance plan	6242
or by any of its administrators, as defined in section 3959.01 of	6243
the Revised Code, to the extent that federal law supersedes,	6244
preempts, prohibits, or otherwise precludes the application of	6245
this section to the plan and its administrators.	6246

(B) A standardized identification card or an electronic	6247
technology issued or required to be used as provided in division	6248
(A)(1) of this section shall contain uniform prescription drug	6249
information in accordance with either division (B)(1) or (2) of	6250
this section.	6251

(1) The standardized identification card or the electronic	6252
technology shall be in a format and contain information fields	6253
approved by the national council for prescription drug programs or	6254
a successor organization, as specified in the council's or	6255
successor organization's pharmacy identification card	6256
implementation guide in effect on the first day of October most	6257
immediately preceding the issuance or required use of the	6258
standardized identification card or the electronic technology.	6259

(2) If the health insuring corporation or the person under	6260
contract with the corporation to issue a standardized	6261
identification card or an electronic technology requires the	6262
information for the submission and routing of a claim, the	6263
standardized identification card or the electronic technology	6264
shall contain any of the following information:	6265

(a) The health insuring corporation's name;

6266

(b) The subscriber's name, group number, and identification	6267
number;	6268

(c) A telephone number to inquire about pharmacy-related	6269
issues;	6270

(d) The issuer's international identification number, labeled	6271
as "ANSI BIN" or "RxBIN";	6272

(e) The processor's control number, labeled as "RxPCN";

6273

(f) The subscriber's pharmacy benefits group number if	6274
different from the subscriber's medical group number, labeled as	6275
"RxGrp."	6276

(C) If the standardized identification card or the electronic	6277
technology issued or required to be used as provided in division	6278
(A)(1) of this section is also used for submission and routing of	6279
nonpharmacy claims, the designation "Rx" is required to be	6280
included as part of the labels identified in divisions (B)(2)(d)	6281
and (e) of this section if the issuer's international	6282
identification number or the processor's control number is	6283
different for medical and pharmacy claims.	6284

(D) Each health insuring corporation described in division	6285
(A) of this section shall annually file a certificate with the	6286
superintendent of insurance certifying that it or any person it	6287
contracts with to issue a standardized identification card or	6288
electronic technology for submission and routing of prescription	6289
drug claims complies with this section.	6290

(E)(1) Except as provided in division (E)(2) of this section,	6291
if there is a change in the information contained in the	6292
standardized identification card or the electronic technology	6293
issued to a subscriber, the health insuring corporation or person	6294
under contract with the corporation to issue a standardized	6295
identification card or an electronic technology shall issue a new	6296
card or electronic technology to the subscriber.	6297

(2) A health insuring corporation or person under contract	6298
with the corporation is not required under division (E)(1) of this	6299
section to issue a new card or electronic technology to a	6300
subscriber more than once during a twelve-month period.	6301

(F) Nothing in this section shall be construed as requiring a	6302
health insuring corporation to produce more than one standardized	6303
identification card or one electronic technology for use by	6304
subscribers accessing health care benefits provided under a	6305
policy, contract, or agreement for health care services.	6306

Sec. 1751.12. (A)(1) No contractual periodic prepayment and	6307
no premium rate for nongroup and conversion policies for health	6308
care services, or any amendment to them, may be used by any health	6309
insuring corporation at any time until the contractual periodic	6310
prepayment and premium rate, or amendment, have been filed with	6311
the superintendent of insurance, and shall not be effective until	6312
the expiration of sixty days after their filing unless the	6313
superintendent sooner gives approval. The filing shall be	6314
accompanied by an actuarial certification in the form prescribed	6315
by the superintendent. The superintendent shall disapprove the	6316
filing, if the superintendent determines within the sixty-day	6317
period that the contractual periodic prepayment or premium rate,	6318
or amendment, is not in accordance with sound actuarial principles	6319
or is not reasonably related to the applicable coverage and	6320
characteristics of the applicable class of enrollees. The	6321
superintendent shall notify the health insuring corporation of the	6322
disapproval, and it shall thereafter be unlawful for the health	6323
insuring corporation to use the contractual periodic prepayment or	6324
premium rate, or amendment.	6325

(2) No contractual periodic prepayment for group policies for	6326
health care services shall be used until the contractual periodic	6327
prepayment has been filed with the superintendent. The filing	6328
shall be accompanied by an actuarial certification in the form	6329
prescribed by the superintendent. The superintendent may reject a	6330
filing made under division (A)(2) of this section at any time,	6331
with at least thirty days' written notice to a health insuring	6332
corporation, if the contractual periodic prepayment is not in	6333
accordance with sound actuarial principles or is not reasonably	6334
related to the applicable coverage and characteristics of the	6335
applicable class of enrollees.	6336

(3) At any time, the superintendent, upon at least thirty	6337
days' written notice to a health insuring corporation, may	6338
withdraw the approval given under division (A)(1) of this section,	6339
deemed or actual, of any contractual periodic prepayment or	6340
premium rate, or amendment, based on information that either of	6341
the following applies:	6342

(a) The contractual periodic prepayment or premium rate, or	6343
amendment, is not in accordance with sound actuarial principles.	6344

(b) The contractual periodic prepayment or premium rate, or	6345
amendment, is not reasonably related to the applicable coverage	6346
and characteristics of the applicable class of enrollees.	6347

(4) Any disapproval under division (A)(1) of this section,	6348
any rejection of a filing made under division (A)(2) of this	6349
section, or any withdrawal of approval under division (A)(3) of	6350
this section, shall be effected by a written notice, which shall	6351
state the specific basis for the disapproval, rejection, or	6352
withdrawal and shall be issued in accordance with Chapter 119. of	6353
the Revised Code.	6354

(B) Notwithstanding division (A) of this section, a health	6355
insuring corporation may use a contractual periodic prepayment or	6356
premium rate for policies used for the coverage of beneficiaries	6357
enrolled in ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	6358
~~(1935), 42 U.S.C.A. 301, as amended,~~medicare pursuant to a	6359
medicare risk contract or medicare cost contract, or for policies	6360
used for the coverage of beneficiaries enrolled in the federal	6361
employees health benefits program pursuant to 5 U.S.C.A. 8905, or	6362
for policies used for the coverage of ~~beneficiaries enrolled in~~	6363
~~Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	6364
~~U.S.C.A. 301, as amended, known as the medical assistance program~~	6365
or medicaid~~, provided by the department of job and family services~~	6366
~~under Chapter 5111. of the Revised Code~~recipients, or for	6367
policies used for coverage of participants of the children's	6368
buy-in program, or for policies used for the coverage of	6369
beneficiaries under any other federal health care program	6370
regulated by a federal regulatory body, or for policies used for	6371
the coverage of beneficiaries under any contract covering officers	6372
or employees of the state that has been entered into by the	6373
department of administrative services, if both of the following	6374
apply:	6375

(1) The contractual periodic prepayment or premium rate has	6376
been approved by the United States department of health and human	6377
services, the United States office of personnel management, the	6378
department of job and family services, or the department of	6379
administrative services.	6380

(2) The contractual periodic prepayment or premium rate is	6381
filed with the superintendent prior to use and is accompanied by	6382
documentation of approval from the United States department of	6383
health and human services, the United States office of personnel	6384
management, the department of job and family services, or the	6385
department of administrative services.	6386

(C) The administrative expense portion of all contractual	6387
periodic prepayment or premium rate filings submitted to the	6388
superintendent for review must reflect the actual cost of	6389
administering the product. The superintendent may require that the	6390
administrative expense portion of the filings be itemized and	6391
supported.	6392

(D)(1) Copayments must be reasonable and must not be a	6393
barrier to the necessary utilization of services by enrollees.	6394

(2) A health insuring corporation, in order to ensure that	6395
copayments are reasonable and not a barrier to the necessary	6396
utilization of basic health care services by enrollees, may do one	6397
of the following:	6398

(a) Impose copayment charges on any single covered basic	6399
health care service that does not exceed forty per cent of the	6400
average cost to the health insuring corporation of providing the	6401
service;	6402

(b) Impose copayment charges that annually do not exceed	6403
twenty per cent of the total annual cost to the health insuring	6404
corporation of providing all covered basic health care services,	6405
including physician office visits, urgent care services, and	6406
emergency health services, when aggregated as to all persons	6407
covered under the filed product in question. In addition, annual	6408
copayment charges as to each enrollee shall not exceed twenty per	6409
cent of the total annual cost to the health insuring corporation	6410
of providing all covered basic health care services, including	6411
physician office visits, urgent care services, and emergency	6412
health services, as to such enrollee. The total annual cost of	6413
providing a health care service is the cost to the health insuring	6414
corporation of providing the health care service to its enrollees	6415
as reduced by any applicable provider discount.	6416

(3) To ensure that copayments are reasonable and not a	6417
barrier to the utilization of basic health care services, a health	6418
insuring corporation may not impose, in any contract year, on any	6419
subscriber or enrollee, copayments that exceed two hundred per	6420
cent of the average annual premium rate to subscribers or	6421
enrollees.	6422

(4) For purposes of division (D) of this section, both of the	6423
following apply:	6424

(a) Copayments imposed by health insuring corporations in	6425
connection with a high deductible health plan that is linked to a	6426
health savings account are reasonable and are not a barrier to the	6427
necessary utilization of services by enrollees.	6428

(b) Divisions (D)(2) and (3) of this section do not apply to	6429
a high deductible health plan that is linked to a health savings	6430
account.	6431

(E) A health insuring corporation shall not impose lifetime	6432
maximums on basic health care services. However, a health insuring	6433
corporation may establish a benefit limit for inpatient hospital	6434
services that are provided pursuant to a policy, contract,	6435
certificate, or agreement for supplemental health care services.	6436

(F) A health insuring corporation may require that an	6437
enrollee pay an annual deductible that does not exceed one	6438
thousand dollars per enrollee or two thousand dollars per family,	6439
except that:	6440

(1) A health insuring corporation may impose higher	6441
deductibles for high deductible health plans that are linked to	6442
health savings accounts;	6443

(2) The superintendent may adopt rules allowing different	6444
annual deductible amounts for plans with a medical savings	6445
account, health reimbursement arrangement, flexible spending	6446
account, or similar account;	6447

(3) A health insuring corporation may impose higher	6448
deductibles under health plans if requested by the group contract,	6449
policy, certificate, or agreement holder, or an individual seeking	6450
coverage under an individual health plan. This shall not be	6451
construed as requiring the health insuring corporation to create	6452
customized health plans for group contract holders or individuals.	6453

(G) As used in this section, "health savings account" and	6454
"high deductible health plan" have the same meanings as in the	6455
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 223, as	6456
amended.	6457

Sec. 1751.13. (A)(1)(a) A health insuring corporation shall,	6458
either directly or indirectly, enter into contracts for the	6459
provision of health care services with a sufficient number and	6460
types of providers and health care facilities to ensure that all	6461
covered health care services will be accessible to enrollees from	6462
a contracted provider or health care facility.	6463

(b) A health insuring corporation shall not refuse to	6464
contract with a physician for the provision of health care	6465
services or refuse to recognize a physician as a specialist on the	6466
basis that the physician attended an educational program or a	6467
residency program approved or certified by the American	6468
osteopathic association. A health insuring corporation shall not	6469
refuse to contract with a health care facility for the provision	6470
of health care services on the basis that the health care facility	6471
is certified or accredited by the American osteopathic association	6472
or that the health care facility is an osteopathic hospital as	6473
defined in section 3702.51 of the Revised Code.	6474

(c) Nothing in division (A)(1)(b) of this section shall be	6475
construed to require a health insuring corporation to make a	6476
benefit payment under a closed panel plan to a physician or health	6477
care facility with which the health insuring corporation does not	6478
have a contract, provided that none of the bases set forth in that	6479
division are used as a reason for failing to make a benefit	6480
payment.	6481

(2) When a health insuring corporation is unable to provide a	6482
covered health care service from a contracted provider or health	6483
care facility, the health insuring corporation must provide that	6484
health care service from a noncontracted provider or health care	6485
facility consistent with the terms of the enrollee's policy,	6486
contract, certificate, or agreement. The health insuring	6487
corporation shall either ensure that the health care service be	6488
provided at no greater cost to the enrollee than if the enrollee	6489
had obtained the health care service from a contracted provider or	6490
health care facility, or make other arrangements acceptable to the	6491
superintendent of insurance.	6492

(3) Nothing in this section shall prohibit a health insuring	6493
corporation from entering into contracts with out-of-state	6494
providers or health care facilities that are licensed, certified,	6495
accredited, or otherwise authorized in that state.	6496

(B)(1) A health insuring corporation shall, either directly	6497
or indirectly, enter into contracts with all providers and health	6498
care facilities through which health care services are provided to	6499
its enrollees.	6500

(2) A health insuring corporation, upon written request,	6501
shall assist its contracted providers in finding stop-loss or	6502
reinsurance carriers.	6503

(C) A health insuring corporation shall file an annual	6504
certificate with the superintendent certifying that all provider	6505
contracts and contracts with health care facilities through which	6506
health care services are being provided contain the following:	6507

(1) A description of the method by which the provider or	6508
health care facility will be notified of the specific health care	6509
services for which the provider or health care facility will be	6510
responsible, including any limitations or conditions on such	6511
services;	6512

(2) The specific hold harmless provision specifying	6513
protection of enrollees set forth as follows:	6514

"[Provider/Health Care Facility] agrees that in no event,	6515
including but not limited to nonpayment by the health insuring	6516
corporation, insolvency of the health insuring corporation, or	6517
breach of this agreement, shall [Provider/Health Care Facility]	6518
bill, charge, collect a deposit from, seek remuneration or	6519
reimbursement from, or have any recourse against, a subscriber,	6520
enrollee, person to whom health care services have been provided,	6521
or person acting on behalf of the covered enrollee, for health	6522
care services provided pursuant to this agreement. This does not	6523
prohibit [Provider/Health Care Facility] from collecting	6524
co-insurance, deductibles, or copayments as specifically provided	6525
in the evidence of coverage, or fees for uncovered health care	6526
services delivered on a fee-for-service basis to persons	6527
referenced above, nor from any recourse against the health	6528
insuring corporation or its successor."	6529

(3) Provisions requiring the provider or health care facility	6530
to continue to provide covered health care services to enrollees	6531
in the event of the health insuring corporation's insolvency or	6532
discontinuance of operations. The provisions shall require the	6533
provider or health care facility to continue to provide covered	6534
health care services to enrollees as needed to complete any	6535
medically necessary procedures commenced but unfinished at the	6536
time of the health insuring corporation's insolvency or	6537
discontinuance of operations. The completion of a medically	6538
necessary procedure shall include the rendering of all covered	6539
health care services that constitute medically necessary follow-up	6540
care for that procedure. If an enrollee is receiving necessary	6541
inpatient care at a hospital, the provisions may limit the	6542
required provision of covered health care services relating to	6543
that inpatient care in accordance with division (D)(3) of section	6544
1751.11 of the Revised Code, and may also limit such required	6545
provision of covered health care services to the period ending	6546
thirty days after the health insuring corporation's insolvency or	6547
discontinuance of operations.	6548

The provisions required by division (C)(3) of this section	6549
shall not require any provider or health care facility to continue	6550
to provide any covered health care service after the occurrence of	6551
any of the following:	6552

(a) The end of the thirty-day period following the entry of a	6553
liquidation order under Chapter 3903. of the Revised Code;	6554

(b) The end of the enrollee's period of coverage for a	6555
contractual prepayment or premium;	6556

(c) The enrollee obtains equivalent coverage with another	6557
health insuring corporation or insurer, or the enrollee's employer	6558
obtains such coverage for the enrollee;	6559

(d) The enrollee or the enrollee's employer terminates	6560
coverage under the contract;	6561

(e) A liquidator effects a transfer of the health insuring	6562
corporation's obligations under the contract under division (A)(8)	6563
of section 3903.21 of the Revised Code.	6564

(4) A provision clearly stating the rights and	6565
responsibilities of the health insuring corporation, and of the	6566
contracted providers and health care facilities, with respect to	6567
administrative policies and programs, including, but not limited	6568
to, payments systems, utilization review, quality assurance,	6569
assessment, and improvement programs, credentialing,	6570
confidentiality requirements, and any applicable federal or state	6571
programs;	6572

(5) A provision regarding the availability and	6573
confidentiality of those health records maintained by providers	6574
and health care facilities to monitor and evaluate the quality of	6575
care, to conduct evaluations and audits, and to determine on a	6576
concurrent or retrospective basis the necessity of and	6577
appropriateness of health care services provided to enrollees.	6578
The provision shall include terms requiring the provider or health	6579
care facility to make these health records available to	6580
appropriate state and federal authorities involved in assessing	6581
the quality of care or in investigating the grievances or	6582
complaints of enrollees, and requiring the provider or health care	6583
facility to comply with applicable state and federal laws related	6584
to the confidentiality of medical or health records.	6585

(6) A provision that states that contractual rights and	6586
responsibilities may not be assigned or delegated by the provider	6587
or health care facility without the prior written consent of the	6588
health insuring corporation;	6589

(7) A provision requiring the provider or health care	6590
facility to maintain adequate professional liability and	6591
malpractice insurance. The provision shall also require the	6592
provider or health care facility to notify the health insuring	6593
corporation not more than ten days after the provider's or health	6594
care facility's receipt of notice of any reduction or cancellation	6595
of such coverage.	6596

(8) A provision requiring the provider or health care	6597
facility to observe, protect, and promote the rights of enrollees	6598
as patients;	6599

(9) A provision requiring the provider or health care	6600
facility to provide health care services without discrimination on	6601
the basis of a patient's participation in the health care plan,	6602
age, sex, ethnicity, religion, sexual preference, health status,	6603
or disability, and without regard to the source of payments made	6604
for health care services rendered to a patient. This requirement	6605
shall not apply to circumstances when the provider or health care	6606
facility appropriately does not render services due to limitations	6607
arising from the provider's or health care facility's lack of	6608
training, experience, or skill, or due to licensing restrictions.	6609

(10) A provision containing the specifics of any obligation	6610
on the primary care provider to provide, or to arrange for the	6611
provision of, covered health care services twenty-four hours per	6612
day, seven days per week;	6613

(11) A provision setting forth procedures for the resolution	6614
of disputes arising out of the contract;	6615

(12) A provision stating that the hold harmless provision	6616
required by division (C)(2) of this section shall survive the	6617
termination of the contract with respect to services covered and	6618
provided under the contract during the time the contract was in	6619
effect, regardless of the reason for the termination, including	6620
the insolvency of the health insuring corporation;	6621

(13) A provision requiring those terms that are used in the	6622
contract and that are defined by this chapter, be used in the	6623
contract in a manner consistent with those definitions.	6624

This division does not apply to the coverage of beneficiaries	6625
enrolled in ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	6626
~~(1935), 42 U.S.C.A. 301, as amended,~~medicare pursuant to a	6627
medicare risk contract or medicare cost contract, or to the	6628
coverage of beneficiaries enrolled in the federal employee health	6629
benefits program pursuant to 5 U.S.C.A. 8905, or to the coverage	6630
of ~~beneficiaries enrolled in Title XIX of the "Social Security~~	6631
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, known as~~	6632
~~the medical assistance program or~~ medicaid~~, provided by the~~	6633
~~department of job and family services under Chapter 5111. of the~~	6634
~~Revised Code~~recipients, or to the coverage of beneficiaries under	6635
any federal health care program regulated by a federal regulatory	6636
body, or to the coverage of participants of the children's buy-in	6637
program, or to the coverage of beneficiaries under any contract	6638
covering officers or employees of the state that has been entered	6639
into by the department of administrative services.	6640

(D)(1) No health insuring corporation contract with a	6641
provider or health care facility shall contain any of the	6642
following:	6643

(a) A provision that directly or indirectly offers an	6644
inducement to the provider or health care facility to reduce or	6645
limit medically necessary health care services to a covered	6646
enrollee;	6647

(b) A provision that penalizes a provider or health care	6648
facility that assists an enrollee to seek a reconsideration of the	6649
health insuring corporation's decision to deny or limit benefits	6650
to the enrollee;	6651

(c) A provision that limits or otherwise restricts the	6652
provider's or health care facility's ethical and legal	6653
responsibility to fully advise enrollees about their medical	6654
condition and about medically appropriate treatment options;	6655

(d) A provision that penalizes a provider or health care	6656
facility for principally advocating for medically necessary health	6657
care services;	6658

(e) A provision that penalizes a provider or health care	6659
facility for providing information or testimony to a legislative	6660
or regulatory body or agency. This shall not be construed to	6661
prohibit a health insuring corporation from penalizing a provider	6662
or health care facility that provides information or testimony	6663
that is libelous or slanderous or that discloses trade secrets	6664
which the provider or health care facility has no privilege or	6665
permission to disclose.	6666

(f) A provision that violates Chapter 3963. of the Revised	6667
Code.	6668

(2) Nothing in this division shall be construed to prohibit a	6669
health insuring corporation from doing either of the following:	6670

(a) Making a determination not to reimburse or pay for a	6671
particular medical treatment or other health care service;	6672

(b) Enforcing reasonable peer review or utilization review	6673
protocols, or determining whether a particular provider or health	6674
care facility has complied with these protocols.	6675

(E) Any contract between a health insuring corporation and an	6676
intermediary organization shall clearly specify that the health	6677
insuring corporation must approve or disapprove the participation	6678
of any provider or health care facility with which the	6679
intermediary organization contracts.	6680

(F) If an intermediary organization that is not a health	6681
delivery network contracting solely with self-insured employers	6682
subcontracts with a provider or health care facility, the	6683
subcontract with the provider or health care facility shall do all	6684
of the following:	6685

(1) Contain the provisions required by divisions (C) and (G)	6686
of this section, as made applicable to an intermediary	6687
organization, without the inclusion of inducements or penalties	6688
described in division (D) of this section;	6689

(2) Acknowledge that the health insuring corporation is a	6690
third-party beneficiary to the agreement;	6691

(3) Acknowledge the health insuring corporation's role in	6692
approving the participation of the provider or health care	6693
facility, pursuant to division (E) of this section.	6694

(G) Any provider contract or contract with a health care	6695
facility shall clearly specify the health insuring corporation's	6696
statutory responsibility to monitor and oversee the offering of	6697
covered health care services to its enrollees.	6698

(H)(1) A health insuring corporation shall maintain its	6699
provider contracts and its contracts with health care facilities	6700
at one or more of its places of business in this state, and shall	6701
provide copies of these contracts to facilitate regulatory review	6702
upon written notice by the superintendent of insurance.	6703

(2) Any contract with an intermediary organization that	6704
accepts compensation shall include provisions requiring the	6705
intermediary organization to provide the superintendent with	6706
regulatory access to all books, records, financial information,	6707
and documents related to the provision of health care services to	6708
subscribers and enrollees under the contract. The contract shall	6709
require the intermediary organization to maintain such books,	6710
records, financial information, and documents at its principal	6711
place of business in this state and to preserve them for at least	6712
three years in a manner that facilitates regulatory review.	6713

(I)(1) A health insuring corporation shall notify its	6714
affected enrollees of the termination of a contract for the	6715
provision of health care services between the health insuring	6716
corporation and a primary care physician or hospital, by mail,	6717
within thirty days after the termination of the contract.	6718

(a) Notice shall be given to subscribers of the termination	6719
of a contract with a primary care physician if the subscriber, or	6720
a dependent covered under the subscriber's health care coverage,	6721
has received health care services from the primary care physician	6722
within the previous twelve months or if the subscriber or	6723
dependent has selected the physician as the subscriber's or	6724
dependent's primary care physician within the previous twelve	6725
months.	6726

(b) Notice shall be given to subscribers of the termination	6727
of a contract with a hospital if the subscriber, or a dependent	6728
covered under the subscriber's health care coverage, has received	6729
health care services from that hospital within the previous twelve	6730
months.	6731

(2) The health insuring corporation shall pay, in accordance	6732
with the terms of the contract, for all covered health care	6733
services rendered to an enrollee by a primary care physician or	6734
hospital between the date of the termination of the contract and	6735
five days after the notification of the contract termination is	6736
mailed to a subscriber at the subscriber's last known address.	6737

(J) Divisions (A) and (B) of this section do not apply to any	6738
health insuring corporation that, on June 4, 1997, holds a	6739
certificate of authority or license to operate under Chapter 1740.	6740
of the Revised Code.	6741

(K) Nothing in this section shall restrict the governing body	6742
of a hospital from exercising the authority granted it pursuant to	6743
section 3701.351 of the Revised Code.	6744

Sec. 1751.15. (A) After a health insuring corporation has	6745
furnished, directly or indirectly, basic health care services for	6746
a period of twenty-four months, and if it currently meets the	6747
financial requirements set forth in section 1751.28 of the Revised	6748
Code and had net income as reported to the superintendent of	6749
insurance for at least one of the preceding four calendar	6750
quarters, it shall hold an annual open enrollment period of not	6751
less than thirty days during its month of licensure for	6752
individuals who are not federally eligible individuals at the time	6753
they apply for enrollment.	6754

(B) During the open enrollment period described in division	6755
(A) of this section, the health insuring corporation shall accept	6756
applicants and their dependents in the order in which they apply	6757
for enrollment and in accordance with any of the following:	6758

(1) Up to its capacity, as determined by the health insuring	6759
corporation subject to review by the superintendent;	6760

(2) If less than its capacity, one per cent of the health	6761
insuring corporation's total number of subscribers residing in	6762
this state as of the immediately preceding thirty-first day of	6763
December.	6764

(C) Where a health insuring corporation demonstrates to the	6765
satisfaction of the superintendent that such open enrollment would	6766
jeopardize its economic viability, the superintendent may do any	6767
of the following:	6768

(1) Waive the requirement for open enrollment;

6769

(2) Impose a limit on the number of applicants and their	6770
dependents that must be enrolled;	6771

(3) Authorize such underwriting restrictions upon open	6772
enrollment as are necessary to do any of the following:	6773

(a) Preserve its financial stability;

6774

(b) Prevent excessive adverse selection;

6775

(c) Avoid unreasonably high or unmarketable charges for	6776
coverage of health care services.	6777

(D)(1) A request to the superintendent under division (C) of	6778
this section for any restriction, limit, or waiver during an open	6779
enrollment period must be accompanied by supporting documentation,	6780
including financial data. In reviewing the request, the	6781
superintendent may consider various factors, including the size of	6782
the health insuring corporation, the health insuring corporation's	6783
net worth and profitability, the health insuring corporation's	6784
delivery system structure, and the effect on profitability of	6785
prior open enrollments.	6786

(2) Any action taken by the superintendent under division (C)	6787
of this section shall be effective for a period of not more than	6788
one year. At the expiration of such time, a new demonstration of	6789
the health insuring corporation's need for the restriction, limit,	6790
or waiver shall be made before a new restriction, limit, or waiver	6791
is granted by the superintendent.	6792

(3) Irrespective of the granting of any restriction, limit,	6793
or waiver by the superintendent, a health insuring corporation may	6794
reject an applicant or a dependent of the applicant during its	6795
open enrollment period if the applicant or dependent:	6796

(a) Was eligible for and was covered under any	6797
employer-sponsored health care coverage, or if employer-sponsored	6798
health care coverage was available at the time of open enrollment;	6799

(b) Is eligible for continuation coverage under state or	6800
federal law;	6801

(c) Is eligible for medicare, and the health insuring	6802
corporation does not have an agreement on appropriate payment	6803
mechanisms with the governmental agency administering the medicare	6804
program.	6805

(E) A health insuring corporation shall not be required	6806
either to enroll applicants or their dependents who are confined	6807
to a health care facility because of chronic illness, permanent	6808
injury, or other infirmity that would cause economic impairment to	6809
the health insuring corporation if such applicants or their	6810
dependents were enrolled or to make the effective date of benefits	6811
for applicants or their dependents enrolled under this section	6812
earlier than ninety days after the date of enrollment.	6813

(F) A health insuring corporation shall not be required to	6814
cover the fees or costs, or both, for any basic health care	6815
service related to a transplant of a body organ if the transplant	6816
occurs within one year after the effective date of an enrollee's	6817
coverage under this section. This limitation on coverage does not	6818
apply to a newly born child who meets the requirements for	6819
coverage under section 1751.61 of the Revised Code.	6820

(G) Each health insuring corporation required to hold an open	6821
enrollment pursuant to division (A) of this section shall file	6822
with the superintendent, not later than sixty days prior to the	6823
commencement of the proposed open enrollment period, the following	6824
documents:	6825

(1) The proposed public notice of open enrollment;

6826

(2) The evidence of coverage approved pursuant to section	6827
1751.11 of the Revised Code that will be used during open	6828
enrollment;	6829

(3) The contractual periodic prepayment and premium rate	6830
approved pursuant to section 1751.12 of the Revised Code that will	6831
be applicable during open enrollment;	6832

(4) Any solicitation document approved pursuant to section	6833
1751.31 of the Revised Code to be sent to applicants, including	6834
the application form that will be used during open enrollment;	6835

(5) A list of the proposed dates of publication of the public	6836
notice, and the names of the newspapers in which the notice will	6837
appear;	6838

(6) Any request for a restriction, limit, or waiver with	6839
respect to the open enrollment period, along with any supporting	6840
documentation.	6841

(H)(1) An open enrollment period shall not satisfy the	6842
requirements of this section unless the health insuring	6843
corporation provides adequate public notice in accordance with	6844
divisions (H)(2) and (3) of this section. No public notice shall	6845
be used until the form of the public notice has been filed by the	6846
health insuring corporation with the superintendent. If the	6847
superintendent does not disapprove the public notice within sixty	6848
days after it is filed, it shall be deemed approved, unless the	6849
superintendent sooner gives approval for the public notice. If the	6850
superintendent determines within this sixty-day period that the	6851
public notice fails to meet the requirements of this section, the	6852
superintendent shall so notify the health insuring corporation and	6853
it shall be unlawful for the health insuring corporation to use	6854
the public notice. Such disapproval shall be effected by a written	6855
order, which shall state the grounds for disapproval and shall be	6856
issued in accordance with Chapter 119. of the Revised Code.	6857

(2) A public notice pursuant to division (H)(1) of this	6858
section shall be published in at least one newspaper of general	6859
circulation in each county in the health insuring corporation's	6860
service area, at least once in each of the two weeks immediately	6861
preceding the month in which the open enrollment is to occur and	6862
in each week of that month, or until the enrollment limitation is	6863
reached, whichever occurs first. The notice published during the	6864
last week of open enrollment shall appear not less than five days	6865
before the end of the open enrollment period. It shall be at least	6866
two newspaper columns wide or two and one-half inches wide,	6867
whichever is larger. The first two lines of the text shall be	6868
published in not less than twelve-point, boldface type. The	6869
remainder of the text of the notice shall be published in not less	6870
than eight-point type. The entire public notice shall be	6871
surrounded by a continuous black line not less than one-eighth of	6872
an inch wide.	6873

(3) The following information shall be included in the public	6874
notice provided under division (H)(2) of this section:	6875

(a) The dates that open enrollment will be held and the date	6876
coverage obtained under the open enrollment will become effective;	6877

(b) Notice that an applicant or the applicant's dependents	6878
will not be denied coverage during open enrollment because of a	6879
preexisting health condition, but that some limitations and	6880
restrictions may apply;	6881

6882

(d) The telephone number that a person may call to request an	6883
application or to ask questions;	6884

(e) The date the first payment will be due;

6885

(f) The actual rates or range of rates that will be	6886
applicable for applicants;	6887

(g) Any limitation granted by the superintendent on the	6888
number of applications that will be accepted by the health	6889
insuring corporation.	6890

(4) Within thirty days after the end of an open enrollment	6891
period, the health insuring corporation shall submit to the	6892
superintendent proof of publication for the public notices, and	6893
shall report the total number of applicants and their dependents	6894
enrolled during the open enrollment period.	6895

(I)(1) No health insuring corporation may employ any scheme,	6896
plan, or device that restricts the ability of any person to enroll	6897
during open enrollment.	6898

(2) No health insuring corporation may require enrollment to	6899
be made in person. Every health insuring corporation shall permit	6900
application for coverage by mail. A representative of the health	6901
insuring corporation may visit an applicant who has submitted an	6902
application by mail, in order to explain the operations of the	6903
health insuring corporation and to answer any questions the	6904
applicant may have. Every health insuring corporation shall make	6905
open enrollment applications and solicitation documents readily	6906
available to any potential applicant who requests such material.	6907

(J) An application postmarked on the last day of an open	6908
enrollment period shall qualify as a valid application, regardless	6909
of the date on which it is received by the health insuring	6910
corporation.	6911

(K) This section does not apply to any of the following:

6912

(1) Any health insuring corporation that offers only	6913
supplemental health care services or specialty health care	6914
services~~, or to any~~;	6915

(2) Any health insuring corporation that offers plans only	6916
through ~~Title XVIII or Title XIX of the "Social Security Act," 49~~	6917
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~medicare, medicaid,	6918
or the children's buy-in program and that has no other commercial	6919
enrollment~~, or to any~~;	6920

(3) Any health insuring corporation that offers plans only	6921
through other federal health care programs regulated by federal	6922
regulatory bodies and that has no other commercial enrollment~~, or~~	6923
~~to any~~;	6924

(4) Any health insuring corporation that offers plans only	6925
through contracts covering officers or employees of the state that	6926
have been entered into by the department of administrative	6927
services and that has no other commercial enrollment.	6928

(L) Each health insuring corporation shall accept federally	6929
eligible individuals for open enrollment coverage as provided in	6930
section 3923.581 of the Revised Code. A health insuring	6931
corporation may reinsure coverage of any federally eligible	6932
individual acquired under that section with the open enrollment	6933
reinsurance program in accordance with division (G) of section	6934
3924.11 of the Revised Code. Fixed periodic prepayment rates	6935
charged for coverage reinsured by the program shall be established	6936
in accordance with section 3924.12 of the Revised Code.	6937

(M) As used in this section, "federally eligible individual"	6938
means an eligible individual as defined in 45 C.F.R. 148.103.	6939

Sec. 1751.16. (A) Except as provided in division (F) of this	6940
section, every group contract issued by a health insuring	6941
corporation shall provide an option for conversion to an	6942
individual contract issued on a direct-payment basis to any	6943
subscriber covered by the group contract who terminates employment	6944
or membership in the group, unless:	6945

(1) Termination of the conversion option or contract is based	6946
upon nonpayment of premium after reasonable notice in writing has	6947
been given by the health insuring corporation to the subscriber.	6948

(2) The subscriber is, or is eligible to be, covered for	6949
benefits at least comparable to the group contract under any of	6950
the following:	6951

(a) ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	6952
~~(1935), 42 U.S.C.A. 301, as amended~~Medicare;	6953

(b) Any act of congress or law under this or any other state	6954
of the United States providing coverage at least comparable to the	6955
benefits under division (A)(2)(a) of this section;	6956

(c) Any policy of insurance or health care plan providing	6957
coverage at least comparable to the benefits under division	6958
(A)(2)(a) of this section.	6959

(B)(1) The direct-payment contract offered by the health	6960
insuring corporation pursuant to division (A) of this section	6961
shall provide the following:	6962

(a) In the case of an individual who is not a federally	6963
eligible individual, benefits comparable to benefits in any of the	6964
individual contracts then being issued to individual subscribers	6965
by the health insuring corporation;	6966

(b) In the case of a federally eligible individual, a basic	6967
and standard plan established by the board of directors of the	6968
Ohio health reinsurance program or plans substantially similar to	6969
the basic and standard plan in benefit design and scope of covered	6970
services. For purposes of division (B)(1)(b) of this section, the	6971
superintendent of insurance shall determine whether a plan is	6972
substantially similar to the basic or standard plan in benefit	6973
design and scope of covered services. The contractual periodic	6974
prepayments charged for such plans may not exceed an amount that	6975
is two times the midpoint of the standard rate charged any other	6976
individual of a group to which the organization is currently	6977
accepting new business and for which similar copayments and	6978
deductibles are applied.	6979

(2) The direct payment contract offered pursuant to division	6980
(A) of this section may include a coordination of benefits	6981
provision as approved by the superintendent.	6982

(3) For purposes of division (B) of this section "federally	6983
eligible individual" means an eligible individual as defined in 45	6984
C.F.R. 148.103.	6985

6986

(1) Upon the death of the subscriber, to the surviving spouse	6987
with respect to such of the spouse and dependents as are then	6988
covered by the group contract;	6989

(2) To a child solely with respect to the child upon the	6990
child's attaining the limiting age of coverage under the group	6991
contract while covered as a dependent under the contract;	6992

(3) Upon the divorce, dissolution, or annulment of the	6993
marriage of the subscriber, to the divorced spouse, or, in the	6994
event of annulment, to the former spouse of the subscriber.	6995

(D) No health insuring corporation shall use age as the basis	6996
for refusing to renew a converted contract.	6997

(E) Written notice of the conversion option provided by this	6998
section shall be given to the subscriber by the health insuring	6999
corporation by mail. The notice shall be sent to the subscriber's	7000
address in the records of the employer upon receipt of notice from	7001
the employer of the event giving rise to the conversion option. If	7002
the subscriber has not received notice of the conversion privilege	7003
at least fifteen days prior to the expiration of the thirty-day	7004
conversion period, then the subscriber shall have an additional	7005
period within which to exercise the privilege. This additional	7006
period shall expire fifteen days after the subscriber receives	7007
notice, but in no event shall the period extend beyond sixty days	7008
after the expiration of the thirty-day conversion period.	7009

(F) This section does not apply to any group contract	7010
offering only supplemental health care services or specialty	7011
health care services.	7012

Sec. 1751.17. (A) As used in this section, "nongroup	7013
contract" means a contract issued by a health insuring corporation	7014
to an individual who makes direct application for coverage under	7015
the contract and who, if required by the health insuring	7016
corporation, submits to medical underwriting. "Nongroup contract"	7017
does not include group conversion coverage, coverage obtained	7018
through open enrollment, or coverage issued on the basis of	7019
membership in a group.	7020

(B) Except as provided in division (C) of this section, every	7021
nongroup contract that is issued by a health insuring corporation	7022
and that makes available basic health care services shall provide	7023
an option for conversion to a contract issued on a direct-payment	7024
basis to an enrollee covered by the nongroup contract. The option	7025
for conversion shall be available:	7026

(1) Upon the death of the subscriber, to the surviving spouse	7027
with respect to the spouse or dependents who were then covered by	7028
the nongroup contract;	7029

(2) Upon the divorce, dissolution, or annulment of the	7030
marriage of the subscriber, to the divorced spouse, or, in the	7031
event of annulment, to the former spouse of the subscriber;	7032

(3) To a child solely with respect to the child, upon the	7033
child's attaining the limiting age of coverage under the nongroup	7034
contract while covered as a dependent under the contract.	7035

(C) The direct payment contract offered pursuant to division	7036
(B) of this section shall not be made available to an enrollee if	7037
any of the following applies:	7038

(1) The enrollee is, or is eligible to be, covered for	7039
benefits at least comparable to the nongroup contract under any of	7040
the following:	7041

(a) ~~The medical assistance program under Chapter 5111. of the~~	7042
~~Revised Code~~Medicaid;	7043

(b) ~~Title XVIII of the "Social Security Act," 49 Stat. 620~~	7044
~~(1935), 42 U.S.C.A. 301, as amended~~The children's buy-in program;	7045

7046

(d) Any act of congress or law under this or any other state	7047
of the United States providing coverage at least comparable to the	7048
benefits offered under division (C)(1)(a) or, (b), or (c) of this	7049
section.	7050

(2) The nongroup contract under which the enrollee was	7051
covered was terminated due to nonpayment of a premium rate.	7052

(3) The enrollee is eligible for group coverage provided by,	7053
or available through, an employer or association and the group	7054
coverage provides benefits comparable to the benefits provided	7055
under a direct payment contract.	7056

(D) The direct payment contract offered pursuant to division	7057
(B) of this section shall provide benefits that are at least	7058
comparable to the benefits provided by the nongroup contract under	7059
which the enrollee was covered at the time of the occurrence of	7060
any of the events set forth in division (B) of this section. The	7061
coverage provided under the direct payment contract shall be	7062
continuous, provided that the enrollee makes the required premium	7063
rate payment within the thirty-day period immediately following	7064
the occurrence of the event, and may be terminated for nonpayment	7065
of any required premium rate payment.	7066

(E) The evidence of coverage of every nongroup contract shall	7067
contain notice that an option for conversion to a contract issued	7068
on a direct-payment basis is available, in accordance with this	7069
section, to any enrollee covered by the contract.	7070

(F) Benefits otherwise payable to an enrollee under a direct	7071
payment contract shall be reduced by the amount of any benefits	7072
available to the enrollee under any applicable group health	7073
insuring corporation contract or group sickness and accident	7074
insurance policy.	7075

(G) Nothing in this section shall be construed as requiring a	7076
health insuring corporation to offer nongroup contracts.	7077

(H) This section does not apply to any nongroup contract	7078
offering only supplemental health care services or specialty	7079
health care services.	7080

Sec. 1751.18. (A)(1) No health insuring corporation shall	7081
cancel or fail to renew the coverage of a subscriber or enrollee	7082
because of any health status-related factor in relation to the	7083
subscriber or enrollee, the subscriber's or enrollee's	7084
requirements for health care services, or for any other reason	7085
designated under rules adopted by the superintendent of insurance.	7086

(2) Unless otherwise required by state or federal law, no	7087
health insuring corporation, or health care facility or provider	7088
through which the health insuring corporation has made	7089
arrangements to provide health care services, shall discriminate	7090
against any individual with regard to enrollment, disenrollment,	7091
or the quality of health care services rendered, on the basis of	7092
the individual's race, color, sex, age, religion, military status	7093
as defined in section 4112.01 of the Revised Code, or status as a	7094
recipient of medicare or ~~medical assistance under Title XVIII or~~	7095
~~XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	7096
~~301, as amended~~medicaid, or any health status-related factor in	7097
relation to the individual. However, a health insuring	7098
corporation shall not be required to accept a recipient of	7099
medicare or medical assistance, if an agreement has not been	7100
reached on appropriate payment mechanisms between the health	7101
insuring corporation and the governmental agency administering	7102
these programs. Further, except during a period of open	7103
enrollment under section 1751.15 of the Revised Code, a health	7104
insuring corporation may reject an applicant for nongroup	7105
enrollment on the basis of any health status-related factor in	7106
relation to the applicant.	7107

(B) A health insuring corporation may cancel or decide not to	7108
renew the coverage of an enrollee if the enrollee has performed an	7109
act or practice that constitutes fraud or intentional	7110
misrepresentation of material fact under the terms of the coverage	7111
and if the cancellation or nonrenewal is not based, either	7112
directly or indirectly, on any health status-related factor in	7113
relation to the enrollee.	7114

(C) An enrollee may appeal any action or decision of a health	7115
insuring corporation taken pursuant to section 2742(b) to (e) of	7116
the "Health Insurance Portability and Accountability Act of 1996,"	7117
Pub. L. No. 104-191, 110 Stat. 1955, 42 U.S.C.A. 300gg-42, as	7118
amended. To appeal, the enrollee may submit a written complaint	7119
to the health insuring corporation pursuant to section 1751.19 of	7120
the Revised Code. The enrollee may, within thirty days after	7121
receiving a written response from the health insuring corporation,	7122
appeal the health insuring corporation's action or decision to the	7123
superintendent.	7124

(D) As used in this section, "health status-related factor"	7125
means any of the following:	7126

(1) Health status;

7127

(2) Medical condition, including both physical and mental	7128
illnesses;	7129

(3) Claims experience;

7130

(4) Receipt of health care;

7131

(5) Medical history;

7132

(6) Genetic information;

7133

(7) Evidence of insurability, including conditions arising	7134
out of acts of domestic violence;	7135

(8) Disability.

7136

Sec. 1751.20. (A) No health insuring corporation, or agent,	7137
employee, or representative of a health insuring corporation,	7138
shall use any advertisement or solicitation document, or shall	7139
engage in any activity, that is unfair, untrue, misleading, or	7140
deceptive.	7141

(B) No health insuring corporation shall use a name that is	7142
deceptively similar to the name or description of any insurance or	7143
surety corporation doing business in this state.	7144

(C) All solicitation documents, advertisements, evidences of	7145
coverage, and enrollee identification cards used by a health	7146
insuring corporation shall contain the health insuring	7147
corporation's name. The use of a trade name, an insurance group	7148
designation, the name of a parent company, the name of a division	7149
of an affiliated insurance company, a service mark, a slogan, a	7150
symbol, or other device, without the name of the health insuring	7151
corporation as stated in its articles of incorporation, shall not	7152
satisfy this requirement if the usage would have the capacity and	7153
tendency to mislead or deceive persons as to the true identity of	7154
the health insuring corporation.	7155

(D) No solicitation document or advertisement used by a	7156
health insuring corporation shall contain any words, symbols, or	7157
physical materials that are so similar in content, phraseology,	7158
shape, color, or other characteristic to those used by an agency	7159
of the federal government or this state, that prospective	7160
enrollees may be led to believe that the solicitation document or	7161
advertisement is connected with an agency of the federal	7162
government or this state.	7163

(E) A health insuring corporation that provides basic health	7164
care services may use the phrase "health maintenance organization"	7165
or the abbreviation "HMO" in its marketing name, advertising,	7166
solicitation documents, or marketing literature, or in reference	7167
to the phrase "doing business as" or the abbreviation "DBA."	7168

(F) This section does not apply to the coverage of	7169
beneficiaries enrolled in ~~Title XVIII of the "Social Security~~	7170
~~Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~medicare	7171
pursuant to a medicare risk contract or medicare cost contract, or	7172
to the coverage of beneficiaries enrolled in the federal employee	7173
health benefits program pursuant to 5 U.S.C.A. 8905, or to the	7174
coverage of ~~beneficiaries enrolled in Title XIX of the "Social~~	7175
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	7176
~~known as the medical assistance program or~~ medicaid~~, provided by~~	7177
~~the Ohio department of job and family services under Chapter 5111.~~	7178
~~of the Revised Code~~recipients, or to the coverage of participants	7179
of the children's buy-in program, or to the coverage of	7180
beneficiaries under any federal health care program regulated by	7181
a federal regulatory body, or to the coverage of beneficiaries	7182
under any contract covering officers or employees of the state	7183
that has been entered into by the department of administrative	7184
services.	7185

Sec. 1751.31. (A) Any changes in a health insuring	7186
corporation's solicitation document shall be filed with the	7187
superintendent of insurance. The superintendent, within sixty days	7188
of filing, may disapprove any solicitation document or amendment	7189
to it on any of the grounds stated in this section. Such	7190
disapproval shall be effected by written notice to the health	7191
insuring corporation. The notice shall state the grounds for	7192
disapproval and shall be issued in accordance with Chapter 119. of	7193
the Revised Code.	7194

(B) The solicitation document shall contain all information	7195
necessary to enable a consumer to make an informed choice as to	7196
whether or not to enroll in the health insuring corporation. The	7197
information shall include a specific description of the health	7198
care services to be available and the approximate number and type	7199
of full-time equivalent medical practitioners. The information	7200
shall be presented in the solicitation document in a manner that	7201
is clear, concise, and intelligible to prospective applicants in	7202
the proposed service area.	7203

(C) Every potential applicant whose subscription to a health	7204
care plan is solicited shall receive, at or before the time of	7205
solicitation, a solicitation document approved by the	7206
superintendent.	7207

(D) Notwithstanding division (A) of this section, a health	7208
insuring corporation may use a solicitation document that the	7209
corporation uses in connection with policies for medicare	7210
beneficiaries ~~of Title XVIII of the "Social Security Act," 49~~	7211
~~Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~ pursuant to a	7212
medicare risk contract or medicare cost contract, or for policies	7213
for beneficiaries of the federal employees health benefits program	7214
pursuant to 5 U.S.C.A. 8905, or for policies for ~~beneficiaries of~~	7215
~~Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42~~	7216
~~U.S.C.A. 301, as amended, known as the medical assistance program~~	7217
or medicaid~~, provided by the department of job and family services~~	7218
~~under Chapter 5111. of the Revised Code~~recipients, or for	7219
policies for beneficiaries of any other federal health care	7220
program regulated by a federal regulatory body, or for policies	7221
for participants of the children's buy-in program, or for policies	7222
for beneficiaries of contracts covering officers or employees of	7223
the state entered into by the department of administrative	7224
services, if both of the following apply:	7225

(1) The solicitation document has been approved by the United	7226
States department of health and human services, the United States	7227
office of personnel management, the department of job and family	7228
services, or the department of administrative services.	7229

(2) The solicitation document is filed with the	7230
superintendent of insurance prior to use and is accompanied by	7231
documentation of approval from the United States department of	7232
health and human services, the United States office of personnel	7233
management, the department of job and family services, or the	7234
department of administrative services.	7235

(E) No health insuring corporation, or its agents or	7236
representatives, shall use monetary or other valuable	7237
consideration, engage in misleading or deceptive practices, or	7238
make untrue, misleading, or deceptive representations to induce	7239
enrollment. Nothing in this division shall prohibit incentive	7240
forms of remuneration such as commission sales programs for the	7241
health insuring corporation's employees and agents.	7242

(F) Any person obligated for any part of a premium rate in	7243
connection with an enrollment agreement, in addition to any right	7244
otherwise available to revoke an offer, may cancel such agreement	7245
within seventy-two hours after having signed the agreement or	7246
offer to enroll. Cancellation occurs when written notice of the	7247
cancellation is given to the health insuring corporation or its	7248
agents or other representatives. A notice of cancellation mailed	7249
to the health insuring corporation shall be considered to have	7250
been filed on its postmark date.	7251

(G) Nothing in this section shall prohibit healthy lifestyle	7252
programs.	7253

Sec. 1751.34. (A) Each health insuring corporation and each	7254
applicant for a certificate of authority under this chapter shall	7255
be subject to examination by the superintendent of insurance in	7256
accordance with section 3901.07 of the Revised Code. Section	7257
3901.07 of the Revised Code shall govern every aspect of the	7258
examination, including the circumstances under and frequency with	7259
which it is conducted, the authority of the superintendent and any	7260
examiner or other person appointed by the superintendent, the	7261
liability for the assessment of expenses incurred in conducting	7262
the examination, and the remittance of the assessment to the	7263
superintendent's examination fund.	7264

(B) The director of health shall make an examination	7265
concerning the matters subject to the director's consideration in	7266
section 1751.04 of the Revised Code as often as the director	7267
considers it necessary for the protection of the interests of the	7268
people of this state, but not less frequently than once every	7269
three years. The expenses of such examinations shall be assessed	7270
against the health insuring corporation being examined in the	7271
manner in which expenses of examinations are assessed against an	7272
insurance company under section 3901.07 of the Revised Code.	7273
Nothing in this division requires the director to make an	7274
examination of aany of the following:	7275

(1) A health insuring corporation that covers solely medicaid	7276
recipients ~~of assistance under the medicaid program operated~~	7277
~~pursuant to Chapter 5111. of the Revised Code, a~~;	7278

(2) A health insuring corporation that covers solely	7279
~~recipients of assistance under the federal medicare program under~~	7280
~~Title XVIII of the "Social Security Act," 49 Stat. 62 (1935), 42~~	7281
~~U.S.C. 301, as amended, or a~~medicare beneficiaries;	7282

(3) A health insuring corporation that covers solely	7283
~~recipients of assistance under both the~~ medicaid recipients and	7284
medicare ~~programs~~beneficiaries;	7285

(4) A health insuring corporation that covers solely	7286
participants of the children's buy-in program;	7287

(5) A health insuring corporation that covers solely medicaid	7288
recipients and participants of the children's buy-in program;	7289

(6) A health insuring corporation that covers solely medicaid	7290
recipients, medicare beneficiaries, and participants of the	7291
children's buy-in program.	7292

(C) An examination, pursuant to section 3901.07 of the	7293
Revised Code, of an insurance company holding a certificate of	7294
authority under this chapter to organize and operate a health	7295
insuring corporation shall include an examination of the health	7296
insuring corporation pursuant to this section and the examination	7297
shall satisfy the requirements of divisions (A) and (B) of this	7298
section.	7299

(D) The superintendent may conduct market conduct	7300
examinations pursuant to section 3901.011 of the Revised Code of	7301
any health insuring corporation as often as the superintendent	7302
considers it necessary for the protection of the interests of	7303
subscribers and enrollees. The expenses of such market conduct	7304
examinations shall be assessed against the health insuring	7305
corporation being examined. All costs, assessments, or fines	7306
collected under this division shall be paid into the state	7307
treasury to the credit of the department of insurance operating	7308
fund.	7309

Sec. 1751.53. (A) As used in this section:

7310

(1) "Group contract" means a group health insuring	7311
corporation contract covering employees that meets either of the	7312
following conditions:	7313

(a) The contract was issued by an entity that, on ~~the~~	7314
~~effective date of this section~~June 4, 1997, holds a certificate	7315
of authority or license to operate under Chapter 1738. or 1742. of	7316
the Revised Code, and covers an employee at the time the	7317
employee's employment is terminated.	7318

(b) The contract is delivered, issued for delivery, or	7319
renewed in this state after ~~the effective date of this section~~	7320
June 4, 1997, and covers an employee at the time the employee's	7321
employment is terminated.	7322

(2) "Eligible employee" means an employee to whom all of the	7323
following apply:	7324

(a) The employee has been continuously covered under a group	7325
contract or under the contract and any prior similar group	7326
coverage replaced by the contract, during the entire three-month	7327
period preceding the termination of the employee's employment.	7328

(b) The employee is entitled, at the time of the termination	7329
of this employment, to unemployment compensation benefits under	7330
Chapter 4141. of the Revised Code.	7331

(c) The employee is not, and does not become, covered by or	7332
eligible for coverage by medicare ~~under Title XVIII of the "Social~~	7333
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended~~.	7334

(d) The employee is not, and does not become, covered by or	7335
eligible for coverage by any other insured or uninsured	7336
arrangement that provides hospital, surgical, or medical coverage	7337
for individuals in a group and under which the employee was not	7338
covered immediately prior to the termination of employment. A	7339
person eligible for continuation of coverage under this section,	7340
who is also eligible for coverage under section 3923.123 of the	7341
Revised Code, may elect either coverage, but not both. A person	7342
who elects continuation of coverage may elect any coverage	7343
available under section 3923.123 of the Revised Code upon the	7344
termination of the continuation of coverage.	7345

(B) A group contract shall provide that any eligible employee	7346
may continue the coverage under the contract, for the employee and	7347
the employee's eligible dependents, for a period of six months	7348
after the date that the group coverage would otherwise terminate	7349
by reason of the termination of the employee's employment. Each	7350
certificate of coverage issued to employees under the contract	7351
shall include a notice of the employee's privilege of	7352
continuation.	7353

(C) All of the following apply to the continuation of group	7354
coverage required under division (B) of this section:	7355

(1) Continuation need not include any supplemental health	7356
care services benefits or specialty health care services benefits	7357
provided by the group contract.	7358

(2) The employer shall notify the employee of the right of	7359
continuation at the time the employer notifies the employee of the	7360
termination of employment. The notice shall inform the employee of	7361
the amount of contribution required by the employer under division	7362
(C)(4) of this section.	7363

(3) The employee shall file a written election of	7364
continuation with the employer and pay the employer the first	7365
contribution required under division (C)(4) of this section. The	7366
request and payment must be received by the employer no later than	7367
the earlier of any of the following dates:	7368

(a) Thirty-one days after the date on which the employee's	7369
coverage would otherwise terminate;	7370

(b) Ten days after the date on which the employee's coverage	7371
would otherwise terminate, if the employer has notified the	7372
employee of the right of continuation prior to this date;	7373

(c) Ten days after the employer notifies the employee of the	7374
right of continuation, if the notice is given after the date on	7375
which the employee's coverage would otherwise terminate.	7376

(4) The employee must pay to the employer, on a monthly	7377
basis, in advance, the amount of contribution required by the	7378
employer. The amount required shall not exceed the group rate for	7379
the insurance being continued under the policy on the due date of	7380
each payment.	7381

(5) The employee's privilege to continue coverage and the	7382
coverage under any continuation ceases if any of the following	7383
occurs:	7384

(a) The employee ceases to be an eligible employee under	7385
division (A)(2)(c) or (d) of this section;	7386

(b) A period of six months expires after the date that the	7387
employee's coverage under the group contract would otherwise have	7388
terminated because of the termination of employment;	7389

(c) The employee fails to make a timely payment of a required	7390
contribution, in which event the coverage shall cease at the end	7391
of the coverage for which contributions were made;	7392

(d) The group contract is terminated, or the employer	7393
terminates participation under the contract, unless the employer	7394
replaces the coverage by similar coverage under another contract	7395
or other group health arrangement. If the employer replaces the	7396
contract with similar group health coverage, all of the following	7397
apply:	7398

(i) The member shall be covered under the replacement	7399
coverage, for the balance of the period that the member would have	7400
remained covered under the terminated coverage if it had not been	7401
terminated.	7402

(ii) The minimum level of benefits under the replacement	7403
coverage shall be the applicable level of benefits of the contract	7404
replaced reduced by any benefits payable under the contract	7405
replaced.	7406

(iii) The contract replaced shall continue to provide	7407
benefits to the extent of its accrued liabilities and extensions	7408
of benefits as if the replacement had not occurred.	7409

(D) This section does not apply to any group contract	7410
offering only supplemental health care services or specialty	7411
health care services.	7412

Sec. 1751.60. (A) Except as provided for in divisions (E)	7413
and (F) of this section, every provider or health care facility	7414
that contracts with a health insuring corporation to provide	7415
health care services to the health insuring corporation's	7416
enrollees or subscribers shall seek compensation for covered	7417
services solely from the health insuring corporation and not,	7418
under any circumstances, from the enrollees or subscribers, except	7419
for approved copayments and deductibles.	7420

(B) No subscriber or enrollee of a health insuring	7421
corporation is liable to any contracting provider or health care	7422
facility for the cost of any covered health care services, if the	7423
subscriber or enrollee has acted in accordance with the evidence	7424
of coverage.	7425

(C) Except as provided for in divisions (E) and (F) of this	7426
section, every contract between a health insuring corporation and	7427
provider or health care facility shall contain a provision	7428
approved by the superintendent of insurance requiring the provider	7429
or health care facility to seek compensation solely from the	7430
health insuring corporation and not, under any circumstances, from	7431
the subscriber or enrollee, except for approved copayments and	7432
deductibles.	7433

(D) Nothing in this section shall be construed as preventing	7434
a provider or health care facility from billing the enrollee or	7435
subscriber of a health insuring corporation for noncovered	7436
services.	7437

(E) Upon application by a health insuring corporation and a	7438
provider or health care facility, the superintendent may waive the	7439
requirements of divisions (A) and (C) of this section when, in	7440
addition to the reserve requirements contained in section 1751.28	7441
of the Revised Code, the health insuring corporation provides	7442
sufficient assurances to the superintendent that the provider or	7443
health care facility has been provided with financial guarantees.	7444
No waiver of the requirements of divisions (A) and (C) of this	7445
section is effective as to enrollees or subscribers for whom the	7446
health insuring corporation is compensated under a provider	7447
agreement or risk contract entered into pursuant to Chapter 5111.	7448
or 5115. of the Revised Code or under the children's buy-in	7449
program.	7450

(F) The requirements of divisions (A) to (C) of this section	7451
apply only to health care services provided to an enrollee or	7452
subscriber prior to the effective date of a termination of a	7453
contract between the health insuring corporation and the provider	7454
or health care facility.	7455

Sec. 1751.89. Sections 1751.77 to 1751.85 of the Revised	7456
Code do not apply to either of the following:	7457

(A) Coverage provided to beneficiaries enrolled in the	7458
medicare~~...~~+choice program operated under Title XVIII of the	7459
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	7460
amended;	7461

(B) Coverage provided to medicaid recipients ~~of assistance~~	7462
~~under the medicaid program operated pursuant to Chapter 5111. of~~	7463
~~the Revised Code~~;	7464

(C) Coverage provided to participants of the children's	7465
buy-in program.	7466

Sec. 2743.49. (A)(1) In January of each odd-numbered year,	7467
the auditor of state, in accordance with this division and	7468
division (A)(2) of this section, shall adjust the actual dollar	7469
figure specified in division (E)(2)(b) of section 2743.48 of the	7470
Revised Code or the actual dollar amount determined pursuant to	7471
this section. The adjustment shall be based on the yearly average	7472
of the previous two years of the consumer price index for all	7473
urban consumers or its successive equivalent, as determined by the	7474
United States department of labor, bureau of labor statistics, or	7475
its successor in responsibility, for all items, Series A. ~~The~~	7476
~~auditor of state shall calculate the adjustment in the following~~	7477
~~manner:~~	7478

~~(a) First, using the yearly average for the immediately~~	7479
~~preceding odd-numbered year as the base year, the auditor of state~~	7480
~~shall compare the most current average consumer price index with~~	7481
~~that determined in the even-numbered year immediately preceding~~	7482
~~that odd-numbered year and shall determine the percentage increase~~	7483
~~or decrease. The auditor of state shall multiply the percentage~~	7484
~~increase or decrease by the actual dollar figure specified in~~	7485
~~division (E)(2)(b) of section 2743.48 of the Revised Code or the~~	7486
~~actual dollar figure determined for the previous odd-numbered year~~	7487
~~under this section and shall add the product to or subtract the~~	7488
~~product from its corresponding actual dollar figure, as~~	7489
~~applicable, for the previous odd-numbered year.~~	7490

~~(b) Second, using~~Using the yearly average for the	7491
immediately preceding even-numbered year as the base year, the	7492
auditor of state shall compare the most current average consumer	7493
price index with that determined in the preceding odd-numbered	7494
year ~~immediately preceding that even-numbered year~~ and shall	7495
determine the percentage increase or decrease. The auditor of	7496
state shall multiply the percentage increase or decrease by the	7497
actual dollar figure specified in division (E)(2)(b) of section	7498
2743.48 of the Revised Code or the actual dollar figure determined	7499
under ~~division (A)(1)(a) of~~ this section for the previous	7500
~~even-numbered~~odd-numbered year and shall add the product to or	7501
subtract the product from its corresponding actual dollar figure,	7502
as applicable, for the previous odd-numbered year. ~~The resulting~~	7503
~~figure is the adjusted dollar amount determined under this section~~	7504
~~for purposes of this section and section 2743.48 of the Revised~~	7505
~~Code.~~	7506

(2) The auditor of state shall calculate the adjustment under	7507
division (A)(1) of this section on or before the thirty-first day	7508
of January of each odd-numbered year. The auditor of state shall	7509
base the adjustment on the most current consumer price index that	7510
is described in division (A)(1) of this section and that is in	7511
effect as of the first day of January of each odd-numbered year.	7512

(B)(1) The auditor of state shall certify the calculations	7513
made under division (A) of this section on or before the	7514
thirty-first day of January of each odd-numbered year.	7515

(2) On or before the fifteenth day of February of each	7516
odd-numbered year, the auditor of state shall prepare a report	7517
setting forth the amount that a wrongfully imprisoned individual	7518
is entitled to for each full year of imprisonment in the state	7519
correctional institution for the offense of which the wrongfully	7520
imprisoned individual was found guilty as provided in division	7521
(E)(2)(b) of section ~~2743.49~~2743.48 of the Revised Code and as	7522
calculated in accordance with this section. The report and all	7523
documents relating to the calculations contained in the report are	7524
public records. The report shall contain an indication of the	7525
period in which the calculated amount applies, a summary of how	7526
the amount was calculated, and a statement that the report and all	7527
related documents are available for inspection and copying at the	7528
office of the auditor of state.	7529

(3) On or before the fifteenth day of February of each	7530
odd-numbered year, the auditor of state shall transmit the report	7531
to the general assembly and to the court of claims.	7532

Sec. 2744.05. Notwithstanding any other provisions of the	7533
Revised Code or rules of a court to the contrary, in an action	7534
against a political subdivision to recover damages for injury,	7535
death, or loss to person or property caused by an act or omission	7536
in connection with a governmental or proprietary function:	7537

(A) Punitive or exemplary damages shall not be awarded.

7538

(B)(1) If a claimant receives or is entitled to receive	7539
benefits for injuries or loss allegedly incurred from a policy or	7540
policies of insurance or any other source, the benefits shall be	7541
disclosed to the court, and the amount of the benefits shall be	7542
deducted from any award against a political subdivision recovered	7543
by that claimant. No insurer or other person is entitled to bring	7544
an action under a subrogation provision in an insurance or other	7545
contract against a political subdivision with respect to those	7546
benefits.	7547

The amount of the benefits shall be deducted from an award	7548
against a political subdivision under division (B)(1) of this	7549
section regardless of whether the claimant may be under an	7550
obligation to pay back the benefits upon recovery, in whole or in	7551
part, for the claim. A claimant whose benefits have been deducted	7552
from an award under division (B)(1) of this section is not	7553
considered fully compensated and shall not be required to	7554
reimburse a subrogated claim for benefits deducted from an award	7555
pursuant to division (B)(1) of this section.	7556

(2) Nothing in division (B)(1) of this section shall be	7557
construed to do either of the following:	7558

(a) Limit the rights of a beneficiary under a life insurance	7559
policy or the rights of sureties under fidelity or surety bonds;	7560

(b) Prohibit the department of job and family services from	7561
recovering from the political subdivision, pursuant to section	7562
5101.58 of the Revised Code, the cost of medical assistance	7563
benefits provided under sections 5101.5211 to 5101.5216 or Chapter	7564
5107., 5111., or 5115. of the Revised Code.	7565

(C)(1) There shall not be any limitation on compensatory	7566
damages that represent the actual loss of the person who is	7567
awarded the damages. However, except in wrongful death actions	7568
brought pursuant to Chapter 2125. of the Revised Code, damages	7569
that arise from the same cause of action, transaction or	7570
occurrence, or series of transactions or occurrences and that do	7571
not represent the actual loss of the person who is awarded the	7572
damages shall not exceed two hundred fifty thousand dollars in	7573
favor of any one person. The limitation on damages that do not	7574
represent the actual loss of the person who is awarded the damages	7575
provided in this division does not apply to court costs that are	7576
awarded to a plaintiff, or to interest on a judgment rendered in	7577
favor of a plaintiff, in an action against a political	7578
subdivision.	7579

(2) As used in this division, "the actual loss of the person	7580
who is awarded the damages" includes all of the following:	7581

(a) All wages, salaries, or other compensation lost by the	7582
person injured as a result of the injury, including wages,	7583
salaries, or other compensation lost as of the date of a judgment	7584
and future expected lost earnings of the person injured;	7585

(b) All expenditures of the person injured or another person	7586
on behalf of the person injured for medical care or treatment, for	7587
rehabilitation services, or for other care, treatment, services,	7588
products, or accommodations that were necessary because of the	7589
injury;	7590

(c) All expenditures to be incurred in the future, as	7591
determined by the court, by the person injured or another person	7592
on behalf of the person injured for medical care or treatment, for	7593
rehabilitation services, or for other care, treatment, services,	7594
products, or accommodations that will be necessary because of the	7595
injury;	7596

(d) All expenditures of a person whose property was injured	7597
or destroyed or of another person on behalf of the person whose	7598
property was injured or destroyed in order to repair or replace	7599
the property that was injured or destroyed;	7600

(e) All expenditures of the person injured or of the person	7601
whose property was injured or destroyed or of another person on	7602
behalf of the person injured or of the person whose property was	7603
injured or destroyed in relation to the actual preparation or	7604
presentation of the claim involved;	7605

(f) Any other expenditures of the person injured or of the	7606
person whose property was injured or destroyed or of another	7607
person on behalf of the person injured or of the person whose	7608
property was injured or destroyed that the court determines	7609
represent an actual loss experienced because of the personal or	7610
property injury or property loss.	7611

"The actual loss of the person who is awarded the damages"	7612
does not include any fees paid or owed to an attorney for any	7613
services rendered in relation to a personal or property injury or	7614
property loss, and does not include any damages awarded for pain	7615
and suffering, for the loss of society, consortium, companionship,	7616
care, assistance, attention, protection, advice, guidance,	7617
counsel, instruction, training, or education of the person	7618
injured, for mental anguish, or for any other intangible loss.	7619

Sec. 2903.12. (A) No person, while under the influence of	7620
sudden passion or in a sudden fit of rage, either of which is	7621
brought on by serious provocation occasioned by the victim that is	7622
reasonably sufficient to incite the person into using deadly	7623
force, shall knowingly:	7624

(1) Cause serious physical harm to another or to another's	7625
unborn;	7626

(2) Cause or attempt to cause physical harm to another or to	7627
another's unborn by means of a deadly weapon or dangerous	7628
ordnance, as defined in section 2923.11 of the Revised Code.	7629

(B) Whoever violates this section is guilty of aggravated	7630
assault, a felony of the fourth degree. If the victim of the	7631
offense is a peace officer, an arson investigator, or an	7632
investigator of the bureau of criminal identification and	7633
investigation, aggravated assault is a felony of the third degree.	7634
If the victim of the offense is a peace officer, an arson	7635
investigator, or an investigator of the bureau of criminal	7636
identification and investigation, and if the victim suffered	7637
serious physical harm as a result of the commission of the	7638
offense, aggravated assault is a felony of the third degree, and	7639
the court, pursuant to division (F) of section 2929.13 of the	7640
Revised Code, shall impose as a mandatory prison term one of the	7641
prison terms prescribed for a felony of the third degree.	7642

7643

(1) "Investigator of the bureau of criminal identification	7644
and investigation" has the same meaning as in section 2903.11 of	7645
the Revised Code.	7646

(2) "Peace officer" has the same meaning as in section	7647
2935.01 of the Revised Code.	7648

Sec. 2903.213. (A) Except when the complaint involves a	7649
person who is a family or household member as defined in section	7650
2919.25 of the Revised Code, upon the filing of a complaint that	7651
alleges a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	7652
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	7653
a municipal ordinance substantially similar to section 2903.13,	7654
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or	7655
the commission of a sexually oriented offense, the complainant,	7656
the alleged victim, or a family or household member of an alleged	7657
victim may file a motion that requests the issuance of a	7658
protection order as a pretrial condition of release of the alleged	7659
offender, in addition to any bail set under Criminal Rule 46. The	7660
motion shall be filed with the clerk of the court that has	7661
jurisdiction of the case at any time after the filing of the	7662
complaint. If the complaint involves a person who is a family or	7663
household member, the complainant, the alleged victim, or the	7664
family or household member may file a motion for a temporary	7665
protection order pursuant to section 2919.26 of the Revised Code.	7666

(B) A motion for a protection order under this section shall	7667
be prepared on a form that is provided by the clerk of the court,	7668
and the form shall be substantially as follows:	7669

"Motion for Protection Order	7670

............................	7671

Name and address of court	7672

State of Ohio	7673

No. ..........

7674

.............................	7675

Name of Defendant	7676

(Name of person), moves the court to issue a protection order	7677
containing terms designed to ensure the safety and protection of	7678
the complainant or the alleged victim in the above-captioned case,	7679
in relation to the named defendant, pursuant to its authority to	7680
issue a protection order under section 2903.213 of the Revised	7681
Code.	7682

A complaint, a copy of which has been attached to this	7683
motion, has been filed in this court charging the named defendant	7684
with a violation of section 2903.11, 2903.12, 2903.13, 2903.21,	7685
2903.211, 2903.22, or 2911.211 of the Revised Code, a violation of	7686
a municipal ordinance substantially similar to section 2903.13,	7687
2903.21, 2903.211, 2903.22, or 2911.211 of the Revised Code, or	7688
the commission of a sexually oriented offense.	7689

I understand that I must appear before the court, at a time	7690
set by the court not later than the next day that the court is in	7691
session after the filing of this motion, for a hearing on the	7692
motion, and that any protection order granted pursuant to this	7693
motion is a pretrial condition of release and is effective only	7694
until the disposition of the criminal proceeding arising out of	7695
the attached complaint or until the issuance under section	7696
2903.214 of the Revised Code of a protection order arising out of	7697
the same activities as those that were the basis of the attached	7698
complaint.	7699

.....................................	7700

Signature of person	7701

.....................................	7702

Address of person"	7703

(C)(1) As soon as possible after the filing of a motion that	7704
requests the issuance of a protection order under this section,	7705
but not later than the next day that the court is in session after	7706
the filing of the motion, the court shall conduct a hearing to	7707
determine whether to issue the order. The person who requested the	7708
order shall appear before the court and provide the court with the	7709
information that it requests concerning the basis of the motion.	7710
If the court finds that the safety and protection of the	7711
complainant or the alleged victim may be impaired by the continued	7712
presence of the alleged offender, the court may issue a protection	7713
order under this section, as a pretrial condition of release, that	7714
contains terms designed to ensure the safety and protection of the	7715
complainant or the alleged victim, including a requirement that	7716
the alleged offender refrain from entering the residence, school,	7717
business, or place of employment of the complainant or the alleged	7718
victim.	7719

(2)(a) If the court issues a protection order under this	7720
section that includes a requirement that the alleged offender	7721
refrain from entering the residence, school, business, or place of	7722
employment of the complainant or the alleged victim, the order	7723
shall clearly state that the order cannot be waived or nullified	7724
by an invitation to the alleged offender from the complainant, the	7725
alleged victim, or a family or household member to enter the	7726
residence, school, business, or place of employment or by the	7727
alleged offender's entry into one of those places otherwise upon	7728
the consent of the complainant, the alleged victim, or a family or	7729
household member.	7730

(b) Division (C)(2)(a) of this section does not limit any	7731
discretion of a court to determine that an alleged offender	7732
charged with a violation of section 2919.27 of the Revised Code,	7733
with a violation of a municipal ordinance substantially equivalent	7734
to that section, or with contempt of court, which charge is based	7735
on an alleged violation of a protection order issued under this	7736
section, did not commit the violation or was not in contempt of	7737
court.	7738

(D)(1) Except when the complaint involves a person who is a	7739
family or household member as defined in section 2919.25 of the	7740
Revised Code, upon the filing of a complaint that alleges a	7741
violation specified in division (A) of this section, the court,	7742
upon its own motion, may issue a protection order under this	7743
section as a pretrial condition of release of the alleged offender	7744
if it finds that the safety and protection of the complainant or	7745
the alleged victim may be impaired by the continued presence of	7746
the alleged offender.	7747

(2) If the court issues a protection order under this section	7748
as an ex parte order, it shall conduct, as soon as possible after	7749
the issuance of the order but not later than the next day that the	7750
court is in session after its issuance, a hearing to determine	7751
whether the order should remain in effect, be modified, or be	7752
revoked. The hearing shall be conducted under the standards set	7753
forth in division (C) of this section.	7754

(3) If a municipal court or a county court issues a	7755
protection order under this section and if, subsequent to the	7756
issuance of the order, the alleged offender who is the subject of	7757
the order is bound over to the court of common pleas for	7758
prosecution of a felony arising out of the same activities as	7759
those that were the basis of the complaint upon which the order is	7760
based, notwithstanding the fact that the order was issued by a	7761
municipal court or county court, the order shall remain in effect,	7762
as though it were an order of the court of common pleas, while the	7763
charges against the alleged offender are pending in the court of	7764
common pleas, for the period of time described in division (E)(2)	7765
of this section, and the court of common pleas has exclusive	7766
jurisdiction to modify the order issued by the municipal court or	7767
county court. This division applies when the alleged offender is	7768
bound over to the court of common pleas as a result of the person	7769
waiving a preliminary hearing on the felony charge, as a result of	7770
the municipal court or county court having determined at a	7771
preliminary hearing that there is probable cause to believe that	7772
the felony has been committed and that the alleged offender	7773
committed it, as a result of the alleged offender having been	7774
indicted for the felony, or in any other manner.	7775

(E) A protection order that is issued as a pretrial condition	7776
of release under this section:	7777

(1) Is in addition to, but shall not be construed as a part	7778
of, any bail set under Criminal Rule 46;	7779

(2) Is effective only until the disposition, by the court	7780
that issued the order or, in the circumstances described in	7781
division (D)(3) of this section, by the court of common pleas to	7782
which the alleged offender is bound over for prosecution, of the	7783
criminal proceeding arising out of the complaint upon which the	7784
order is based or until the issuance under section 2903.214 of the	7785
Revised Code of a protection order arising out of the same	7786
activities as those that were the basis of the complaint filed	7787
under this section;	7788

(3) Shall not be construed as a finding that the alleged	7789
offender committed the alleged offense and shall not be introduced	7790
as evidence of the commission of the offense at the trial of the	7791
alleged offender on the complaint upon which the order is based.	7792

(F) A person who meets the criteria for bail under Criminal	7793
Rule 46 and who, if required to do so pursuant to that rule,	7794
executes or posts bond or deposits cash or securities as bail,	7795
shall not be held in custody pending a hearing before the court on	7796
a motion requesting a protection order under this section.	7797

(G)(1) A copy of a protection order that is issued under this	7798
section shall be issued by the court to the complainant, to the	7799
alleged victim, to the person who requested the order, to the	7800
defendant, and to all law enforcement agencies that have	7801
jurisdiction to enforce the order. The court shall direct that a	7802
copy of the order be delivered to the defendant on the same day	7803
that the order is entered. If a municipal court or a county court	7804
issues a protection order under this section and if, subsequent to	7805
the issuance of the order, the defendant who is the subject of the	7806
order is bound over to the court of common pleas for prosecution	7807
as described in division (D)(3) of this section, the municipal	7808
court or county court shall direct that a copy of the order be	7809
delivered to the court of common pleas to which the defendant is	7810
bound over.	7811

(2) Upon the issuance of a protection order under this	7812
section, the court shall provide the parties to the order with the	7813
following notice orally or by form:	7814

"NOTICE	7815

If you are convicted of a misdemeanor crime involving	7816
violence in which you are or were a spouse, intimate partner,	7817
parent, or guardian of the victim or are or were involved in	7818
another, similar relationship with the victim, it may be unlawful	7819
for you to possess or purchase a firearm, including a rifle,	7820
pistol, or revolver, or ammunition pursuant to federal law under	7821
18 U.S.C. 922(g)(9). If you have any questions whether this law	7822
makes it illegal for you to possess or purchase a firearm or	7823
ammunition, you should consult an attorney."	7824

(3) All law enforcement agencies shall establish and maintain	7825
an index for the protection orders delivered to the agencies	7826
pursuant to division (G)(1) of this section. With respect to each	7827
order delivered, each agency shall note on the index the date and	7828
time of the agency's receipt of the order.	7829

~~(3)~~(4) Regardless of whether the petitioner has registered	7830
the protection order in the county in which the officer's agency	7831
has jurisdiction, any officer of a law enforcement agency shall	7832
enforce a protection order issued pursuant to this section in	7833
accordance with the provisions of the order.	7834

(H) Upon a violation of a protection order issued pursuant to	7835
this section, the court may issue another protection order under	7836
this section, as a pretrial condition of release, that modifies	7837
the terms of the order that was violated.	7838

(I) Notwithstanding any provision of law to the contrary and	7839
regardless of whether a protection order is issued or a consent	7840
agreement is approved by a court of another county or by a court	7841
of another state, no court or unit of state or local government	7842
shall charge any fee, cost, deposit, or money in connection with	7843
the filing of a motion pursuant to this section, in connection	7844
with the filing, issuance, registration, or service of a	7845
protection order or consent agreement, or for obtaining certified	7846
copies of a protection order or consent agreement.	7847

(J) As used in this section, "sexually oriented offense" has	7848
the same meaning as in section 2950.01 of the Revised Code.	7849

Sec. 2903.214. (A) As used in this section:

7850

(1) "Court" means the court of common pleas of the county in	7851
which the person to be protected by the protection order resides.	7852

(2) "Victim advocate" means a person who provides support and	7853
assistance for a person who files a petition under this section.	7854

(3) "Family or household member" has the same meaning as in	7855
section 3113.31 of the Revised Code.	7856

(4) "Protection order issued by a court of another state" has	7857
the same meaning as in section 2919.27 of the Revised Code.	7858

(5) "Sexually oriented offense" has the same meaning as in	7859
section 2950.01 of the Revised Code.	7860

(B) The court has jurisdiction over all proceedings under	7861
this section.	7862

(C) A person may seek relief under this section for the	7863
person, or any parent or adult household member may seek relief	7864
under this section on behalf of any other family or household	7865
member, by filing a petition with the court. The petition shall	7866
contain or state both of the following:	7867

(1) An allegation that the respondent engaged in a violation	7868
of section 2903.211 of the Revised Code against the person to be	7869
protected by the protection order or committed a sexually oriented	7870
offense against the person to be protected by the protection	7871
order, including a description of the nature and extent of the	7872
violation;	7873

(2) A request for relief under this section.

7874

(D)(1) If a person who files a petition pursuant to this	7875
section requests an ex parte order, the court shall hold an ex	7876
parte hearing as soon as possible after the petition is filed, but	7877
not later than the next day that the court is in session after the	7878
petition is filed. The court, for good cause shown at the ex	7879
parte hearing, may enter any temporary orders, with or without	7880
bond, that the court finds necessary for the safety and protection	7881
of the person to be protected by the order. Immediate and present	7882
danger to the person to be protected by the protection order	7883
constitutes good cause for purposes of this section. Immediate and	7884
present danger includes, but is not limited to, situations in	7885
which the respondent has threatened the person to be protected by	7886
the protection order with bodily harm or in which the respondent	7887
previously has been convicted of or pleaded guilty to a violation	7888
of section 2903.211 of the Revised Code or a sexually oriented	7889
offense against the person to be protected by the protection	7890
order.	7891

(2)(a) If the court, after an ex parte hearing, issues a	7892
protection order described in division (E) of this section, the	7893
court shall schedule a full hearing for a date that is within ten	7894
court days after the ex parte hearing. The court shall give the	7895
respondent notice of, and an opportunity to be heard at, the full	7896
hearing. The court shall hold the full hearing on the date	7897
scheduled under this division unless the court grants a	7898
continuance of the hearing in accordance with this division. Under	7899
any of the following circumstances or for any of the following	7900
reasons, the court may grant a continuance of the full hearing to	7901
a reasonable time determined by the court:	7902

(i) Prior to the date scheduled for the full hearing under	7903
this division, the respondent has not been served with the	7904
petition filed pursuant to this section and notice of the full	7905
hearing.	7906

(ii) The parties consent to the continuance.

7907

(iii) The continuance is needed to allow a party to obtain	7908
counsel.	7909

(iv) The continuance is needed for other good cause.

7910

(b) An ex parte order issued under this section does not	7911
expire because of a failure to serve notice of the full hearing	7912
upon the respondent before the date set for the full hearing under	7913
division (D)(2)(a) of this section or because the court grants a	7914
continuance under that division.	7915

(3) If a person who files a petition pursuant to this section	7916
does not request an ex parte order, or if a person requests an ex	7917
parte order but the court does not issue an ex parte order after	7918
an ex parte hearing, the court shall proceed as in a normal civil	7919
action and grant a full hearing on the matter.	7920

(E)(1) After an ex parte or full hearing, the court may issue	7921
any protection order, with or without bond, that contains terms	7922
designed to ensure the safety and protection of the person to be	7923
protected by the protection order, including, but not limited to,	7924
a requirement that the respondent refrain from entering the	7925
residence, school, business, or place of employment of the	7926
petitioner or family or household member. If the court includes a	7927
requirement that the respondent refrain from entering the	7928
residence, school, business, or place of employment of the	7929
petitioner or family or household member in the order, it also	7930
shall include in the order provisions of the type described in	7931
division (E)(5) of this section.	7932

(2)(a) Any protection order issued pursuant to this section	7933
shall be valid until a date certain but not later than five years	7934
from the date of its issuance.	7935

(b) Any protection order issued pursuant to this section may	7936
be renewed in the same manner as the original order was issued.	7937

(3) A court may not issue a protection order that requires a	7938
petitioner to do or to refrain from doing an act that the court	7939
may require a respondent to do or to refrain from doing under	7940
division (E)(1) of this section unless all of the following apply:	7941

(a) The respondent files a separate petition for a protection	7942
order in accordance with this section.	7943

(b) The petitioner is served with notice of the respondent's	7944
petition at least forty-eight hours before the court holds a	7945
hearing with respect to the respondent's petition, or the	7946
petitioner waives the right to receive this notice.	7947

(c) If the petitioner has requested an ex parte order	7948
pursuant to division (D) of this section, the court does not delay	7949
any hearing required by that division beyond the time specified in	7950
that division in order to consolidate the hearing with a hearing	7951
on the petition filed by the respondent.	7952

(d) After a full hearing at which the respondent presents	7953
evidence in support of the request for a protection order and the	7954
petitioner is afforded an opportunity to defend against that	7955
evidence, the court determines that the petitioner has committed a	7956
violation of section 2903.211 of the Revised Code against the	7957
person to be protected by the protection order issued pursuant to	7958
this section, has committed a sexually oriented offense against	7959
the person to be protected by the protection order, or has	7960
violated a protection order issued pursuant to section 2903.213 of	7961
the Revised Code relative to the person to be protected by the	7962
protection order issued pursuant to this section.	7963

(4) No protection order issued pursuant to this section shall	7964
in any manner affect title to any real property.	7965

(5)(a) If the court issues a protection order under this	7966
section that includes a requirement that the alleged offender	7967
refrain from entering the residence, school, business, or place of	7968
employment of the petitioner or a family or household member, the	7969
order shall clearly state that the order cannot be waived or	7970
nullified by an invitation to the alleged offender from the	7971
complainant to enter the residence, school, business, or place of	7972
employment or by the alleged offender's entry into one of those	7973
places otherwise upon the consent of the petitioner or family or	7974
household member.	7975

(b) Division (E)(5)(a) of this section does not limit any	7976
discretion of a court to determine that an alleged offender	7977
charged with a violation of section 2919.27 of the Revised Code,	7978
with a violation of a municipal ordinance substantially equivalent	7979
to that section, or with contempt of court, which charge is based	7980
on an alleged violation of a protection order issued under this	7981
section, did not commit the violation or was not in contempt of	7982
court.	7983

(F)(1) The court shall cause the delivery of a copy of any	7984
protection order that is issued under this section to the	7985
petitioner, to the respondent, and to all law enforcement agencies	7986
that have jurisdiction to enforce the order. The court shall	7987
direct that a copy of the order be delivered to the respondent on	7988
the same day that the order is entered.	7989

(2) Upon the issuance of a protection order under this	7990
section, the court shall provide the parties to the order with the	7991
following notice orally or by form:	7992

"NOTICE	7993

As a result of this order, it may be unlawful for you to	7994
possess or purchase a firearm, including a rifle, pistol, or	7995
revolver, or ammunition pursuant to federal law under 18 U.S.C.	7996
922(g)(8). If you have any questions whether this law makes it	7997
illegal for you to possess or purchase a firearm or ammunition,	7998
you should consult an attorney."	7999

(3) All law enforcement agencies shall establish and maintain	8000
an index for the protection orders delivered to the agencies	8001
pursuant to division (F)(1) of this section. With respect to each	8002
order delivered, each agency shall note on the index the date and	8003
time that it received the order.	8004

~~(3)~~(4) Regardless of whether the petitioner has registered	8005
the protection order in the county in which the officer's agency	8006
has jurisdiction pursuant to division (M) of this section, any	8007
officer of a law enforcement agency shall enforce a protection	8008
order issued pursuant to this section by any court in this state	8009
in accordance with the provisions of the order, including removing	8010
the respondent from the premises, if appropriate.	8011

(G) Any proceeding under this section shall be conducted in	8012
accordance with the Rules of Civil Procedure, except that a	8013
protection order may be obtained under this section with or	8014
without bond. An order issued under this section, other than an	8015
ex parte order, that grants a protection order, or that refuses to	8016
grant a protection order, is a final, appealable order. The	8017
remedies and procedures provided in this section are in addition	8018
to, and not in lieu of, any other available civil or criminal	8019
remedies.	8020

(H) The filing of proceedings under this section does not	8021
excuse a person from filing any report or giving any notice	8022
required by section 2151.421 of the Revised Code or by any other	8023
law.	8024

(I) Any law enforcement agency that investigates an alleged	8025
violation of section 2903.211 of the Revised Code or an alleged	8026
commission of a sexually oriented offense shall provide	8027
information to the victim and the family or household members of	8028
the victim regarding the relief available under this section and	8029
section 2903.213 of the Revised Code.	8030

(J) Notwithstanding any provision of law to the contrary and	8031
regardless of whether a protection order is issued or a consent	8032
agreement is approved by a court of another county or by a court	8033
of another state, no court or unit of state or local government	8034
shall charge any fee, cost, deposit, or money in connection with	8035
the filing of a petition pursuant to this section, in connection	8036
with the filing, issuance, registration, or service of a	8037
protection order or consent agreement, or for obtaining a	8038
certified copy of a protection order or consent agreement.	8039

(K)(1) A person who violates a protection order issued under	8040
this section is subject to the following sanctions:	8041

(a) Criminal prosecution for a violation of section 2919.27	8042
of the Revised Code, if the violation of the protection order	8043
constitutes a violation of that section;	8044

(b) Punishment for contempt of court.

8045

(2) The punishment of a person for contempt of court for	8046
violation of a protection order issued under this section does not	8047
bar criminal prosecution of the person for a violation of section	8048
2919.27 of the Revised Code. However, a person punished for	8049
contempt of court is entitled to credit for the punishment imposed	8050
upon conviction of a violation of that section, and a person	8051
convicted of a violation of that section shall not subsequently be	8052
punished for contempt of court arising out of the same activity.	8053

(L) In all stages of a proceeding under this section, a	8054
petitioner may be accompanied by a victim advocate.	8055

(M)(1) A petitioner who obtains a protection order under this	8056
section or a protection order under section 2903.213 of the	8057
Revised Code may provide notice of the issuance or approval of the	8058
order to the judicial and law enforcement officials in any county	8059
other than the county in which the order is issued by registering	8060
that order in the other county pursuant to division (M)(2) of this	8061
section and filing a copy of the registered order with a law	8062
enforcement agency in the other county in accordance with that	8063
division. A person who obtains a protection order issued by a	8064
court of another state may provide notice of the issuance of the	8065
order to the judicial and law enforcement officials in any county	8066
of this state by registering the order in that county pursuant to	8067
section 2919.272 of the Revised Code and filing a copy of the	8068
registered order with a law enforcement agency in that county.	8069

(2) A petitioner may register a protection order issued	8070
pursuant to this section or section 2903.213 of the Revised Code	8071
in a county other than the county in which the court that issued	8072
the order is located in the following manner:	8073

(a) The petitioner shall obtain a certified copy of the order	8074
from the clerk of the court that issued the order and present that	8075
certified copy to the clerk of the court of common pleas or the	8076
clerk of a municipal court or county court in the county in which	8077
the order is to be registered.	8078

(b) Upon accepting the certified copy of the order for	8079
registration, the clerk of the court of common pleas, municipal	8080
court, or county court shall place an endorsement of registration	8081
on the order and give the petitioner a copy of the order that	8082
bears that proof of registration.	8083

(3) The clerk of each court of common pleas, municipal court,	8084
or county court shall maintain a registry of certified copies of	8085
protection orders that have been issued by courts in other	8086
counties pursuant to this section or section 2903.213 of the	8087
Revised Code and that have been registered with the clerk.	8088

Sec. 2907.10. (A)(1) A peace officer, prosecutor, or public	8089
official shall not ask or require a victim of an alleged sex	8090
offense to submit to a polygraph examination as a condition to the	8091
investigation of the alleged sex offense, the filing of criminal	8092
charges with respect to the alleged sex offense, or the	8093
prosecution of the alleged perpetrator of the alleged sex offense.	8094

(2) The refusal of the victim of an alleged sex offense to	8095
submit to a polygraph examination shall not prevent the	8096
investigation of the alleged sex offense, the filing of criminal	8097
charges with respect to the alleged sex offense, or the	8098
prosecution of the alleged perpetrator of the alleged sex offense.	8099

(3) The refusal of the victim of an alleged sex offense to	8100
submit to a polygraph examination shall not be commented on at	8101
trial or in any court proceeding.	8102

(B) As used in this section:

8103

(1) "Peace officer" has the same meaning as in section	8104
2921.51 of the Revised Code.	8105

(2) "Polygraph examination" means any mechanical or	8106
electrical instrument or device of any type used or allegedly used	8107
to examine, test, or question an individual for the purpose of	8108
determining the individual's truthfulness.	8109

(3) "Prosecution" means the prosecution of criminal charges	8110
in a criminal prosecution or the prosecution of a delinquent child	8111
complaint in a delinquency proceeding.	8112

(4) "Prosecutor" has the same meaning as in section 2935.01	8113
of the Revised Code.	8114

(5) "Public official" has the same meaning as in section	8115
117.01 of the Revised Code.	8116

(6) "Sex offense" means a violation of any provision of	8117
sections 2907.02 to 2907.09 of the Revised Code.	8118

Sec. 2915.101. Except as otherwise provided by law, a	8119
charitable organization that conducts instant bingo shall	8120
distribute the net profit from the proceeds of the sale of instant	8121
bingo as follows:	8122

(A)(1) If a veteran's organization, a fraternal organization,	8123
or a sporting organization conducted the instant bingo, the	8124
organization shall distribute the net profit from the proceeds of	8125
the sale of instant bingo, as follows:	8126

(a) For the first ~~seventy-five~~one hundred fifty thousand	8127
dollars, or a greater amount prescribed by the attorney general to	8128
adjust for changes in prices as measured by the consumer price	8129
index as defined in section 325.18 of the Revised Code and other	8130
factors affecting the organization's expenses as defined in	8131
division (LL) of section 2915.01 of the Revised Code, or less of	8132
net profit from the proceeds of the sale of instant bingo	8133
generated in a calendar year:	8134

(i) At least twenty-five per cent shall be distributed to an	8135
organization described in division (Z)(1) of section 2915.01 of	8136
the Revised Code or to a department or agency of the federal	8137
government, the state, or any political subdivision.	8138

(ii) Not more than seventy-five per cent may be deducted and	8139
retained by the organization for reimbursement of or for the	8140
organization's expenses, as defined in division (LL) of section	8141
2915.01 of the Revised Code, in conducting the instant bingo game.	8142

(b) For any net profit from the proceeds of the sale of	8143
instant bingo of more than ~~seventy-five~~one hundred fifty thousand	8144
dollars or an adjusted amount generated in a calendar year:	8145

(i) A minimum of fifty per cent shall be distributed to an	8146
organization described in division (Z)(1) of section 2915.01 of	8147
the Revised Code or to a department or agency of the federal	8148
government, the state, or any political subdivision.	8149

(ii) Five per cent may be distributed for the organization's	8150
own charitable purposes or to a community action agency.	8151

(iii) Forty-five per cent may be deducted and retained by the	8152
organization for reimbursement of or for the organization's	8153
expenses, as defined in division (LL) of section 2915.01 of the	8154
Revised Code, in conducting the instant bingo game.	8155

(2) If a veteran's organization, a fraternal organization, or	8156
a sporting organization does not distribute the full percentages	8157
specified in divisions (A)(1)(a) and (b) of this section for the	8158
purposes specified in those divisions, the organization shall	8159
distribute the balance of the net profit from the proceeds of the	8160
sale of instant bingo not distributed or retained for those	8161
purposes to an organization described in division (Z)(1) of	8162
section 2915.01 of the Revised Code.	8163

(B) If a charitable organization other than a veteran's	8164
organization, a fraternal organization, or a sporting organization	8165
conducted the instant bingo, the organization shall distribute one	8166
hundred per cent of the net profit from the proceeds of the sale	8167
of instant bingo to an organization described in division (Z)(1)	8168
of section 2915.01 of the Revised Code or to a department or	8169
agency of the federal government, the state, or any political	8170
subdivision.	8171

(C) Nothing in this section prohibits a veteran's	8172
organization, a fraternal organization, or a sporting organization	8173
from distributing any net profit from the proceeds of the sale of	8174
instant bingo to an organization that is described in subsection	8175
501(c)(3) of the Internal Revenue Code when the organization that	8176
is described in subsection 501(c)(3) of the Internal Revenue Code	8177
is one that makes donations to other organizations and permits	8178
donors to advise or direct such donations so long as the donations	8179
comply with requirements established in or pursuant to subsection	8180
501(c)(3) of the Internal Revenue Code.	8181

Sec. 2919.26. (A)(1) Upon the filing of a complaint that	8182
alleges a violation of section 2909.06, 2909.07, 2911.12, or	8183
2911.211 of the Revised Code if the alleged victim of the	8184
violation was a family or household member at the time of the	8185
violation, a violation of a municipal ordinance that is	8186
substantially similar to any of those sections if the alleged	8187
victim of the violation was a family or household member at the	8188
time of the violation, any offense of violence if the alleged	8189
victim of the offense was a family or household member at the time	8190
of the commission of the offense, or any sexually oriented offense	8191
if the alleged victim of the offense was a family or household	8192
member at the time of the commission of the offense, the	8193
complainant, the alleged victim, or a family or household member	8194
of an alleged victim may file, or, if in an emergency the alleged	8195
victim is unable to file, a person who made an arrest for the	8196
alleged violation or offense under section 2935.03 of the Revised	8197
Code may file on behalf of the alleged victim, a motion that	8198
requests the issuance of a temporary protection order as a	8199
pretrial condition of release of the alleged offender, in addition	8200
to any bail set under Criminal Rule 46. The motion shall be filed	8201
with the clerk of the court that has jurisdiction of the case at	8202
any time after the filing of the complaint.	8203

(2) For purposes of section 2930.09 of the Revised Code, all	8204
stages of a proceeding arising out of a complaint alleging the	8205
commission of a violation, offense of violence, or sexually	8206
oriented offense described in division (A)(1) of this section,	8207
including all proceedings on a motion for a temporary protection	8208
order, are critical stages of the case, and a victim may be	8209
accompanied by a victim advocate or another person to provide	8210
support to the victim as provided in that section.	8211

(B) The motion shall be prepared on a form that is provided	8212
by the clerk of the court, which form shall be substantially as	8213
follows:	8214

"MOTION FOR TEMPORARY PROTECTION ORDER	8215

.......................... Court	8216

Name and address of court	8217

State of Ohio	8218

No. ..........

8219

.................	8220

Name of Defendant	8221

(name of person), moves the court to issue a temporary protection	8222
order containing terms designed to ensure the safety and	8223
protection of the complainant, alleged victim, and other family or	8224
household members, in relation to the named defendant, pursuant to	8225
its authority to issue such an order under section 2919.26 of the	8226
Revised Code.	8227

A complaint, a copy of which has been attached to this	8228
motion, has been filed in this court charging the named defendant	8229
with .......................... (name of the specified violation,	8230
the offense of violence, or sexually oriented offense charged) in	8231
circumstances in which the victim was a family or household member	8232
in violation of (section of the Revised Code designating the	8233
specified violation, offense of violence, or sexually oriented	8234
offense charged), or charging the named defendant with a violation	8235
of a municipal ordinance that is substantially similar to	8236
........................ (section of the Revised Code designating	8237
the specified violation, offense of violence, or sexually oriented	8238
offense charged) involving a family or household member.	8239

I understand that I must appear before the court, at a time	8240
set by the court within twenty-four hours after the filing of this	8241
motion, for a hearing on the motion or that, if I am unable to	8242
appear because of hospitalization or a medical condition resulting	8243
from the offense alleged in the complaint, a person who can	8244
provide information about my need for a temporary protection order	8245
must appear before the court in lieu of my appearing in court. I	8246
understand that any temporary protection order granted pursuant to	8247
this motion is a pretrial condition of release and is effective	8248
only until the disposition of the criminal proceeding arising out	8249
of the attached complaint, or the issuance of a civil protection	8250
order or the approval of a consent agreement, arising out of the	8251
same activities as those that were the basis of the complaint,	8252
under section 3113.31 of the Revised Code.	8253

..........................................	8254

Signature of person	8255

(or signature of the arresting officer who filed the motion on	8256
behalf of the alleged victim)	8257

..........................................	8258

Address of person (or office address of the arresting officer who	8259
filed the motion on behalf of the alleged victim)"	8260

(C)(1) As soon as possible after the filing of a motion that	8261
requests the issuance of a temporary protection order, but not	8262
later than twenty-four hours after the filing of the motion, the	8263
court shall conduct a hearing to determine whether to issue the	8264
order. The person who requested the order shall appear before the	8265
court and provide the court with the information that it requests	8266
concerning the basis of the motion. If the person who requested	8267
the order is unable to appear and if the court finds that the	8268
failure to appear is because of the person's hospitalization or	8269
medical condition resulting from the offense alleged in the	8270
complaint, another person who is able to provide the court with	8271
the information it requests may appear in lieu of the person who	8272
requested the order. If the court finds that the safety and	8273
protection of the complainant, alleged victim, or any other family	8274
or household member of the alleged victim may be impaired by the	8275
continued presence of the alleged offender, the court may issue a	8276
temporary protection order, as a pretrial condition of release,	8277
that contains terms designed to ensure the safety and protection	8278
of the complainant, alleged victim, or the family or household	8279
member, including a requirement that the alleged offender refrain	8280
from entering the residence, school, business, or place of	8281
employment of the complainant, alleged victim, or the family or	8282
household member.	8283

(2)(a) If the court issues a temporary protection order that	8284
includes a requirement that the alleged offender refrain from	8285
entering the residence, school, business, or place of employment	8286
of the complainant, the alleged victim, or the family or household	8287
member, the order shall state clearly that the order cannot be	8288
waived or nullified by an invitation to the alleged offender from	8289
the complainant, alleged victim, or family or household member to	8290
enter the residence, school, business, or place of employment or	8291
by the alleged offender's entry into one of those places otherwise	8292
upon the consent of the complainant, alleged victim, or family or	8293
household member.	8294

(b) Division (C)(2)(a) of this section does not limit any	8295
discretion of a court to determine that an alleged offender	8296
charged with a violation of section 2919.27 of the Revised Code,	8297
with a violation of a municipal ordinance substantially equivalent	8298
to that section, or with contempt of court, which charge is based	8299
on an alleged violation of a temporary protection order issued	8300
under this section, did not commit the violation or was not in	8301
contempt of court.	8302

(D)(1) Upon the filing of a complaint that alleges a	8303
violation of section 2909.06, 2909.07, 2911.12, or 2911.211 of the	8304
Revised Code if the alleged victim of the violation was a family	8305
or household member at the time of the violation, a violation of a	8306
municipal ordinance that is substantially similar to any of those	8307
sections if the alleged victim of the violation was a family or	8308
household member at the time of the violation, any offense of	8309
violence if the alleged victim of the offense was a family or	8310
household member at the time of the commission of the offense, or	8311
any sexually oriented offense if the alleged victim of the offense	8312
was a family or household member at the time of the commission of	8313
the offense, the court, upon its own motion, may issue a temporary	8314
protection order as a pretrial condition of release if it finds	8315
that the safety and protection of the complainant, alleged victim,	8316
or other family or household member of the alleged offender may be	8317
impaired by the continued presence of the alleged offender.	8318

(2) If the court issues a temporary protection order under	8319
this section as an ex parte order, it shall conduct, as soon as	8320
possible after the issuance of the order, a hearing in the	8321
presence of the alleged offender not later than the next day on	8322
which the court is scheduled to conduct business after the day on	8323
which the alleged offender was arrested or at the time of the	8324
appearance of the alleged offender pursuant to summons to	8325
determine whether the order should remain in effect, be modified,	8326
or be revoked. The hearing shall be conducted under the standards	8327
set forth in division (C) of this section.	8328

(3) An order issued under this section shall contain only	8329
those terms authorized in orders issued under division (C) of this	8330
section.	8331

(4) If a municipal court or a county court issues a temporary	8332
protection order under this section and if, subsequent to the	8333
issuance of the order, the alleged offender who is the subject of	8334
the order is bound over to the court of common pleas for	8335
prosecution of a felony arising out of the same activities as	8336
those that were the basis of the complaint upon which the order is	8337
based, notwithstanding the fact that the order was issued by a	8338
municipal court or county court, the order shall remain in effect,	8339
as though it were an order of the court of common pleas, while the	8340
charges against the alleged offender are pending in the court of	8341
common pleas, for the period of time described in division (E)(2)	8342
of this section, and the court of common pleas has exclusive	8343
jurisdiction to modify the order issued by the municipal court or	8344
county court. This division applies when the alleged offender is	8345
bound over to the court of common pleas as a result of the person	8346
waiving a preliminary hearing on the felony charge, as a result of	8347
the municipal court or county court having determined at a	8348
preliminary hearing that there is probable cause to believe that	8349
the felony has been committed and that the alleged offender	8350
committed it, as a result of the alleged offender having been	8351
indicted for the felony, or in any other manner.	8352

(E) A temporary protection order that is issued as a pretrial	8353
condition of release under this section:	8354

(1) Is in addition to, but shall not be construed as a part	8355
of, any bail set under Criminal Rule 46;	8356

(2) Is effective only until the occurrence of either of the	8357
following:	8358

(a) The disposition, by the court that issued the order or,	8359
in the circumstances described in division (D)(4) of this section,	8360
by the court of common pleas to which the alleged offender is	8361
bound over for prosecution, of the criminal proceeding arising out	8362
of the complaint upon which the order is based;	8363

(b) The issuance of a protection order or the approval of a	8364
consent agreement, arising out of the same activities as those	8365
that were the basis of the complaint upon which the order is	8366
based, under section 3113.31 of the Revised Code;	8367

(3) Shall not be construed as a finding that the alleged	8368
offender committed the alleged offense, and shall not be	8369
introduced as evidence of the commission of the offense at the	8370
trial of the alleged offender on the complaint upon which the	8371
order is based.	8372

(F) A person who meets the criteria for bail under Criminal	8373
Rule 46 and who, if required to do so pursuant to that rule,	8374
executes or posts bond or deposits cash or securities as bail,	8375
shall not be held in custody pending a hearing before the court on	8376
a motion requesting a temporary protection order.	8377

(G)(1) A copy of any temporary protection order that is	8378
issued under this section shall be issued by the court to the	8379
complainant, to the alleged victim, to the person who requested	8380
the order, to the defendant, and to all law enforcement agencies	8381
that have jurisdiction to enforce the order. The court shall	8382
direct that a copy of the order be delivered to the defendant on	8383
the same day that the order is entered. If a municipal court or a	8384
county court issues a temporary protection order under this	8385
section and if, subsequent to the issuance of the order, the	8386
defendant who is the subject of the order is bound over to the	8387
court of common pleas for prosecution as described in division	8388
(D)(4) of this section, the municipal court or county court shall	8389
direct that a copy of the order be delivered to the court of	8390
common pleas to which the defendant is bound over.	8391

(2) Upon the issuance of a protection order under this	8392
section, the court shall provide the parties to the order with the	8393
following notice orally or by form:	8394

"NOTICE	8395

If you are convicted of a misdemeanor crime involving	8396
violence in which you are or were a spouse, intimate partner,	8397
parent, or guardian of the victim or are or were involved in	8398
another, similar relationship with the victim, it may be unlawful	8399
for you to possess or purchase a firearm, including a rifle,	8400
pistol, or revolver, or ammunition pursuant to federal law under	8401
18 U.S.C. 922(g)(9). If you have any questions whether this law	8402
makes it illegal for you to possess or purchase a firearm or	8403
ammunition, you should consult an attorney."	8404

(3) All law enforcement agencies shall establish and maintain	8405
an index for the temporary protection orders delivered to the	8406
agencies pursuant to division (G)(1) of this section. With	8407
respect to each order delivered, each agency shall note on the	8408
index, the date and time of the receipt of the order by the	8409
agency.	8410

~~(3)~~(4) A complainant, alleged victim, or other person who	8411
obtains a temporary protection order under this section may	8412
provide notice of the issuance of the temporary protection order	8413
to the judicial and law enforcement officials in any county other	8414
than the county in which the order is issued by registering that	8415
order in the other county in accordance with division (N) of	8416
section 3113.31 of the Revised Code and filing a copy of the	8417
registered protection order with a law enforcement agency in the	8418
other county in accordance with that division.	8419

~~(4)~~(5) Any officer of a law enforcement agency shall enforce	8420
a temporary protection order issued by any court in this state in	8421
accordance with the provisions of the order, including removing	8422
the defendant from the premises, regardless of whether the order	8423
is registered in the county in which the officer's agency has	8424
jurisdiction as authorized by division (G)~~(3)~~(4) of this section.	8425

(H) Upon a violation of a temporary protection order, the	8426
court may issue another temporary protection order, as a pretrial	8427
condition of release, that modifies the terms of the order that	8428
was violated.	8429

(I)(1) As used in divisions (I)(1) and (2) of this section,	8430
"defendant" means a person who is alleged in a complaint to have	8431
committed a violation, offense of violence, or sexually oriented	8432
offense of the type described in division (A) of this section.	8433

(2) If a complaint is filed that alleges that a person	8434
committed a violation, offense of violence, or sexually oriented	8435
offense of the type described in division (A) of this section, the	8436
court may not issue a temporary protection order under this	8437
section that requires the complainant, the alleged victim, or	8438
another family or household member of the defendant to do or	8439
refrain from doing an act that the court may require the defendant	8440
to do or refrain from doing under a temporary protection order	8441
unless both of the following apply:	8442

(a) The defendant has filed a separate complaint that alleges	8443
that the complainant, alleged victim, or other family or household	8444
member in question who would be required under the order to do or	8445
refrain from doing the act committed a violation or offense of	8446
violence of the type described in division (A) of this section.	8447

(b) The court determines that both the complainant, alleged	8448
victim, or other family or household member in question who would	8449
be required under the order to do or refrain from doing the act	8450
and the defendant acted primarily as aggressors, that neither the	8451
complainant, alleged victim, or other family or household member	8452
in question who would be required under the order to do or refrain	8453
from doing the act nor the defendant acted primarily in	8454
self-defense, and, in accordance with the standards and criteria	8455
of this section as applied in relation to the separate complaint	8456
filed by the defendant, that it should issue the order to require	8457
the complainant, alleged victim, or other family or household	8458
member in question to do or refrain from doing the act.	8459

(J) Notwithstanding any provision of law to the contrary and	8460
regardless of whether a protection order is issued or a consent	8461
agreement is approved by a court of another county or a court of	8462
another state, no court or unit of state or local government shall	8463
charge any fee, cost, deposit, or money in connection with the	8464
filing of a motion pursuant to this section, in connection with	8465
the filing, issuance, registration, or service of a protection	8466
order or consent agreement, or for obtaining a certified copy of a	8467
protection order or consent agreement.	8468

(K) As used in this section:

8469

(1) "Sexually oriented offense" has the same meaning as in	8470
section 2950.01 of the Revised Code.	8471

(2) "Victim advocate" means a person who provides support and	8472
assistance for a victim of an offense during court proceedings.	8473

Sec. 2921.13. (A) No person shall knowingly make a false	8474
statement, or knowingly swear or affirm the truth of a false	8475
statement previously made, when any of the following applies:	8476

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

8477

(2) The statement is made with purpose to incriminate	8478
another.	8479

(3) The statement is made with purpose to mislead a public	8480
official in performing the public official's official function.	8481

(4) The statement is made with purpose to secure the payment	8482
of unemployment compensation; Ohio works first; prevention,	8483
retention, and contingency benefits and services; disability	8484
financial assistance; retirement benefits; economic development	8485
assistance, as defined in section 9.66 of the Revised Code; or	8486
other benefits administered by a governmental agency or paid out	8487
of a public treasury.	8488

(5) The statement is made with purpose to secure the issuance	8489
by a governmental agency of a license, permit, authorization,	8490
certificate, registration, release, or provider agreement.	8491

(6) The statement is sworn or affirmed before a notary public	8492
or another person empowered to administer oaths.	8493

(7) The statement is in writing on or in connection with a	8494
report or return that is required or authorized by law.	8495

(8) The statement is in writing and is made with purpose to	8496
induce another to extend credit to or employ the offender, to	8497
confer any degree, diploma, certificate of attainment, award of	8498
excellence, or honor on the offender, or to extend to or bestow	8499
upon the offender any other valuable benefit or distinction, when	8500
the person to whom the statement is directed relies upon it to	8501
that person's detriment.	8502

(9) The statement is made with purpose to commit or	8503
facilitate the commission of a theft offense.	8504

(10) The statement is knowingly made to a probate court in	8505
connection with any action, proceeding, or other matter within its	8506
jurisdiction, either orally or in a written document, including,	8507
but not limited to, an application, petition, complaint, or other	8508
pleading, or an inventory, account, or report.	8509

(11) The statement is made on an account, form, record,	8510
stamp, label, or other writing that is required by law.	8511

(12) The statement is made in connection with the purchase of	8512
a firearm, as defined in section 2923.11 of the Revised Code, and	8513
in conjunction with the furnishing to the seller of the firearm of	8514
a fictitious or altered driver's or commercial driver's license or	8515
permit, a fictitious or altered identification card, or any other	8516
document that contains false information about the purchaser's	8517
identity.	8518

(13) The statement is made in a document or instrument of	8519
writing that purports to be a judgment, lien, or claim of	8520
indebtedness and is filed or recorded with the secretary of state,	8521
a county recorder, or the clerk of a court of record.	8522

(14) The statement is made with purpose to obtain an Ohio's	8523
best Rx program enrollment card under section 173.773 of the	8524
Revised Code or a payment under section 173.801 of the Revised	8525
Code.	8526

(15) The statement is made in an application filed with a	8527
county sheriff pursuant to section 2923.125 of the Revised Code in	8528
order to obtain or renew a license to carry a concealed handgun or	8529
is made in an affidavit submitted to a county sheriff to obtain a	8530
temporary emergency license to carry a concealed handgun under	8531
section 2923.1213 of the Revised Code.	8532

(16) The statement is required under section ~~5743.72~~5743.71	8533
of the Revised Code in connection with the person's purchase of	8534
cigarettes or tobacco products in a delivery sale.	8535

(B) No person, in connection with the purchase of a firearm,	8536
as defined in section 2923.11 of the Revised Code, shall knowingly	8537
furnish to the seller of the firearm a fictitious or altered	8538
driver's or commercial driver's license or permit, a fictitious or	8539
altered identification card, or any other document that contains	8540
false information about the purchaser's identity.	8541

(C) No person, in an attempt to obtain a license to carry a	8542
concealed handgun under section 2923.125 of the Revised Code,	8543
shall knowingly present to a sheriff a fictitious or altered	8544
document that purports to be certification of the person's	8545
competence in handling a handgun as described in division (B)(3)	8546
of section 2923.125 of the Revised Code.	8547

(D) It is no defense to a charge under division (A)(6) of	8548
this section that the oath or affirmation was administered or	8549
taken in an irregular manner.	8550

(E) If contradictory statements relating to the same fact are	8551
made by the offender within the period of the statute of	8552
limitations for falsification, it is not necessary for the	8553
prosecution to prove which statement was false but only that one	8554
or the other was false.	8555

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	8556
(6), (7), (8), (10), (11), (13), (14), or (16) of this section is	8557
guilty of falsification, a misdemeanor of the first degree.	8558

(2) Whoever violates division (A)(9) of this section is	8559
guilty of falsification in a theft offense. Except as otherwise	8560
provided in this division, falsification in a theft offense is a	8561
misdemeanor of the first degree. If the value of the property or	8562
services stolen is five hundred dollars or more and is less than	8563
five thousand dollars, falsification in a theft offense is a	8564
felony of the fifth degree. If the value of the property or	8565
services stolen is five thousand dollars or more and is less than	8566
one hundred thousand dollars, falsification in a theft offense is	8567
a felony of the fourth degree. If the value of the property or	8568
services stolen is one hundred thousand dollars or more,	8569
falsification in a theft offense is a felony of the third degree.	8570

(3) Whoever violates division (A)(12) or (B) of this section	8571
is guilty of falsification to purchase a firearm, a felony of the	8572
fifth degree.	8573

(4) Whoever violates division (A)(15) or (C) of this section	8574
is guilty of falsification to obtain a concealed handgun license,	8575
a felony of the fourth degree.	8576

(G) A person who violates this section is liable in a civil	8577
action to any person harmed by the violation for injury, death, or	8578
loss to person or property incurred as a result of the commission	8579
of the offense and for reasonable attorney's fees, court costs,	8580
and other expenses incurred as a result of prosecuting the civil	8581
action commenced under this division. A civil action under this	8582
division is not the exclusive remedy of a person who incurs	8583
injury, death, or loss to person or property as a result of a	8584
violation of this section.	8585

Sec. 2923.11. As used in sections 2923.11 to 2923.24 of the	8586
Revised Code:	8587

(A) "Deadly weapon" means any instrument, device, or thing	8588
capable of inflicting death, and designed or specially adapted for	8589
use as a weapon, or possessed, carried, or used as a weapon.	8590

(B)(1) "Firearm" means any deadly weapon capable of expelling	8591
or propelling one or more projectiles by the action of an	8592
explosive or combustible propellant. "Firearm" includes an	8593
unloaded firearm, and any firearm that is inoperable but that can	8594
readily be rendered operable.	8595

(2) When determining whether a firearm is capable of	8596
expelling or propelling one or more projectiles by the action of	8597
an explosive or combustible propellant, the trier of fact may rely	8598
upon circumstantial evidence, including, but not limited to, the	8599
representations and actions of the individual exercising control	8600
over the firearm.	8601

8602

(1) Any firearm that has a short stock and is designed to be	8603
held and fired by the use of a single hand;	8604

(2) Any combination of parts from which a firearm of a type	8605
described in division (C)(1) of this section can be assembled.	8606

(D) "Semi-automatic firearm" means any firearm designed or	8607
specially adapted to fire a single cartridge and automatically	8608
chamber a succeeding cartridge ready to fire, with a single	8609
function of the trigger.	8610

(E) "Automatic firearm" means any firearm designed or	8611
specially adapted to fire a succession of cartridges with a single	8612
function of the trigger. "Automatic firearm" also means any	8613
semi-automatic firearm designed or specially adapted to fire more	8614
than thirty-one cartridges without reloading, other than a firearm	8615
chambering only .22 caliber short, long, or long-rifle cartridges.	8616

(F) "Sawed-off firearm" means a shotgun with a barrel less	8617
than eighteen inches long, or a rifle with a barrel less than	8618
sixteen inches long, or a shotgun or rifle less than twenty-six	8619
inches long overall.	8620

(G) "Zip-gun" means any of the following:

8621

(1) Any firearm of crude and extemporized manufacture;

8622

(2) Any device, including without limitation a starter's	8623
pistol, that is not designed as a firearm, but that is specially	8624
adapted for use as a firearm;	8625

(3) Any industrial tool, signalling device, or safety device,	8626
that is not designed as a firearm, but that as designed is capable	8627
of use as such, when possessed, carried, or used as a firearm.	8628

(H) "Explosive device" means any device designed or specially	8629
adapted to cause physical harm to persons or property by means of	8630
an explosion, and consisting of an explosive substance or agency	8631
and a means to detonate it. "Explosive device" includes without	8632
limitation any bomb, any explosive demolition device, any blasting	8633
cap or detonator containing an explosive charge, and any pressure	8634
vessel that has been knowingly tampered with or arranged so as to	8635
explode.	8636

(I) "Incendiary device" means any firebomb, and any device	8637
designed or specially adapted to cause physical harm to persons or	8638
property by means of fire, and consisting of an incendiary	8639
substance or agency and a means to ignite it.	8640

(J) "Ballistic knife" means a knife with a detachable blade	8641
that is propelled by a spring-operated mechanism.	8642

(K) "Dangerous ordnance" means any of the following, except	8643
as provided in division (L) of this section:	8644

(1) Any automatic or sawed-off firearm, zip-gun, or ballistic	8645
knife;	8646

(2) Any explosive device or incendiary device;

8647

(3) Nitroglycerin, nitrocellulose, nitrostarch, PETN,	8648
cyclonite, TNT, picric acid, and other high explosives; amatol,	8649
tritonal, tetrytol, pentolite, pecretol, cyclotol, and other high	8650
explosive compositions; plastic explosives; dynamite, blasting	8651
gelatin, gelatin dynamite, sensitized ammonium nitrate,	8652
liquid-oxygen blasting explosives, blasting powder, and other	8653
blasting agents; and any other explosive substance having	8654
sufficient brisance or power to be particularly suitable for use	8655
as a military explosive, or for use in mining, quarrying,	8656
excavating, or demolitions;	8657

(4) Any firearm, rocket launcher, mortar, artillery piece,	8658
grenade, mine, bomb, torpedo, or similar weapon, designed and	8659
manufactured for military purposes, and the ammunition for that	8660
weapon;	8661

(5) Any firearm muffler or silencer;

8662

(6) Any combination of parts that is intended by the owner	8663
for use in converting any firearm or other device into a dangerous	8664
ordnance.	8665

(L) "Dangerous ordnance" does not include any of the	8666
following:	8667

(1) Any firearm, including a military weapon and the	8668
ammunition for that weapon, and regardless of its actual age, that	8669
employs a percussion cap or other obsolete ignition system, or	8670
that is designed and safe for use only with black powder;	8671

(2) Any pistol, rifle, or shotgun, designed or suitable for	8672
sporting purposes, including a military weapon as issued or as	8673
modified, and the ammunition for that weapon, unless the firearm	8674
is an automatic or sawed-off firearm;	8675

(3) Any cannon or other artillery piece that, regardless of	8676
its actual age, is of a type in accepted use prior to 1887, has no	8677
mechanical, hydraulic, pneumatic, or other system for absorbing	8678
recoil and returning the tube into battery without displacing the	8679
carriage, and is designed and safe for use only with black powder;	8680

(4) Black powder, priming quills, and percussion caps	8681
possessed and lawfully used to fire a cannon of a type defined in	8682
division (L)(3) of this section during displays, celebrations,	8683
organized matches or shoots, and target practice, and smokeless	8684
and black powder, primers, and percussion caps possessed and	8685
lawfully used as a propellant or ignition device in small-arms or	8686
small-arms ammunition;	8687

(5) Dangerous ordnance that is inoperable or inert and cannot	8688
readily be rendered operable or activated, and that is kept as a	8689
trophy, souvenir, curio, or museum piece.	8690

(6) Any device that is expressly excepted from the definition	8691
of a destructive device pursuant to the "Gun Control Act of 1968,"	8692
82 Stat. 1213, 18 U.S.C. 921(a)(4), as amended, and regulations	8693
issued under that act.	8694

(M) "Explosive" means any chemical compound, mixture, or	8695
device, the primary or common purpose of which is to function by	8696
explosion. "Explosive" includes all materials that have been	8697
classified as ~~class A, class B, or class C~~division 1.1, division	8698
1.2, division 1.3, or division 1.4 explosives by the United States	8699
department of transportation in its regulations and includes, but	8700
is not limited to, dynamite, black powder, pellet powders,	8701
initiating explosives, blasting caps, electric blasting caps,	8702
safety fuses, fuse igniters, squibs, cordeau detonant fuses,	8703
instantaneous fuses, and igniter cords and igniters. "Explosive"	8704
does not include "fireworks," as defined in section 3743.01 of the	8705
Revised Code, or any substance or material otherwise meeting the	8706
definition of explosive ~~that is not subject to regulation under~~	8707
set forth in this section that is manufactured, sold, possessed,	8708
transported, stored, or used in any activity described in section	8709
3743.80 of the Revised Code, provided the activity is conducted in	8710
accordance with all applicable laws, rules, and regulations,	8711
including, but not limited to, the provisions of section 3743.80	8712
of the Revised Code and the rules of the fire marshal adopted	8713
pursuant to section 3737.82 of the Revised Code.	8714

Sec. 2943.033. (A) As used in this section, "person living	8715
as a spouse" means a person who is living or has lived with the	8716
defendant in a common law marital relationship, who otherwise is	8717
cohabiting with the defendant, or who otherwise has cohabited with	8718
the defendant within five years prior to the date of the alleged	8719
commission of the act in question.	8720

(B) The notice required under division (C) of this section	8721
shall be provided to a defendant when the alleged victim is any of	8722
the following:	8723

(1) A spouse, person living as a spouse, or former spouse of	8724
the defendant;	8725

(2) A parent or child of the defendant;

8726

(3) A parent or child of a spouse, person living as a spouse,	8727
or former spouse of the defendant;	8728

(4) The natural parent of any child of whom the defendant is	8729
the other natural or putative natural parent.	8730

(C) Prior to accepting a guilty plea or plea of no contest to	8731
an indictment, information, or complaint that charges a person	8732
with a misdemeanor offense of violence, the court shall inform the	8733
defendant either personally or in writing that under 18 U.S.C.	8734
922(g)(9) it may be unlawful for the person to ship, transport,	8735
purchase, or possess a firearm or ammunition as a result of any	8736
conviction for a misdemeanor offense of violence. The plea may not	8737
be vacated based on a failure to inform the person so charged	8738
regarding the restrictions under 18 U.S.C. 922(g)(9).	8739

Sec. 2949.092. If a person is convicted of or pleads guilty	8740
to an offense and the court specifically is required, pursuant to	8741
section 2743.70, 2949.091, or 2949.093, or 2949.094 of the Revised	8742
Code or pursuant to any other section of the Revised Code to	8743
impose a specified sum of money as costs in the case in addition	8744
to any other costs that the court is required or permitted by law	8745
to impose in the case, the court shall not waive the payment of	8746
the specified additional court costs that the section of the	8747
Revised Code specifically requires the court to impose unless the	8748
court determines that the offender is indigent and the court	8749
waives the payment of all court costs imposed upon the offender.	8750

Sec. 2949.094. (A) The court in which any person is convicted	8751
of or pleads guilty to any moving violation shall impose an	8752
additional court cost of ten dollars upon the offender. The court	8753
shall not waive the payment of the ten dollars unless the court	8754
determines that the offender is indigent and waives the payment of	8755
all court costs imposed upon the indigent offender.	8756

The clerk of the court shall transmit thirty-five per cent of	8757
all additional court costs collected pursuant to this division	8758
during a month on or before the twenty-third day of the	8759
following month to the division of criminal justice services,	8760
and the division of criminal justice services shall deposit the	8761
money so transmitted into the drug law enforcement fund created	8762
under section 5502.68 of the Revised Code. The clerk shall	8763
transmit fifteen per cent of all additional court costs so	8764
collected during a month on or before the twenty-third day of the	8765
following month to the state treasury to be credited to the	8766
indigent drivers alcohol treatment fund created under section	8767
4511.191 of the Revised Code and to be distributed by the	8768
department of alcohol and drug addiction services as provided in	8769
division (H) of that section. The clerk shall transmit fifty per	8770
cent of all additional court costs so collected during a month on	8771
or before the twenty-third day of the following month to the	8772
state treasury to be credited to the indigent defense support	8773
fund created pursuant to section 120.08 of the Revised Code.	8774

(B) The juvenile court in which a child is found to be a	8775
juvenile traffic offender for an act that is a moving violation	8776
shall impose an additional court cost of ten dollars upon the	8777
juvenile traffic offender. The juvenile court shall not waive the	8778
payment of the ten dollars unless the court determines that the	8779
juvenile is indigent and waives the payment of all court costs	8780
imposed upon the indigent offender.	8781

The clerk of the court shall transmit thirty-five per cent of	8782
all additional court costs collected pursuant to this division	8783
during a month on or before the twenty-third day of the	8784
following month to the division of criminal justice services,	8785
and the division of criminal justice services shall deposit the	8786
money so transmitted into the drug law enforcement fund created	8787
under section 5502.68 of the Revised Code. The clerk shall	8788
transmit fifteen per cent of all additional court costs so	8789
collected during a month on or before the twenty-third day of the	8790
following month to the state treasury to be credited to the	8791
indigent drivers alcohol treatment fund created under that	8792
section 4511.191 of the Revised Code and to be distributed by the	8793
department of alcohol and drug addiction services as provided in	8794
division (H) of that section. The clerk shall transmit fifty per	8795
cent of all additional court costs so collected during a month	8796
on or before the twenty-third day of the following month to the	8797
state treasury to be credited to the indigent defense support	8798
fund created pursuant to section 120.08 of the Revised Code.	8799

(C) Whenever a person is charged with any offense that is a	8800
moving violation and posts bail, the court shall add to the amount	8801
of the bail the ten dollars required to be paid by division (A)	8802
of this section. The clerk of the court shall retain the ten	8803
dollars until the person is convicted, pleads guilty, forfeits	8804
bail, is found not guilty, or has the charges dismissed. If the	8805
person is convicted, pleads guilty, or forfeits bail, the clerk	8806
shall transmit three and fifty cents out of the ten dollars to the	8807
division of criminal justice services, and the division of	8808
criminal justice services shall deposit the money so transmitted	8809
into the drug law enforcement fund created under section 5502.68	8810
of the Revised Code, the clerk shall transmit one dollar and fifty	8811
cents out of the ten dollars to the state treasury to be	8812
credited to the indigent drivers alcohol treatment fund created	8813
under section 4511.191 of the Revised Code and to be distributed	8814
by the department of alcohol and drug addiction services as	8815
provided in division (H) of that section, and the clerk shall	8816
transmit five dollars out of the ten dollars to the state	8817
treasury to be credited to the indigent defense support fund	8818
created under section 120.08 of the Revised Code. If the person	8819
is found not guilty or the charges are dismissed, the clerk	8820
shall return the ten dollars to the person.	8821

(D) No person shall be placed or held in a detention facility	8822
for failing to pay the court cost or bail that is required to be	8823
paid by this section.	8824

(E) As used in this section:

8825

(1) "Bail" and "moving violation" have the same meanings as	8826
in section 2949.093 of the Revised Code.	8827

(2) "Detention facility" has the same meaning as in section	8828
2921.01 of the Revised Code.	8829

(3) "Division of criminal justice services" means the	8830
division of criminal justice services of the department of public	8831
safety, created by section 5502.62 of the Revised Code.	8832

Sec. 3107.018. (A) A prospective adoptive parent may apply	8833
to the department of job and family services for a loan from the	8834
state adoption assistance loan fund created under section 5101.143	8835
of the Revised Code. Subject to available funds, the department	8836
may approve a state adoption assistance loan application, in whole	8837
or in part, or deny the application. In reviewing a loan	8838
application submitted to the department, the department shall	8839
consider the financial need of the prospective adoptive parent in	8840
determining whether to approve a loan application, in whole or in	8841
part, or deny the application. If the department approves a loan	8842
application, in whole or in part, and the child being adopted	8843
resides in Ohio, the department shall loan a prospective adoptive	8844
parent not more than three thousand dollars from the state	8845
adoption assistance loan fund. If the department approves a loan	8846
application, in whole or in part, and the child being adopted does	8847
not reside in Ohio, the department shall loan a prospective	8848
adoptive parent not more than two thousand dollars from the state	8849
adoption assistance loan fund.	8850

(B) A prospective adoptive parent who receives a loan under	8851
division (A) of this section shall use that loan for only a	8852
disbursement listed under division (C) of section 3107.055 of the	8853
Revised Code or an expense related to adopting from the public	8854
child welfare system.	8855

(C) This section applies to adoptions arranged by an attorney	8856
or by any public or private organization certified, licensed, or	8857
otherwise specially empowered by law or rule to place minors for	8858
adoption.	8859

Sec. 3111.04. (A) An action to determine the existence or	8860
nonexistence of the father and child relationship may be brought	8861
by the child or the child's personal representative, the child's	8862
mother or her personal representative, a man alleged or alleging	8863
himself to be the child's father, the child support enforcement	8864
agency of the county in which the child resides if the child's	8865
mother, father, or alleged father is a recipient of public	8866
assistance or of services under Title IV-D of the "Social Security	8867
Act," 88 Stat. 2351 (1975), 42 U.S.C.A. 651, as amended, or the	8868
alleged father's personal representative.	8869

(B) An agreement does not bar an action under this section.

8870

(C) If an action under this section is brought before the	8871
birth of the child and if the action is contested, all	8872
proceedings, except service of process and the taking of	8873
depositions to perpetuate testimony, may be stayed until after the	8874
birth.	8875

(D) A recipient of public assistance or of services under	8876
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	8877
U.S.C.A. 651, as amended, shall cooperate with the child support	8878
enforcement agency of the county in which a child resides to	8879
obtain an administrative determination pursuant to sections	8880
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	8881
determination pursuant to sections 3111.01 to 3111.18 of the	8882
Revised Code, of the existence or nonexistence of a parent and	8883
child relationship between the father and the child. If the	8884
recipient fails to cooperate, the agency may commence an action to	8885
determine the existence or nonexistence of a parent and child	8886
relationship between the father and the child pursuant to sections	8887
3111.01 to 3111.18 of the Revised Code.	8888

(E) As used in this section, "public assistance" means	8889
~~medical assistance~~all of the following:	8890

(1) Medicaid under Chapter 5111. of the Revised Code,	8891
~~assistance~~;	8892

(2) Ohio works first under Chapter 5107. of the Revised Code,	8893
~~disability~~;	8894

(3) Disability financial assistance under Chapter 5115. of	8895
the Revised Code~~, or disability~~;	8896

(4) Disability medical assistance under Chapter 5115. of the	8897
Revised Code;	8898

(5) Children's buy-in program under sections 5101.5211 to	8899
5101.5216 of the Revised Code.	8900

Sec. 3113.06. No father, or mother when she is charged with	8901
the maintenance, of a child under eighteen years of age, or a	8902
mentally or physically handicapped child under age twenty-one, who	8903
is legally a ward of a public children services agency or is the	8904
recipient of aid pursuant to sections 5101.5211 to 5101.5216 or	8905
Chapter 5107. or 5115. of the Revised Code, shall neglect or	8906
refuse to pay such agency the reasonable cost of maintaining such	8907
child when such father or mother is able to do so by reason of	8908
property, labor, or earnings.	8909

An offense under this section shall be held committed in the	8910
county in which the agency is located. The agency shall file	8911
charges against any parent who violates this section, unless the	8912
agency files charges under section 2919.21 of the Revised Code, or	8913
unless charges of nonsupport are filed by a relative or guardian	8914
of the child, or unless an action to enforce support is brought	8915
under Chapter 3115. of the Revised Code.	8916

Sec. 3113.31. (A) As used in this section:

8917

(1) "Domestic violence" means the occurrence of one or more	8918
of the following acts against a family or household member:	8919

(a) Attempting to cause or recklessly causing bodily injury;

8920

(b) Placing another person by the threat of force in fear of	8921
imminent serious physical harm or committing a violation of	8922
section 2903.211 or 2911.211 of the Revised Code;	8923

(c) Committing any act with respect to a child that would	8924
result in the child being an abused child, as defined in section	8925
2151.031 of the Revised Code;	8926

(d) Committing a sexually oriented offense.

8927

(2) "Court" means the domestic relations division of the	8928
court of common pleas in counties that have a domestic relations	8929
division, and the court of common pleas in counties that do not	8930
have a domestic relations division.	8931

(3) "Family or household member" means any of the following:

8932

(a) Any of the following who is residing with or has resided	8933
with the respondent:	8934

(i) A spouse, a person living as a spouse, or a former spouse	8935
of the respondent;	8936

(ii) A parent or a child of the respondent, or another person	8937
related by consanguinity or affinity to the respondent;	8938

(iii) A parent or a child of a spouse, person living as a	8939
spouse, or former spouse of the respondent, or another person	8940
related by consanguinity or affinity to a spouse, person living as	8941
a spouse, or former spouse of the respondent.	8942

(b) The natural parent of any child of whom the respondent is	8943
the other natural parent or is the putative other natural parent.	8944

(4) "Person living as a spouse" means a person who is living	8945
or has lived with the respondent in a common law marital	8946
relationship, who otherwise is cohabiting with the respondent, or	8947
who otherwise has cohabited with the respondent within five years	8948
prior to the date of the alleged occurrence of the act in	8949
question.	8950

(5) "Victim advocate" means a person who provides support and	8951
assistance for a person who files a petition under this section.	8952

(6) "Sexually oriented offense" has the same meaning as in	8953
section 2950.01 of the Revised Code.	8954

(B) The court has jurisdiction over all proceedings under	8955
this section. The petitioner's right to relief under this section	8956
is not affected by the petitioner's leaving the residence or	8957
household to avoid further domestic violence.	8958

(C) A person may seek relief under this section on the	8959
person's own behalf, or any parent or adult household member may	8960
seek relief under this section on behalf of any other family or	8961
household member, by filing a petition with the court. The	8962
petition shall contain or state:	8963

(1) An allegation that the respondent engaged in domestic	8964
violence against a family or household member of the respondent,	8965
including a description of the nature and extent of the domestic	8966
violence;	8967

(2) The relationship of the respondent to the petitioner, and	8968
to the victim if other than the petitioner;	8969

(3) A request for relief under this section.

8970

(D)(1) If a person who files a petition pursuant to this	8971
section requests an ex parte order, the court shall hold an ex	8972
parte hearing on the same day that the petition is filed. The	8973
court, for good cause shown at the ex parte hearing, may enter any	8974
temporary orders, with or without bond, including, but not limited	8975
to, an order described in division (E)(1)(a), (b), or (c) of this	8976
section, that the court finds necessary to protect the family or	8977
household member from domestic violence. Immediate and present	8978
danger of domestic violence to the family or household member	8979
constitutes good cause for purposes of this section. Immediate and	8980
present danger includes, but is not limited to, situations in	8981
which the respondent has threatened the family or household member	8982
with bodily harm, in which the respondent has threatened the	8983
family or household member with a sexually oriented offense, or in	8984
which the respondent previously has been convicted of or pleaded	8985
guilty to an offense that constitutes domestic violence against	8986
the family or household member.	8987

(2)(a) If the court, after an ex parte hearing, issues an	8988
order described in division (E)(1)(b) or (c) of this section, the	8989
court shall schedule a full hearing for a date that is within	8990
seven court days after the ex parte hearing. If any other type of	8991
protection order that is authorized under division (E) of this	8992
section is issued by the court after an ex parte hearing, the	8993
court shall schedule a full hearing for a date that is within ten	8994
court days after the ex parte hearing. The court shall give the	8995
respondent notice of, and an opportunity to be heard at, the full	8996
hearing. The court shall hold the full hearing on the date	8997
scheduled under this division unless the court grants a	8998
continuance of the hearing in accordance with this division. Under	8999
any of the following circumstances or for any of the following	9000
reasons, the court may grant a continuance of the full hearing to	9001
a reasonable time determined by the court:	9002

(i) Prior to the date scheduled for the full hearing under	9003
this division, the respondent has not been served with the	9004
petition filed pursuant to this section and notice of the full	9005
hearing.	9006

(ii) The parties consent to the continuance.

9007

(iii) The continuance is needed to allow a party to obtain	9008
counsel.	9009

(iv) The continuance is needed for other good cause.

9010

(b) An ex parte order issued under this section does not	9011
expire because of a failure to serve notice of the full hearing	9012
upon the respondent before the date set for the full hearing under	9013
division (D)(2)(a) of this section or because the court grants a	9014
continuance under that division.	9015

(3) If a person who files a petition pursuant to this section	9016
does not request an ex parte order, or if a person requests an ex	9017
parte order but the court does not issue an ex parte order after	9018
an ex parte hearing, the court shall proceed as in a normal civil	9019
action and grant a full hearing on the matter.	9020

(E)(1) After an ex parte or full hearing, the court may grant	9021
any protection order, with or without bond, or approve any consent	9022
agreement to bring about a cessation of domestic violence against	9023
the family or household members. The order or agreement may:	9024

(a) Direct the respondent to refrain from abusing or from	9025
committing sexually oriented offenses against the family or	9026
household members;	9027

(b) Grant possession of the residence or household to the	9028
petitioner or other family or household member, to the exclusion	9029
of the respondent, by evicting the respondent, when the residence	9030
or household is owned or leased solely by the petitioner or other	9031
family or household member, or by ordering the respondent to	9032
vacate the premises, when the residence or household is jointly	9033
owned or leased by the respondent, and the petitioner or other	9034
family or household member;	9035

(c) When the respondent has a duty to support the petitioner	9036
or other family or household member living in the residence or	9037
household and the respondent is the sole owner or lessee of the	9038
residence or household, grant possession of the residence or	9039
household to the petitioner or other family or household member,	9040
to the exclusion of the respondent, by ordering the respondent to	9041
vacate the premises, or, in the case of a consent agreement, allow	9042
the respondent to provide suitable, alternative housing;	9043

(d) Temporarily allocate parental rights and responsibilities	9044
for the care of, or establish temporary parenting time rights with	9045
regard to, minor children, if no other court has determined, or is	9046
determining, the allocation of parental rights and	9047
responsibilities for the minor children or parenting time rights;	9048

(e) Require the respondent to maintain support, if the	9049
respondent customarily provides for or contributes to the support	9050
of the family or household member, or if the respondent has a duty	9051
to support the petitioner or family or household member;	9052

(f) Require the respondent, petitioner, victim of domestic	9053
violence, or any combination of those persons, to seek counseling;	9054

(g) Require the respondent to refrain from entering the	9055
residence, school, business, or place of employment of the	9056
petitioner or family or household member;	9057

(h) Grant other relief that the court considers equitable and	9058
fair, including, but not limited to, ordering the respondent to	9059
permit the use of a motor vehicle by the petitioner or other	9060
family or household member and the apportionment of household and	9061
family personal property.	9062

(2) If a protection order has been issued pursuant to this	9063
section in a prior action involving the respondent and the	9064
petitioner or one or more of the family or household members or	9065
victims, the court may include in a protection order that it	9066
issues a prohibition against the respondent returning to the	9067
residence or household. If it includes a prohibition against the	9068
respondent returning to the residence or household in the order,	9069
it also shall include in the order provisions of the type	9070
described in division (E)(7) of this section. This division does	9071
not preclude the court from including in a protection order or	9072
consent agreement, in circumstances other than those described in	9073
this division, a requirement that the respondent be evicted from	9074
or vacate the residence or household or refrain from entering the	9075
residence, school, business, or place of employment of the	9076
petitioner or a family or household member, and, if the court	9077
includes any requirement of that type in an order or agreement,	9078
the court also shall include in the order provisions of the type	9079
described in division (E)(7) of this section.	9080

(3)(a) Any protection order issued or consent agreement	9081
approved under this section shall be valid until a date certain,	9082
but not later than five years from the date of its issuance or	9083
approval unless modified or terminated as provided in division	9084
(E)(8) of this section.	9085

(b) Subject to the limitation on the duration of an order or	9086
agreement set forth in division (E)(3)(a) of this section, any	9087
order under division (E)(1)(d) of this section shall terminate on	9088
the date that a court in an action for divorce, dissolution of	9089
marriage, or legal separation brought by the petitioner or	9090
respondent issues an order allocating parental rights and	9091
responsibilities for the care of children or on the date that a	9092
juvenile court in an action brought by the petitioner or	9093
respondent issues an order awarding legal custody of minor	9094
children. Subject to the limitation on the duration of an order or	9095
agreement set forth in division (E)(3)(a) of this section, any	9096
order under division (E)(1)(e) of this section shall terminate on	9097
the date that a court in an action for divorce, dissolution of	9098
marriage, or legal separation brought by the petitioner or	9099
respondent issues a support order or on the date that a juvenile	9100
court in an action brought by the petitioner or respondent issues	9101
a support order.	9102

(c) Any protection order issued or consent agreement approved	9103
pursuant to this section may be renewed in the same manner as the	9104
original order or agreement was issued or approved.	9105

(4) A court may not issue a protection order that requires a	9106
petitioner to do or to refrain from doing an act that the court	9107
may require a respondent to do or to refrain from doing under	9108
division (E)(1)(a), (b), (c), (d), (e), (g), or (h) of this	9109
section unless all of the following apply:	9110

(a) The respondent files a separate petition for a protection	9111
order in accordance with this section.	9112

(b) The petitioner is served notice of the respondent's	9113
petition at least forty-eight hours before the court holds a	9114
hearing with respect to the respondent's petition, or the	9115
petitioner waives the right to receive this notice.	9116

(c) If the petitioner has requested an ex parte order	9117
pursuant to division (D) of this section, the court does not delay	9118
any hearing required by that division beyond the time specified in	9119
that division in order to consolidate the hearing with a hearing	9120
on the petition filed by the respondent.	9121

(d) After a full hearing at which the respondent presents	9122
evidence in support of the request for a protection order and the	9123
petitioner is afforded an opportunity to defend against that	9124
evidence, the court determines that the petitioner has committed	9125
an act of domestic violence or has violated a temporary protection	9126
order issued pursuant to section 2919.26 of the Revised Code, that	9127
both the petitioner and the respondent acted primarily as	9128
aggressors, and that neither the petitioner nor the respondent	9129
acted primarily in self-defense.	9130

(5) No protection order issued or consent agreement approved	9131
under this section shall in any manner affect title to any real	9132
property.	9133

(6)(a) If a petitioner, or the child of a petitioner, who	9134
obtains a protection order or consent agreement pursuant to	9135
division (E)(1) of this section or a temporary protection order	9136
pursuant to section 2919.26 of the Revised Code and is the subject	9137
of a parenting time order issued pursuant to section 3109.051 or	9138
3109.12 of the Revised Code or a visitation or companionship order	9139
issued pursuant to section 3109.051, 3109.11, or 3109.12 of the	9140
Revised Code or division (E)(1)(d) of this section granting	9141
parenting time rights to the respondent, the court may require the	9142
public children services agency of the county in which the court	9143
is located to provide supervision of the respondent's exercise of	9144
parenting time or visitation or companionship rights with respect	9145
to the child for a period not to exceed nine months, if the court	9146
makes the following findings of fact:	9147

(i) The child is in danger from the respondent;

9148

(ii) No other person or agency is available to provide the	9149
supervision.	9150

(b) A court that requires an agency to provide supervision	9151
pursuant to division (E)(6)(a) of this section shall order the	9152
respondent to reimburse the agency for the cost of providing the	9153
supervision, if it determines that the respondent has sufficient	9154
income or resources to pay that cost.	9155

(7)(a) If a protection order issued or consent agreement	9156
approved under this section includes a requirement that the	9157
respondent be evicted from or vacate the residence or household or	9158
refrain from entering the residence, school, business, or place of	9159
employment of the petitioner or a family or household member, the	9160
order or agreement shall state clearly that the order or agreement	9161
cannot be waived or nullified by an invitation to the respondent	9162
from the petitioner or other family or household member to enter	9163
the residence, school, business, or place of employment or by the	9164
respondent's entry into one of those places otherwise upon the	9165
consent of the petitioner or other family or household member.	9166

(b) Division (E)(7)(a) of this section does not limit any	9167
discretion of a court to determine that a respondent charged with	9168
a violation of section 2919.27 of the Revised Code, with a	9169
violation of a municipal ordinance substantially equivalent to	9170
that section, or with contempt of court, which charge is based on	9171
an alleged violation of a protection order issued or consent	9172
agreement approved under this section, did not commit the	9173
violation or was not in contempt of court.	9174

(8)(a) The court may modify or terminate as provided in	9175
division (E)(8) of this section a protection order or consent	9176
agreement that was issued after a full hearing under this section.	9177
The court that issued the protection order or approved the consent	9178
agreement shall hear a motion for modification or termination of	9179
the protection order or consent agreement pursuant to division	9180
(E)(8) of this section.	9181

(b) Either the petitioner or the respondent of the original	9182
protection order or consent agreement may bring a motion for	9183
modification or termination of a protection order or consent	9184
agreement that was issued or approved after a full hearing. The	9185
court shall require notice of the motion to be made as provided by	9186
the Rules of Civil Procedure. If the petitioner for the original	9187
protection order or consent agreement has requested that the	9188
petitioner's address be kept confidential, the court shall not	9189
disclose the address to the respondent of the original protection	9190
order or consent agreement or any other person, except as	9191
otherwise required by law. The moving party has the burden of	9192
proof to show, by a preponderance of the evidence, that	9193
modification or termination of the protection order or consent	9194
agreement is appropriate because either the protection order or	9195
consent agreement is no longer needed or because the terms of the	9196
original protection order or consent agreement are no longer	9197
appropriate.	9198

(c) In considering whether to modify or terminate a	9199
protection order or consent agreement issued or approved under	9200
this section, the court shall consider all relevant factors,	9201
including, but not limited to, the following:	9202

(i) Whether the petitioner consents to modification or	9203
termination of the protection order or consent agreement;	9204

(ii) Whether the petitioner fears the respondent;

9205

(iii) The current nature of the relationship between the	9206
petitioner and the respondent;	9207

(iv) The circumstances of the petitioner and respondent,	9208
including the relative proximity of the petitioner's and	9209
respondent's workplaces and residences and whether the petitioner	9210
and respondent have minor children together;	9211

(v) Whether the respondent has complied with the terms and	9212
conditions of the original protection order or consent agreement;	9213

(vi) Whether the respondent has a continuing involvement with	9214
illegal drugs or alcohol;	9215

(vii) Whether the respondent has been convicted of or pleaded	9216
guilty to an offense of violence since the issuance of the	9217
protection order or approval of the consent agreement;	9218

(viii) Whether any other protection orders, consent	9219
agreements, restraining orders, or no contact orders have been	9220
issued against the respondent pursuant to this section, section	9221
2919.26 of the Revised Code, any other provision of state law, or	9222
the law of any other state;	9223

(ix) Whether the respondent has participated in any domestic	9224
violence treatment, intervention program, or other counseling	9225
addressing domestic violence and whether the respondent has	9226
completed the treatment, program, or counseling;	9227

(x) The time that has elapsed since the protection order was	9228
issued or since the consent agreement was approved;	9229

(xi) The age and health of the respondent;

9230

(xii) When the last incident of abuse, threat of harm, or	9231
commission of a sexually oriented offense occurred or other	9232
relevant information concerning the safety and protection of the	9233
petitioner or other protected parties.	9234

(d) If a protection order or consent agreement is modified or	9235
terminated as provided in division (E)(8) of this section, the	9236
court shall issue copies of the modified or terminated order or	9237
agreement as provided in division (F) of this section. A	9238
petitioner may also provide notice of the modification or	9239
termination to the judicial and law enforcement officials in any	9240
county other than the county in which the order or agreement is	9241
modified or terminated as provided in division (N) of this	9242
section.	9243

(e) If the respondent moves for modification or termination	9244
of a protection order or consent agreement pursuant to this	9245
section, the court may assess costs against the respondent for the	9246
filing of the motion.	9247

(F)(1) A copy of any protection order, or consent agreement,	9248
that is issued, approved, modified, or terminated under this	9249
section shall be issued by the court to the petitioner, to the	9250
respondent, and to all law enforcement agencies that have	9251
jurisdiction to enforce the order or agreement. The court shall	9252
direct that a copy of an order be delivered to the respondent on	9253
the same day that the order is entered.	9254

(2) Upon the issuance of a protection order or the approval	9255
of a consent agreement under this section, the court shall provide	9256
the parties to the order or agreement with the following notice	9257
orally or by form:	9258

"NOTICE	9259

As a result of this order or consent agreement, it may be	9260
unlawful for you to possess or purchase a firearm, including a	9261
rifle, pistol, or revolver, or ammunition pursuant to federal law	9262
under 18 U.S.C. 922(g)(8). If you have any questions whether this	9263
law makes it illegal for you to possess or purchase a firearm or	9264
ammunition, you should consult an attorney."	9265

(3) All law enforcement agencies shall establish and maintain	9266
an index for the protection orders and the approved consent	9267
agreements delivered to the agencies pursuant to division (F)(1)	9268
of this section. With respect to each order and consent agreement	9269
delivered, each agency shall note on the index the date and time	9270
that it received the order or consent agreement.	9271

~~(3)~~(4) Regardless of whether the petitioner has registered	9272
the order or agreement in the county in which the officer's agency	9273
has jurisdiction pursuant to division (N) of this section, any	9274
officer of a law enforcement agency shall enforce a protection	9275
order issued or consent agreement approved by any court in this	9276
state in accordance with the provisions of the order or agreement,	9277
including removing the respondent from the premises, if	9278
appropriate.	9279

(G) Any proceeding under this section shall be conducted in	9280
accordance with the Rules of Civil Procedure, except that an order	9281
under this section may be obtained with or without bond. An order	9282
issued under this section, other than an ex parte order, that	9283
grants a protection order or approves a consent agreement, that	9284
refuses to grant a protection order or approve a consent agreement	9285
that modifies or terminates a protection order or consent	9286
agreement, or that refuses to modify or terminate a protection	9287
order or consent agreement, is a final, appealable order. The	9288
remedies and procedures provided in this section are in addition	9289
to, and not in lieu of, any other available civil or criminal	9290
remedies.	9291

(H) The filing of proceedings under this section does not	9292
excuse a person from filing any report or giving any notice	9293
required by section 2151.421 of the Revised Code or by any other	9294
law. When a petition under this section alleges domestic violence	9295
against minor children, the court shall report the fact, or cause	9296
reports to be made, to a county, township, or municipal peace	9297
officer under section 2151.421 of the Revised Code.	9298

(I) Any law enforcement agency that investigates a domestic	9299
dispute shall provide information to the family or household	9300
members involved regarding the relief available under this section	9301
and section 2919.26 of the Revised Code.	9302

(J) Notwithstanding any provision of law to the contrary and	9303
regardless of whether a protection order is issued or a consent	9304
agreement is approved by a court of another county or a court of	9305
another state, no court or unit of state or local government shall	9306
charge any fee, cost, deposit, or money in connection with the	9307
filing of a petition pursuant to this section or in connection	9308
with the filing, issuance, registration, or service of a	9309
protection order or consent agreement, or for obtaining a	9310
certified copy of a protection order or consent agreement.	9311

(K)(1) The court shall comply with Chapters 3119., 3121.,	9312
3123., and 3125. of the Revised Code when it makes or modifies an	9313
order for child support under this section.	9314

(2) If any person required to pay child support under an	9315
order made under this section on or after April 15, 1985, or	9316
modified under this section on or after December 31, 1986, is	9317
found in contempt of court for failure to make support payments	9318
under the order, the court that makes the finding, in addition to	9319
any other penalty or remedy imposed, shall assess all court costs	9320
arising out of the contempt proceeding against the person and	9321
require the person to pay any reasonable attorney's fees of any	9322
adverse party, as determined by the court, that arose in relation	9323
to the act of contempt.	9324

(L)(1) A person who violates a protection order issued or a	9325
consent agreement approved under this section is subject to the	9326
following sanctions:	9327

(a) Criminal prosecution for a violation of section 2919.27	9328
of the Revised Code, if the violation of the protection order or	9329
consent agreement constitutes a violation of that section;	9330

(b) Punishment for contempt of court.

9331

(2) The punishment of a person for contempt of court for	9332
violation of a protection order issued or a consent agreement	9333
approved under this section does not bar criminal prosecution of	9334
the person for a violation of section 2919.27 of the Revised Code.	9335
However, a person punished for contempt of court is entitled to	9336
credit for the punishment imposed upon conviction of a violation	9337
of that section, and a person convicted of a violation of that	9338
section shall not subsequently be punished for contempt of court	9339
arising out of the same activity.	9340

(M) In all stages of a proceeding under this section, a	9341
petitioner may be accompanied by a victim advocate.	9342

(N)(1) A petitioner who obtains a protection order or consent	9343
agreement under this section or a temporary protection order under	9344
section 2919.26 of the Revised Code may provide notice of the	9345
issuance or approval of the order or agreement to the judicial and	9346
law enforcement officials in any county other than the county in	9347
which the order is issued or the agreement is approved by	9348
registering that order or agreement in the other county pursuant	9349
to division (N)(2) of this section and filing a copy of the	9350
registered order or registered agreement with a law enforcement	9351
agency in the other county in accordance with that division. A	9352
person who obtains a protection order issued by a court of another	9353
state may provide notice of the issuance of the order to the	9354
judicial and law enforcement officials in any county of this state	9355
by registering the order in that county pursuant to section	9356
2919.272 of the Revised Code and filing a copy of the registered	9357
order with a law enforcement agency in that county.	9358

(2) A petitioner may register a temporary protection order,	9359
protection order, or consent agreement in a county other than the	9360
county in which the court that issued the order or approved the	9361
agreement is located in the following manner:	9362

(a) The petitioner shall obtain a certified copy of the order	9363
or agreement from the clerk of the court that issued the order or	9364
approved the agreement and present that certified copy to the	9365
clerk of the court of common pleas or the clerk of a municipal	9366
court or county court in the county in which the order or	9367
agreement is to be registered.	9368

(b) Upon accepting the certified copy of the order or	9369
agreement for registration, the clerk of the court of common	9370
pleas, municipal court, or county court shall place an endorsement	9371
of registration on the order or agreement and give the petitioner	9372
a copy of the order or agreement that bears that proof of	9373
registration.	9374

(3) The clerk of each court of common pleas, the clerk of	9375
each municipal court, and the clerk of each county court shall	9376
maintain a registry of certified copies of temporary protection	9377
orders, protection orders, or consent agreements that have been	9378
issued or approved by courts in other counties and that have been	9379
registered with the clerk.	9380

Sec. 3119.023. When a court or child support enforcement	9381
agency calculates the amount of child support to be paid pursuant	9382
to a court child support order in a proceeding in which the	9383
parents have split parental rights and responsibilities with	9384
respect to the children who are the subject of the child support	9385
order, the court or child support enforcement agency shall use a	9386
worksheet that is identical in content and form to the following:	9387

CHILD SUPPORT COMPUTATION WORKSHEET	9388

SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES	9389

Name of parties ................................................	9390

Case No. .......................................................	9391

Number of minor children .......................................	9392

Number of minor children with mother .......... father .........	9393

		Column I	Column II	Column III	9394
		Father	Mother	Combined	9395
INCOME:					9396
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)				9397
		$......	$......		9398
b.	Amount of overtime, bonuses, and commissions (year 1 representing the most recent year)				9399

Father	Mother	9400
Yr. 3 $..........	Yr. 3 $..........	9401
(Three years ago)	(Three years ago)	9402
Yr. 2 $..........	Yr. 2 $..........	9403
(Two years ago)	(Two years ago)	9404
Yr. 1 $..........	Yr. 1 $..........	9405
(Last calendar year)	(Last calendar year)	9406
Average $..........	$............	9407

	(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)				9408
		$......	$......		9409
2.	For self-employment income				9410
a.	Gross receipts from business				9411
		$......	$......		9412
b.	Ordinary and necessary business expenses				9413
		$......	$......		9414
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				9415
		$......	$......		9416
d.	Adjusted gross income from self-employment (subtract the sum of 2b and 2c from 2a)				9417
		$......	$......		9418
3.	Annual income from interest and dividends (whether or not taxable)				9419
		$......	$......		9420
4.	Annual income from unemployment compensation				9421
		$......	$......		9422
5.	Annual income from workers' compensation, disability insurance benefits or social security disability retirement benefits				9423
		$......	$......		9424
6.	Other annual income (identify)				9425
		$......	$......		9426
7.a.	Total annual gross income (add lines 1a, 1b, 2d, and 3-6)				9427
		$......	$......		9428
b.	Health insurance maximum (multiply line 7a by 5%)				9429
		$......	$......		9430
ADJUSTMENTS TO INCOME:					9431
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)				9432
		$......	$......		9433
9.	Annual court-ordered support paid for other children				9434
		$......	$......		9435
10.	Annual court-ordered spousal support paid to any spouse or former spouse				9436
		$......	$......		9437
11.	Amount of local income taxes actually paid or estimated to be paid				9438
		$......	$......		9439
12.	Mandatory work-related deductions such as union dues, uniform fees, etc. (not including taxes, social security, or retirement)				9440
		$......	$......		9441
13.	Total gross income adjustments (add lines 8 through 12)				9442
		$......	$......		9443
14.a.	Adjusted annual gross income (subtract line 13 from 7a)				9444
		$......	$......		9445
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.)				9446
		$......	$......		9447
15.	Combined annual income that is basis for child support order (add line 14a, Col. I and Col. II)				9448
				$......	9449
16.	Percentage of parent's income to total income				9450
a.	Father (divide line 14a, Col. I, by line 15, Col. III) ......%				9451
b.	Mother (divide line 14a, Col. II, by line 15, Col. III) ......%				9452
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		9453

		$......	$......	9454
18.	Annual support obligation per parent			9455
a.	Of father for children for whom mother is the residential parent and legal custodian (multiply line 17, Col. I, by line 16a)			9456
		$......		9457
b.	Of mother for children for whom the father is the residential parent and legal custodian (multiply line 17, Col. II, by line 16b)			9458
			$......	9459
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	9460
		$......	$......	9461
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	9462
		$......	$......	9463
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)			9464
		$......	$......	9465

21.		ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:			9466
		Father		Mother	9467
	a.	Additions: line 16a	b.	Additions: line 16b	9468
		times sum of amounts		times sum of amounts	9469
		shown on line 19, Col. II		shown on line 19, Col. I	9470
		and line 20a, Col. II		and line 20a, Col. I	9471
		$......................		$......................	9472
	c.	Subtractions: line 16b	d.	Subtractions: line 16a	9473
		times sum of amounts		times sum of amounts	9474
		shown on line 19, Col. I		shown on line 19, Col. II	9475
		and line 20a, Col. I		and line 20a, Col. II	9476
		$.......................		$.......................	9477

22.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED:			9478
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)			9479
		$......		9480
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			9481
		$......		9482
c.	Actual annual obligation of father (subtract line 22b from line 22a)			9483
		$......		9484
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)			9485
			$......	9486
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			9487
			$......	9488
f.	Actual annual obligation of mother (subtract line 22e from line 22d)			9489
			$......	9490
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)			9491
		$......	$......	9492
23.	ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED:			9493

	Father		Mother	9494
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	9495
	$...............		$...............	9496
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	9497
	$...............		$...............	9498

24.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED:			9499
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)	$......		9500
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	$......		9501
c.	Actual annual obligation of the father (subtract line 24b from line 24a)	$......		9502
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)			9503
			$......	9504
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			9505
			$......	9506
f.	Actual annual obligation of the mother (subtract line 24e from line 24d)		$......	9507
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)			9508
		$......	$......	9509
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			9510
		$......	$......	9511

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.)				9512
		9513
		9514
		9515
		9516
					9517
		WHEN	WHEN		9518
		HEALTH	HEALTH		9519
		INSURANCE	INSURANCE		9520
		IS	IS NOT		9521
		PROVIDED	PROVIDED		9522
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.)				9523
		$......	$......	Father/Mother, OBLIGOR	9524
27.	FOR DECREE: Child support per month (divide obligor's annual share, line 26, by 12) plus any processing charge				9525
		$......	$......		9526
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)				9527
			$......		9528
29.	FOR DECREE: Cash medical support per month (divide line 28 by 12)				9529
			$......		9530

Prepared by:		9531
Counsel: ....................	Pro se: .................	9532
(For mother/father)		9533
CSEA: .......................	Other: ..................	9534

Worksheet Has Been Reviewed and Agreed To:	9535

...........................	...........................	9536
Mother	Date	9537
...........................	...........................	9538
Father	Date	9539

Sec. 3119.54. ~~If either~~A party to a child support order	9540
issued in accordance with section 3119.30 of the Revised Code is	9541
~~eligible for medical assistance under Chapter 5111. or 5115. of~~	9542
~~the Revised Code and the other party has obtained health insurance~~	9543
~~coverage, the party eligible for medical assistance~~ shall notify	9544
any physician, hospital, or other provider of medical services ~~for~~	9545
~~which medical assistance is available of the name and address of~~	9546
~~the other party's insurer and~~that provides medical services to	9547
the child who is the subject of the child support order of the	9548
number of ~~the other party's~~any health insurance or health care	9549
policy, contract, or plan that covers the child if the child is	9550
eligible for medical assistance under sections 5101.5211 to	9551
5101.5216 or Chapter 5111. or 5115. of the Revised Code. The party	9552
shall include in the notice the name and address of the insurer.	9553
Any physician, hospital, or other provider of medical services for	9554
which medical assistance is available under sections 5101.5211 to	9555
5101.5216 or Chapter 5111. or 5115. of the Revised Code who is	9556
notified under this ~~division~~section of the existence of a health	9557
insurance or health care policy, contract, or plan with coverage	9558
for children who are eligible for medical assistance shall first	9559
bill the insurer for any services provided for those children. If	9560
the insurer fails to pay all or any part of a claim filed under	9561
this section and the services for which the claim is filed are	9562
covered by sections 5101.5211 to 5101.5216 or Chapter 5111. or	9563
5115. of the Revised Code, the physician, hospital, or other	9564
medical services provider shall bill the remaining unpaid costs of	9565
the services in accordance with sections 5101.5211 to 5101.5216 or	9566
Chapter 5111. or 5115. of the Revised Code.	9567

Sec. 3301.0714. (A) The state board of education shall adopt	9568
rules for a statewide education management information system. The	9569
rules shall require the state board to establish guidelines for	9570
the establishment and maintenance of the system in accordance with	9571
this section and the rules adopted under this section. The	9572
guidelines shall include:	9573

(1) Standards identifying and defining the types of data in	9574
the system in accordance with divisions (B) and (C) of this	9575
section;	9576

(2) Procedures for annually collecting and reporting the data	9577
to the state board in accordance with division (D) of this	9578
section;	9579

(3) Procedures for annually compiling the data in accordance	9580
with division (G) of this section;	9581

(4) Procedures for annually reporting the data to the public	9582
in accordance with division (H) of this section.	9583

(B) The guidelines adopted under this section shall require	9584
the data maintained in the education management information system	9585
to include at least the following:	9586

(1) Student participation and performance data, for each	9587
grade in each school district as a whole and for each grade in	9588
each school building in each school district, that includes:	9589

(a) The numbers of students receiving each category of	9590
instructional service offered by the school district, such as	9591
regular education instruction, vocational education instruction,	9592
specialized instruction programs or enrichment instruction that is	9593
part of the educational curriculum, instruction for gifted	9594
students, instruction for students with disabilities, and	9595
remedial instruction. The guidelines shall require instructional	9596
services under this division to be divided into discrete	9597
categories if an instructional service is limited to a specific	9598
subject, a specific type of student, or both, such as regular	9599
instructional services in mathematics, remedial reading	9600
instructional services, instructional services specifically for	9601
students gifted in mathematics or some other subject area, or	9602
instructional services for students with a specific type of	9603
disability. The categories of instructional services required by	9604
the guidelines under this division shall be the same as the	9605
categories of instructional services used in determining cost	9606
units pursuant to division (C)(3) of this section.	9607

(b) The numbers of students receiving support or	9608
extracurricular services for each of the support services or	9609
extracurricular programs offered by the school district, such as	9610
counseling services, health services, and extracurricular sports	9611
and fine arts programs. The categories of services required by the	9612
guidelines under this division shall be the same as the categories	9613
of services used in determining cost units pursuant to division	9614
(C)(4)(a) of this section.	9615

(c) Average student grades in each subject in grades nine	9616
through twelve;	9617

(d) Academic achievement levels as assessed by the testing of	9618
student achievement under sections 3301.0710 and 3301.0711 of the	9619
Revised Code;	9620

(e) The number of students designated as having a disabling	9621
condition pursuant to division (C)(1) of section 3301.0711 of the	9622
Revised Code;	9623

(f) The numbers of students reported to the state board	9624
pursuant to division (C)(2) of section 3301.0711 of the Revised	9625
Code;	9626

(g) Attendance rates and the average daily attendance for the	9627
year. For purposes of this division, a student shall be counted as	9628
present for any field trip that is approved by the school	9629
administration.	9630

(h) Expulsion rates;

9631

(i) Suspension rates;

9632

(j) The percentage of students receiving corporal punishment;

9633

(k) Dropout rates;

9634

(l) Rates of retention in grade;

9635

(m) For pupils in grades nine through twelve, the average	9636
number of carnegie units, as calculated in accordance with state	9637
board of education rules;	9638

(n) Graduation rates, to be calculated in a manner specified	9639
by the department of education that reflects the rate at which	9640
students who were in the ninth grade three years prior to the	9641
current year complete school and that is consistent with	9642
nationally accepted reporting requirements;	9643

(o) Results of diagnostic assessments administered to	9644
kindergarten students as required under section 3301.0715 of the	9645
Revised Code to permit a comparison of the academic readiness of	9646
kindergarten students. However, no district shall be required to	9647
report to the department the results of any diagnostic assessment	9648
administered to a kindergarten student if the parent of that	9649
student requests the district not to report those results.	9650

(2) Personnel and classroom enrollment data for each school	9651
district, including:	9652

(a) The total numbers of licensed employees and nonlicensed	9653
employees and the numbers of full-time equivalent licensed	9654
employees and nonlicensed employees providing each category of	9655
instructional service, instructional support service, and	9656
administrative support service used pursuant to division (C)(3) of	9657
this section. The guidelines adopted under this section shall	9658
require these categories of data to be maintained for the school	9659
district as a whole and, wherever applicable, for each grade in	9660
the school district as a whole, for each school building as a	9661
whole, and for each grade in each school building.	9662

(b) The total number of employees and the number of full-time	9663
equivalent employees providing each category of service used	9664
pursuant to divisions (C)(4)(a) and (b) of this section, and the	9665
total numbers of licensed employees and nonlicensed employees and	9666
the numbers of full-time equivalent licensed employees and	9667
nonlicensed employees providing each category used pursuant to	9668
division (C)(4)(c) of this section. The guidelines adopted under	9669
this section shall require these categories of data to be	9670
maintained for the school district as a whole and, wherever	9671
applicable, for each grade in the school district as a whole, for	9672
each school building as a whole, and for each grade in each school	9673
building.	9674

(c) The total number of regular classroom teachers teaching	9675
classes of regular education and the average number of pupils	9676
enrolled in each such class, in each of grades kindergarten	9677
through five in the district as a whole and in each school	9678
building in the school district.	9679

(d) The number of master teachers employed by each school	9680
district and each school building, once a definition of master	9681
teacher has been developed by the educator standards board	9682
pursuant to section 3319.61 of the Revised Code.	9683

(3)(a) Student demographic data for each school district,	9684
including information regarding the gender ratio of the school	9685
district's pupils, the racial make-up of the school district's	9686
pupils, the number of limited English proficient students in the	9687
district, and an appropriate measure of the number of the school	9688
district's pupils who reside in economically disadvantaged	9689
households. The demographic data shall be collected in a manner to	9690
allow correlation with data collected under division (B)(1) of	9691
this section. Categories for data collected pursuant to division	9692
(B)(3) of this section shall conform, where appropriate, to	9693
standard practices of agencies of the federal government.	9694

(b) With respect to each student entering kindergarten,	9695
whether the student previously participated in a public preschool	9696
program, a private preschool program, or a head start program, and	9697
the number of years the student participated in each of these	9698
programs.	9699

(4) Any data required to be collected pursuant to federal	9700
law.	9701

(C) The education management information system shall include	9702
cost accounting data for each district as a whole and for each	9703
school building in each school district. The guidelines adopted	9704
under this section shall require the cost data for each school	9705
district to be maintained in a system of mutually exclusive cost	9706
units and shall require all of the costs of each school district	9707
to be divided among the cost units. The guidelines shall require	9708
the system of mutually exclusive cost units to include at least	9709
the following:	9710

(1) Administrative costs for the school district as a whole.	9711
The guidelines shall require the cost units under this division	9712
(C)(1) to be designed so that each of them may be compiled and	9713
reported in terms of average expenditure per pupil in formula ADM	9714
in the school district, as determined pursuant to section 3317.03	9715
of the Revised Code.	9716

(2) Administrative costs for each school building in the	9717
school district. The guidelines shall require the cost units under	9718
this division (C)(2) to be designed so that each of them may be	9719
compiled and reported in terms of average expenditure per	9720
full-time equivalent pupil receiving instructional or support	9721
services in each building.	9722

(3) Instructional services costs for each category of	9723
instructional service provided directly to students and required	9724
by guidelines adopted pursuant to division (B)(1)(a) of this	9725
section. The guidelines shall require the cost units under	9726
division (C)(3) of this section to be designed so that each of	9727
them may be compiled and reported in terms of average expenditure	9728
per pupil receiving the service in the school district as a whole	9729
and average expenditure per pupil receiving the service in each	9730
building in the school district and in terms of a total cost for	9731
each category of service and, as a breakdown of the total cost, a	9732
cost for each of the following components:	9733

(a) The cost of each instructional services category required	9734
by guidelines adopted under division (B)(1)(a) of this section	9735
that is provided directly to students by a classroom teacher;	9736

(b) The cost of the instructional support services, such as	9737
services provided by a speech-language pathologist, classroom	9738
aide, multimedia aide, or librarian, provided directly to students	9739
in conjunction with each instructional services category;	9740

(c) The cost of the administrative support services related	9741
to each instructional services category, such as the cost of	9742
personnel that develop the curriculum for the instructional	9743
services category and the cost of personnel supervising or	9744
coordinating the delivery of the instructional services category.	9745

(4) Support or extracurricular services costs for each	9746
category of service directly provided to students and required by	9747
guidelines adopted pursuant to division (B)(1)(b) of this section.	9748
The guidelines shall require the cost units under division (C)(4)	9749
of this section to be designed so that each of them may be	9750
compiled and reported in terms of average expenditure per pupil	9751
receiving the service in the school district as a whole and	9752
average expenditure per pupil receiving the service in each	9753
building in the school district and in terms of a total cost for	9754
each category of service and, as a breakdown of the total cost, a	9755
cost for each of the following components:	9756

(a) The cost of each support or extracurricular services	9757
category required by guidelines adopted under division (B)(1)(b)	9758
of this section that is provided directly to students by a	9759
licensed employee, such as services provided by a guidance	9760
counselor or any services provided by a licensed employee under a	9761
supplemental contract;	9762

(b) The cost of each such services category provided directly	9763
to students by a nonlicensed employee, such as janitorial	9764
services, cafeteria services, or services of a sports trainer;	9765

(c) The cost of the administrative services related to each	9766
services category in division (C)(4)(a) or (b) of this section,	9767
such as the cost of any licensed or nonlicensed employees that	9768
develop, supervise, coordinate, or otherwise are involved in	9769
administering or aiding the delivery of each services category.	9770

(D)(1) The guidelines adopted under this section shall	9771
require school districts to collect information about individual	9772
students, staff members, or both in connection with any data	9773
required by division (B) or (C) of this section or other reporting	9774
requirements established in the Revised Code. The guidelines may	9775
also require school districts to report information about	9776
individual staff members in connection with any data required by	9777
division (B) or (C) of this section or other reporting	9778
requirements established in the Revised Code. The guidelines shall	9779
not authorize school districts to request social security numbers	9780
of individual students. The guidelines shall prohibit the	9781
reporting under this section of a student's name, address, and	9782
social security number to the state board of education or the	9783
department of education. The guidelines shall also prohibit the	9784
reporting under this section of any personally identifiable	9785
information about any student, except for the purpose of assigning	9786
the data verification code required by division (D)(2) of this	9787
section, to any other person unless such person is employed by the	9788
school district or the information technology center operated	9789
under section 3301.075 of the Revised Code and is authorized by	9790
the district or technology center to have access to such	9791
information or is employed by an entity with which the department	9792
contracts for the scoring of tests administered under section	9793
3301.0711 or 3301.0712 of the Revised Code. The guidelines may	9794
require school districts to provide the social security numbers of	9795
individual staff members.	9796

(2) The guidelines shall provide for each school district or	9797
community school to assign a data verification code that is unique	9798
on a statewide basis over time to each student whose initial Ohio	9799
enrollment is in that district or school and to report all	9800
required individual student data for that student utilizing such	9801
code. The guidelines shall also provide for assigning data	9802
verification codes to all students enrolled in districts or	9803
community schools on the effective date of the guidelines	9804
established under this section.	9805

Individual student data shall be reported to the department	9806
through the information technology centers utilizing the code but,	9807
except as provided in ~~section~~sections 3310.11, 3310.42, 3313.978,	9808
and 3317.20 of the Revised Code, at no time shall the state board	9809
or the department have access to information that would enable any	9810
data verification code to be matched to personally identifiable	9811
student data.	9812

Each school district shall ensure that the data verification	9813
code is included in the student's records reported to any	9814
subsequent school district or community school in which the	9815
student enrolls. Any such subsequent district or school shall	9816
utilize the same identifier in its reporting of data under this	9817
section.	9818

The director of health shall request and receive, pursuant to	9819
sections 3301.0723 and 3701.62 of the Revised Code, a data	9820
verification code for a child who is receiving services under	9821
division (A)(2) of section 3701.61 of the Revised Code.	9822

(E) The guidelines adopted under this section may require	9823
school districts to collect and report data, information, or	9824
reports other than that described in divisions (A), (B), and (C)	9825
of this section for the purpose of complying with other reporting	9826
requirements established in the Revised Code. The other data,	9827
information, or reports may be maintained in the education	9828
management information system but are not required to be compiled	9829
as part of the profile formats required under division (G) of this	9830
section or the annual statewide report required under division (H)	9831
of this section.	9832

(F) Beginning with the school year that begins July 1, 1991,	9833
the board of education of each school district shall annually	9834
collect and report to the state board, in accordance with the	9835
guidelines established by the board, the data required pursuant to	9836
this section. A school district may collect and report these data	9837
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	9838

(G) The state board shall, in accordance with the procedures	9839
it adopts, annually compile the data reported by each school	9840
district pursuant to division (D) of this section. The state board	9841
shall design formats for profiling each school district as a whole	9842
and each school building within each district and shall compile	9843
the data in accordance with these formats. These profile formats	9844
shall:	9845

(1) Include all of the data gathered under this section in a	9846
manner that facilitates comparison among school districts and	9847
among school buildings within each school district;	9848

(2) Present the data on academic achievement levels as	9849
assessed by the testing of student achievement maintained pursuant	9850
to division (B)(1)(d) of this section.	9851

(H)(1) The state board shall, in accordance with the	9852
procedures it adopts, annually prepare a statewide report for all	9853
school districts and the general public that includes the profile	9854
of each of the school districts developed pursuant to division (G)	9855
of this section. Copies of the report shall be sent to each school	9856
district.	9857

(2) The state board shall, in accordance with the procedures	9858
it adopts, annually prepare an individual report for each school	9859
district and the general public that includes the profiles of each	9860
of the school buildings in that school district developed pursuant	9861
to division (G) of this section. Copies of the report shall be	9862
sent to the superintendent of the district and to each member of	9863
the district board of education.	9864

(3) Copies of the reports received from the state board under	9865
divisions (H)(1) and (2) of this section shall be made available	9866
to the general public at each school district's offices. Each	9867
district board of education shall make copies of each report	9868
available to any person upon request and payment of a reasonable	9869
fee for the cost of reproducing the report. The board shall	9870
annually publish in a newspaper of general circulation in the	9871
school district, at least twice during the two weeks prior to the	9872
week in which the reports will first be available, a notice	9873
containing the address where the reports are available and the	9874
date on which the reports will be available.	9875

(I) Any data that is collected or maintained pursuant to this	9876
section and that identifies an individual pupil is not a public	9877
record for the purposes of section 149.43 of the Revised Code.	9878

(J) As used in this section:

9879

(1) "School district" means any city, local, exempted	9880
village, or joint vocational school district and, in accordance	9881
with section 3314.17 of the Revised Code, any community school. As	9882
used in division (L) of this section, "school district" also	9883
includes any educational service center or other educational	9884
entity required to submit data using the system established under	9885
this section.	9886

(2) "Cost" means any expenditure for operating expenses made	9887
by a school district excluding any expenditures for debt	9888
retirement except for payments made to any commercial lending	9889
institution for any loan approved pursuant to section 3313.483 of	9890
the Revised Code.	9891

(K) Any person who removes data from the information system	9892
established under this section for the purpose of releasing it to	9893
any person not entitled under law to have access to such	9894
information is subject to section 2913.42 of the Revised Code	9895
prohibiting tampering with data.	9896

(L)(1) In accordance with division (L)(2) of this section and	9897
the rules adopted under division (L)(10) of this section, the	9898
department of education may sanction any school district that	9899
reports incomplete or inaccurate data, reports data that does not	9900
conform to data requirements and descriptions published by the	9901
department, fails to report data in a timely manner, or otherwise	9902
does not make a good faith effort to report data as required by	9903
this section.	9904

(2) If the department decides to sanction a school district	9905
under this division, the department shall take the following	9906
sequential actions:	9907

(a) Notify the district in writing that the department has	9908
determined that data has not been reported as required under this	9909
section and require the district to review its data submission and	9910
submit corrected data by a deadline established by the department.	9911
The department also may require the district to develop a	9912
corrective action plan, which shall include provisions for the	9913
district to provide mandatory staff training on data reporting	9914
procedures.	9915

(b) Withhold up to ten per cent of the total amount of state	9916
funds due to the district for the current fiscal year and, if not	9917
previously required under division (L)(2)(a) of this section,	9918
require the district to develop a corrective action plan in	9919
accordance with that division;	9920

(c) Withhold an additional amount of up to twenty per cent of	9921
the total amount of state funds due to the district for the	9922
current fiscal year;	9923

(d) Direct department staff or an outside entity to	9924
investigate the district's data reporting practices and make	9925
recommendations for subsequent actions. The recommendations may	9926
include one or more of the following actions:	9927

(i) Arrange for an audit of the district's data reporting	9928
practices by department staff or an outside entity;	9929

(ii) Conduct a site visit and evaluation of the district;

9930

(iii) Withhold an additional amount of up to thirty per cent	9931
of the total amount of state funds due to the district for the	9932
current fiscal year;	9933

(iv) Continue monitoring the district's data reporting;

9934

(v) Assign department staff to supervise the district's data	9935
management system;	9936

(vi) Conduct an investigation to determine whether to suspend	9937
or revoke the license of any district employee in accordance with	9938
division (N) of this section;	9939

(vii) If the district is issued a report card under section	9940
3302.03 of the Revised Code, indicate on the report card that the	9941
district has been sanctioned for failing to report data as	9942
required by this section;	9943

(viii) If the district is issued a report card under section	9944
3302.03 of the Revised Code and incomplete or inaccurate data	9945
submitted by the district likely caused the district to receive a	9946
higher performance rating than it deserved under that section,	9947
issue a revised report card for the district;	9948

(ix) Any other action designed to correct the district's data	9949
reporting problems.	9950

(3) Any time the department takes an action against a school	9951
district under division (L)(2) of this section, the department	9952
shall make a report of the circumstances that prompted the action.	9953
The department shall send a copy of the report to the district	9954
superintendent or chief administrator and maintain a copy of the	9955
report in its files.	9956

(4) If any action taken under division (L)(2) of this section	9957
resolves a school district's data reporting problems to the	9958
department's satisfaction, the department shall not take any	9959
further actions described by that division. If the department	9960
withheld funds from the district under that division, the	9961
department may release those funds to the district, except that if	9962
the department withheld funding under division (L)(2)(c) of this	9963
section, the department shall not release the funds withheld under	9964
division (L)(2)(b) of this section and, if the department withheld	9965
funding under division (L)(2)(d) of this section, the department	9966
shall not release the funds withheld under division (L)(2)(b) or	9967
(c) of this section.	9968

(5) Notwithstanding anything in this section to the contrary,	9969
the department may use its own staff or an outside entity to	9970
conduct an audit of a school district's data reporting practices	9971
any time the department has reason to believe the district has not	9972
made a good faith effort to report data as required by this	9973
section. If any audit conducted by an outside entity under	9974
division (L)(2)(d)(i) or (5) of this section confirms that a	9975
district has not made a good faith effort to report data as	9976
required by this section, the district shall reimburse the	9977
department for the full cost of the audit. The department may	9978
withhold state funds due to the district for this purpose.	9979

(6) Prior to issuing a revised report card for a school	9980
district under division (L)(2)(d)(viii) of this section, the	9981
department may hold a hearing to provide the district with an	9982
opportunity to demonstrate that it made a good faith effort to	9983
report data as required by this section. The hearing shall be	9984
conducted by a referee appointed by the department. Based on the	9985
information provided in the hearing, the referee shall recommend	9986
whether the department should issue a revised report card for the	9987
district. If the referee affirms the department's contention that	9988
the district did not make a good faith effort to report data as	9989
required by this section, the district shall bear the full cost of	9990
conducting the hearing and of issuing any revised report card.	9991

(7) If the department determines that any inaccurate data	9992
reported under this section caused a school district to receive	9993
excess state funds in any fiscal year, the district shall	9994
reimburse the department an amount equal to the excess funds, in	9995
accordance with a payment schedule determined by the department.	9996
The department may withhold state funds due to the district for	9997
this purpose.	9998

(8) Any school district that has funds withheld under	9999
division (L)(2) of this section may appeal the withholding in	10000
accordance with Chapter 119. of the Revised Code.	10001

(9) In all cases of a disagreement between the department and	10002
a school district regarding the appropriateness of an action taken	10003
under division (L)(2) of this section, the burden of proof shall	10004
be on the district to demonstrate that it made a good faith effort	10005
to report data as required by this section.	10006

(10) The state board of education shall adopt rules under	10007
Chapter 119. of the Revised Code to implement division (L) of this	10008
section.	10009

(M) No information technology center or school district shall	10010
acquire, change, or update its student administration software	10011
package to manage and report data required to be reported to the	10012
department unless it converts to a student software package that	10013
is certified by the department.	10014

(N) The state board of education, in accordance with sections	10015
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	10016
license as defined under division (A) of section 3319.31 of the	10017
Revised Code that has been issued to any school district employee	10018
found to have willfully reported erroneous, inaccurate, or	10019
incomplete data to the education management information system.	10020

(O) No person shall release or maintain any information about	10021
any student in violation of this section. Whoever violates this	10022
division is guilty of a misdemeanor of the fourth degree.	10023

(P) The department shall disaggregate the data collected	10024
under division (B)(1)(o) of this section according to the race and	10025
socioeconomic status of the students assessed. No data collected	10026
under that division shall be included on the report cards required	10027
by section 3302.03 of the Revised Code.	10028

(Q) If the department cannot compile any of the information	10029
required by division (C)(5) of section 3302.03 of the Revised Code	10030
based upon the data collected under this section, the department	10031
shall develop a plan and a reasonable timeline for the collection	10032
of any data necessary to comply with that division.	10033

Sec. 3310.42. (A) Only for the purpose of administering the	10034
autism scholarship program, the department of education may	10035
request from any of the following entities the data verification	10036
code assigned under division (D)(2) of section 3301.0714 of the	10037
Revised Code to any child who is seeking a scholarship under the	10038
program:	10039

(1) The school district in which the child is entitled to	10040
attend school;	10041

(2) If applicable, the community school in which the child is	10042
enrolled;	10043

(3) The independent contractor engaged to create and maintain	10044
data verification codes.	10045

(B) Upon a request by the department under division (A) of	10046
this section for the data verification code of a child seeking a	10047
scholarship or a request by the child's parent for that code, the	10048
school district or community school shall submit that code to the	10049
department or parent in the manner specified by the department. If	10050
the child has not been assigned a code, because the child will be	10051
entering preschool or kindergarten during the school year for	10052
which the scholarship is sought, the district shall assign a code	10053
to that child and submit the code to the department or parent by a	10054
date specified by the department. If the district does not assign	10055
a code to the child by the specified date, the department shall	10056
assign a code to the child.	10057

The department annually shall submit to each school district	10058
the name and data verification code of each child residing in the	10059
district who is entering preschool or kindergarten, who has been	10060
awarded a scholarship under the program, and for whom the	10061
department has assigned a code under this division.	10062

(C) The department shall not release any data verification	10063
code that it receives under this section to any person except as	10064
provided by law.	10065

(D) Any document relative to the autism scholarship program	10066
that the department holds in its files that contains both a	10067
child's name or other personally identifiable information and the	10068
child's data verification code shall not be a public record under	10069
section 149.43 of the Revised Code.	10070

Sec. 3311.21. (A) In addition to the resolutions authorized	10071
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of	10072
the Revised Code, the board of education of a joint vocational or	10073
cooperative education school district by a vote of two-thirds of	10074
its full membership may at any time adopt a resolution declaring	10075
the necessity to levy a tax in excess of the ten-mill limitation	10076
for a period not to exceed ten years to provide funds for any one	10077
or more of the following purposes, which may be stated in the	10078
following manner in such resolution, the ballot, and the notice of	10079
election: purchasing a site or enlargement thereof and for the	10080
erection and equipment of buildings; for the purpose of enlarging,	10081
improving, or rebuilding thereof; for the purpose of providing for	10082
the current expenses of the joint vocational or cooperative school	10083
district; or for a continuing period for the purpose of providing	10084
for the current expenses of the joint vocational or cooperative	10085
education school district. The resolution shall specify the amount	10086
of the proposed rate and, if a renewal, whether the levy is to	10087
renew all, or a portion of, the existing levy, and shall specify	10088
the first year in which the levy will be imposed. If the levy	10089
provides for but is not limited to current expenses, the	10090
resolution shall apportion the annual rate of the levy between	10091
current expenses and the other purpose or purposes. Such	10092
apportionment may but need not be the same for each year of the	10093
levy, but the respective portions of the rate actually levied each	10094
year for current expenses and the other purpose or purposes shall	10095
be limited by such apportionment. The portion of any such rate	10096
actually levied for current expenses of a joint vocational or	10097
cooperative education school district shall be used in applying	10098
division (A) of section 3317.01 of the Revised Code. The portion	10099
of any such rate not apportioned to the current expenses of a	10100
joint vocational or cooperative education school district shall be	10101
used in applying division (B) of this section. On the adoption of	10102
such resolution, the joint vocational or cooperative education	10103
school district board of education shall certify the resolution to	10104
the board of elections of the county containing the most populous	10105
portion of the district, which board shall receive resolutions for	10106
filing and send them to the boards of elections of each county in	10107
which territory of the district is located, furnish all ballots	10108
for the election as provided in section 3505.071 of the Revised	10109
Code, and prepare the election notice; and the board of elections	10110
of each county in which the territory of such district is located	10111
shall make the other necessary arrangements for the submission of	10112
the question to the electors of the joint vocational or	10113
cooperative education school district at the next primary or	10114
general election occurring not less than seventy-five days after	10115
the resolution was received from the joint vocational or	10116
cooperative education school district board of education, or at a	10117
special election to be held at a time designated by the district	10118
board of education consistent with the requirements of section	10119
3501.01 of the Revised Code, which date shall not be earlier than	10120
seventy-five days after the adoption and certification of the	10121
resolution.	10122

The board of elections of the county or counties in which	10123
territory of the joint vocational or cooperative education school	10124
district is located shall cause to be published in one or more	10125
newspapers of general circulation in that district an	10126
advertisement of the proposed tax levy question together with a	10127
statement of the amount of the proposed levy once a week for two	10128
consecutive weeks, prior to the election at which the question is	10129
to appear on the ballot, and, if the board of elections operates	10130
and maintains a web site, the board also shall post a similar	10131
advertisement on its web site for thirty days prior to that	10132
election.	10133

If a majority of the electors voting on the question of	10134
levying such tax vote in favor of the levy, the joint vocational	10135
or cooperative education school district board of education shall	10136
annually make the levy within the district at the rate specified	10137
in the resolution and ballot or at any lesser rate, and the county	10138
auditor of each affected county shall annually place the levy on	10139
the tax list and duplicate of each school district in the county	10140
having territory in the joint vocational or cooperative education	10141
school district. The taxes realized from the levy shall be	10142
collected at the same time and in the same manner as other taxes	10143
on the duplicate, and the taxes, when collected, shall be paid to	10144
the treasurer of the joint vocational or cooperative education	10145
school district and deposited to a special fund, which shall be	10146
established by the joint vocational or cooperative education	10147
school district board of education for all revenue derived from	10148
any tax levied pursuant to this section and for the proceeds of	10149
anticipation notes which shall be deposited in such fund. After	10150
the approval of the levy, the joint vocational or cooperative	10151
education school district board of education may anticipate a	10152
fraction of the proceeds of the levy and from time to time, during	10153
the life of the levy, but in any year prior to the time when the	10154
tax collection from the levy so anticipated can be made for that	10155
year, issue anticipation notes in an amount not exceeding fifty	10156
per cent of the estimated proceeds of the levy to be collected in	10157
each year up to a period of five years after the date of the	10158
issuance of the notes, less an amount equal to the proceeds of the	10159
levy obligated for each year by the issuance of anticipation	10160
notes, provided that the total amount maturing in any one year	10161
shall not exceed fifty per cent of the anticipated proceeds of the	10162
levy for that year. Each issue of notes shall be sold as provided	10163
in Chapter 133. of the Revised Code, and shall, except for such	10164
limitation that the total amount of such notes maturing in any one	10165
year shall not exceed fifty per cent of the anticipated proceeds	10166
of the levy for that year, mature serially in substantially equal	10167
installments, during each year over a period not to exceed five	10168
years after their issuance.	10169

(B) Prior to the application of section 319.301 of the	10170
Revised Code, the rate of a levy that is limited to, or to the	10171
extent that it is apportioned to, purposes other than current	10172
expenses shall be reduced in the same proportion in which the	10173
district's total valuation increases during the life of the levy	10174
because of additions to such valuation that have resulted from	10175
improvements added to the tax list and duplicate.	10176

(C) The form of ballot cast at an election under division (A)	10177
of this section shall be as prescribed by section 5705.25 of the	10178
Revised Code.	10179

Sec. 3311.24. (A)(1) Except as provided in division (B) of	10180
this section, the board of education of a city, exempted village,	10181
or local school district shall file with the state board of	10182
education a proposal to transfer territory from such district to	10183
an adjoining city, exempted village, or local school district in	10184
any of the following circumstances:	10185

(a) The district board deems the transfer advisable and, if	10186
the portion of the district proposed to be transferred is five	10187
acres or more, the board has obtained written consent to the	10188
transfer from seventy-five per cent of the owners of parcels of	10189
real property on the tax duplicate within that portion of the	10190
district;	10191

(b) A petition, signed by seventy-five per cent of the	10192
qualified electors residing within that portion of a city,	10193
exempted village, or local school district proposed to be	10194
transferred voting at the last general election, requests such a	10195
transfer;	10196

(c) If no qualified electors reside in that portion of the	10197
district proposed to be transferred, a petition, signed by	10198
seventy-five per cent of the owners of parcels of real property on	10199
the tax duplicate within that portion of the district, requests	10200
such a transfer.	10201

(2) The board of education of the district in which such	10202
proposal originates shall file such proposal, together with a map	10203
showing the boundaries of the territory proposed to be	10204
transferred, with the state board of education prior to the first	10205
day of April in any even-numbered year. The state board of	10206
education may, if it is advisable, provide for a hearing in any	10207
suitable place in any of the school districts affected by such	10208
proposed transfer of territory. The state board of education or	10209
its representatives shall preside at any such hearing.	10210

(3) A board of education of a city, exempted village, or	10211
local school district that receives a petition of transfer signed	10212
by electors of the district under division (A)(1)(b) of this	10213
section shall cause the board of elections to check the	10214
sufficiency of signatures on the petition. A board of education of	10215
a city, exempted village, or local school district that receives	10216
written consent or a petition of transfer signed by owners of	10217
parcels of real property under division (A)(1)(a) or (c) of this	10218
section shall cause the county auditor to check the sufficiency	10219
of signatures on the consent or petition.	10220

(4) Not later than the first day of September the state board	10221
of education shall either approve or disapprove a proposed	10222
transfer of territory filed with it as provided by this section	10223
and shall notify, in writing, the boards of education of the	10224
districts affected by such proposed transfer of territory of its	10225
decision.	10226

If the decision of the state board of education is an	10227
approval of the proposed transfer of territory then the board of	10228
education of the district in which the territory is located shall,	10229
within thirty days after receiving the state board of education's	10230
decision, adopt a resolution transferring the territory and shall	10231
forthwith submit a copy of such resolution to the treasurer of the	10232
board of education of the city, exempted village, or local school	10233
district to which the territory is transferred. Such transfer	10234
shall not be complete however, until:	10235

(a) A resolution accepting the transfer has been passed by a	10236
majority vote of the full membership of the board of education of	10237
the city, exempted village, or local school district to which the	10238
territory is transferred;	10239

(b) An equitable division of the funds and indebtedness	10240
between the districts involved has been made by the board of	10241
education making the transfer;	10242

(c) A map showing the boundaries of the territory transferred	10243
has been filed, by the board of education accepting the transfer,	10244
with the county auditor of each county affected by the transfer.	10245

When such transfer is complete the legal title of the school	10246
property in the territory transferred shall be vested in the board	10247
of education or governing board of the school district to which	10248
the territory is transferred.	10249

(B) Whenever the transfer of territory pursuant to this	10250
section is initiated by a board of education, the board shall,	10251
before filing a proposal for transfer with the state board of	10252
education under this section, make a good faith effort to	10253
negotiate the terms of transfer with any other school district	10254
whose territory would be affected by the transfer. Before the	10255
state board may hold a hearing on the transfer, or approve or	10256
disapprove any such transfer, it must receive the following:	10257

(1) A resolution requesting approval of the transfer, passed	10258
by the school district submitting the proposal and, if applicable,	10259
evidence of the consent of affected property owners to the	10260
transfer;	10261

(2) Evidence determined to be sufficient by the state board	10262
to show that good faith negotiations have taken place or that the	10263
district requesting the transfer has made a good faith effort to	10264
hold such negotiations;	10265

(3) If any negotiations took place, a statement signed by all	10266
boards that participated in the negotiations, listing the terms	10267
agreed on and the points on which no agreement could be reached.	10268

Negotiations held pursuant to this section shall be governed	10269
by the rules adopted by the state board under division (D) of	10270
section 3311.06 of the Revised Code. Districts involved in a	10271
transfer under division (B) of this section may agree to share	10272
revenues from the property included in the territory to be	10273
transferred, establish cooperative programs between the	10274
participating districts, and establish mechanisms for the	10275
settlement of any future boundary disputes.	10276

Sec. 3313.842. (A) The boards of education of any two or	10277
more school districts may enter into an agreement for joint or	10278
cooperative establishment and operation of any educational program	10279
including any class, course, or program that may be included in a	10280
school district's graded course of study and staff development	10281
programs for teaching and nonteaching school employees. Each	10282
school district that is party to such an agreement may contribute	10283
funds of the district in support of the agreement and for the	10284
establishment and operation of any educational program established	10285
under the agreement. The agreement shall designate one of the	10286
districts as the district responsible for receiving and disbursing	10287
the funds contributed by the districts that are parties to the	10288
agreement.	10289

(B) Notwithstanding sections 3313.48 and 3313.64 of the	10290
Revised Code, any district that is party to an agreement for joint	10291
or cooperative establishment and operation of an educational	10292
program may charge fees or tuition for students who participate in	10293
the program and are entitled to attend school in the district	10294
under section 3313.64 or 3313.65 of the Revised Code.	10295

Sec. 3313.978. (A) Annually by the first day of November,	10296
the superintendent of public instruction shall notify the pilot	10297
project school district of the number of initial scholarships that	10298
the state superintendent will be awarding in each of grades	10299
kindergarten through eight.	10300

The state superintendent shall provide information about the	10301
scholarship program to all students residing in the district,	10302
shall accept applications from any such students until such date	10303
as shall be established by the state superintendent as a deadline	10304
for applications, and shall establish criteria for the selection	10305
of students to receive scholarships from among all those applying	10306
prior to the deadline, which criteria shall give preference to	10307
students from low-income families. For each student selected, the	10308
state superintendent shall also determine whether the student	10309
qualifies for seventy-five or ninety per cent of the scholarship	10310
amount. Students whose family income is at or above two hundred	10311
per cent of the maximum income level established by the state	10312
superintendent for low-income families shall qualify for	10313
seventy-five per cent of the scholarship amount and students whose	10314
family income is below two hundred per cent of that maximum income	10315
level shall qualify for ninety per cent of the scholarship amount.	10316
The state superintendent shall notify students of their selection	10317
prior to the fifteenth day of January and whether they qualify for	10318
seventy-five or ninety per cent of the scholarship amount.	10319

(1) A student receiving a pilot project scholarship may	10320
utilize it at an alternative public school by notifying the	10321
district superintendent, at any time before the beginning of the	10322
school year, of the name of the public school in an adjacent	10323
school district to which the student has been accepted pursuant to	10324
section 3327.06 of the Revised Code.	10325

(2) A student may decide to utilize a pilot project	10326
scholarship at a registered private school in the district if all	10327
of the following conditions are met:	10328

(a) By the fifteenth day of February of the preceding school	10329
year, or at any time prior to the start of the school year, the	10330
parent makes an application on behalf of the student to a	10331
registered private school.	10332

(b) The registered private school notifies the parent and the	10333
state superintendent as follows that the student has been	10334
admitted:	10335

(i) By the fifteenth day of March of the preceding school	10336
year if the student filed an application by the fifteenth day of	10337
February and was admitted by the school pursuant to division (A)	10338
of section 3313.977 of the Revised Code;	10339

(ii) Within one week of the decision to admit the student if	10340
the student is admitted pursuant to division (C) of section	10341
3313.977 of the Revised Code.	10342

(c) The student actually enrolls in the registered private	10343
school to which the student was first admitted or in another	10344
registered private school in the district or in a public school in	10345
an adjacent school district.	10346

(B) The state superintendent shall also award in any school	10347
year tutorial assistance grants to a number of students equal to	10348
the number of students who receive scholarships under division (A)	10349
of this section. Tutorial assistance grants shall be awarded	10350
solely to students who are enrolled in the public schools of the	10351
district in a grade level covered by the pilot project. Tutorial	10352
assistance grants may be used solely to obtain tutorial assistance	10353
from a provider approved pursuant to division (D) of section	10354
3313.976 of the Revised Code.	10355

All students wishing to obtain tutorial assistance grants	10356
shall make application to the state superintendent by the first	10357
day of the school year in which the assistance will be used. The	10358
state superintendent shall award assistance grants in accordance	10359
with criteria the superintendent shall establish. For each student	10360
awarded a grant, the state superintendent shall also determine	10361
whether the student qualifies for seventy-five or ninety per cent	10362
of the grant amount and so notify the student. Students whose	10363
family income is at or above two hundred per cent of the maximum	10364
income level established by the state superintendent for	10365
low-income families shall qualify for seventy-five per cent of the	10366
grant amount and students whose family income is below two hundred	10367
per cent of that maximum income level shall qualify for ninety per	10368
cent of the grant amount.	10369

(C)(1) In the case of basic scholarships for students in	10370
grades kindergarten through eight, the scholarship amount shall	10371
not exceed the lesser of the tuition charges of the alternative	10372
school the scholarship recipient attends or three thousand	10373
dollars before fiscal year 2007 and three thousand four hundred	10374
fifty dollars in fiscal year 2007 and thereafter.	10375

In the case of basic scholarships for students in grades nine	10376
through twelve, the scholarship amount shall not exceed the lesser	10377
of the tuition charges of the alternative school the scholarship	10378
recipient attends or two thousand seven hundred dollars before	10379
fiscal year 2007 and three thousand four hundred fifty dollars in	10380
fiscal year 2007 and thereafter.	10381

(2) The state superintendent shall provide for an increase in	10382
the basic scholarship amount in the case of any student who is a	10383
mainstreamed student with a disability and shall further increase	10384
such amount in the case of any separately educated student with a	10385
disability. Such increases shall take into account the	10386
instruction, related services, and transportation costs of	10387
educating such students.	10388

(3) In the case of tutorial assistance grants, the grant	10389
amount shall not exceed the lesser of the provider's actual	10390
charges for such assistance or:	10391

(a) Before fiscal year 2007, a percentage established by the	10392
state superintendent, not to exceed twenty per cent, of the amount	10393
of the pilot project school district's average basic scholarship	10394
amount;	10395

(b) In fiscal year 2007 and thereafter, four hundred dollars.

10396

(4) No scholarship or tutorial assistance grant shall be	10397
awarded unless the state superintendent determines that	10398
twenty-five or ten per cent, as applicable, of the amount	10399
specified for such scholarship or grant pursuant to division	10400
(C)(1), (2), or (3) of this section will be furnished by a	10401
political subdivision, a private nonprofit or for profit entity,	10402
or another person. Only seventy-five or ninety per cent of such	10403
amounts, as applicable, shall be paid from state funds pursuant to	10404
section 3313.979 of the Revised Code.	10405

(D)(1) Annually by the first day of November, the state	10406
superintendent shall estimate the maximum per-pupil scholarship	10407
amounts for the ensuing school year. The state superintendent	10408
shall make this estimate available to the general public at the	10409
offices of the district board of education together with the forms	10410
required by division (D)(2) of this section.	10411

(2) Annually by the fifteenth day of January, the chief	10412
administrator of each registered private school located in the	10413
pilot project district and the principal of each public school in	10414
such district shall complete a parental information form and	10415
forward it to the president of the board of education. The	10416
parental information form shall be prescribed by the department of	10417
education and shall provide information about the grade levels	10418
offered, the numbers of students, tuition amounts, achievement	10419
test results, and any sectarian or other organizational	10420
affiliations.	10421

(E)(1) Only for the purpose of administering the pilot	10422
project scholarship program, the department may request from any	10423
of the following entities the data verification code assigned	10424
under division (D)(2) of section 3301.0714 of the Revised Code to	10425
any student who is seeking a scholarship under the program:	10426

(a) The school district in which the student is entitled to	10427
attend school under section 3313.64 or 3313.65 of the Revised	10428
Code;	10429

(b) If applicable, the community school in which the student	10430
is enrolled;	10431

(c) The independent contractor engaged to create and maintain	10432
data verification codes.	10433

(2) Upon a request by the department under division (E)(1) of	10434
this section for the data verification code of a student seeking a	10435
scholarship or a request by the student's parent for that code,	10436
the school district or community school shall submit that code to	10437
the department or parent in the manner specified by the	10438
department. If the student has not been assigned a code, because	10439
the student will be entering kindergarten during the school year	10440
for which the scholarship is sought, the district shall assign a	10441
code to that student and submit the code to the department or	10442
parent by a date specified by the department. If the district does	10443
not assign a code to the student by the specified date, the	10444
department shall assign a code to the student.	10445

The department annually shall submit to each school district	10446
the name and data verification code of each student residing in	10447
the district who is entering kindergarten, who has been awarded a	10448
scholarship under the program, and for whom the department has	10449
assigned a code under this division.	10450

(3) The department shall not release any data verification	10451
code that it receives under division (E) of this section to any	10452
person except as provided by law.	10453

(F) Any document relative to the pilot project scholarship	10454
program that the department holds in its files that contains both	10455
a student's name or other personally identifiable information and	10456
the student's data verification code shall not be a public record	10457
under section 149.43 of the Revised Code.	10458

Sec. 3314.016. (A) After June 30, 2007, a new start-up	10459
school may be established under this chapter only if the school's	10460
governing authority enters into a contract with an operator that	10461
manages other schools in the United States that perform at a level	10462
higher than academic watch. The governing authority of the	10463
community school may sign a contract with an operator only if the	10464
operator has fewer contracts with the governing authorities of new	10465
start-up schools established under this chapter after June 30,	10466
2007, than the number of schools managed by the operator in the	10467
United States that perform at a level higher than academic watch,	10468
as determined by the department of education.	10469

(B) Notwithstanding division (A) of this section, the	10470
governing authority of a start-up school sponsored by an entity	10471
described in divisions (C)(1)(b) to (f) of section 3314.02 of the	10472
Revised Code may establish one additional school serving the same	10473
grade levels and providing the same educational program as the	10474
current start-up school and may open that additional school in the	10475
2007-2008 school year, if both of the following conditions are	10476
met:	10477

(1) The governing authority entered into another contract	10478
with the same sponsor or a different sponsor described in	10479
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code	10480
and filed a copy of that contract with the superintendent of	10481
public instruction prior to March 15, 2006.	10482

(2) The governing authority's current school satisfies all of	10483
the following conditions:	10484

(a) The school currently is rated as excellent or effective	10485
pursuant to section 3302.03 of the Revised Code.	10486

(b) The school made adequate yearly progress, as defined in	10487
section 3302.01 of the Revised Code, for the previous school year.	10488

(c) The school has been in operation for at least four school	10489
years.	10490

(d) The school is not managed by an operator.

10491

(C) Notwithstanding division (A) of this section, the	10492
governing authority of a start-up school sponsored by the big	10493
eight school district in which the school is located may establish	10494
one additional start-up school that is located in the same school	10495
district and that provides a general educational program to	10496
students in any or all of grades kindergarten through five to	10497
facilitate their transition to the current start-up school, and	10498
may open the additional start-up school in the 2009-2010 school	10499
year, if both of the following conditions are met:	10500

(1) The governing authority enters into another contract with	10501
the same sponsor and files a copy of the contract with the	10502
superintendent of public instruction prior to March 15, 2009.	10503

(2) The governing authority's current school satisfies all of	10504
the following conditions:	10505

(a) The school provided instruction to students for eleven	10506
months in the previous school year.	10507

(b) The school has been in operation for at least two school	10508
years.	10509

(c) The school qualified to be rated in need of continuous	10510
improvement or higher pursuant to section 3302.03 of the Revised	10511
Code for its first school year of operation, even though the	10512
department of education did not issue a report card for the	10513
school for that school year.	10514

Sec. 3314.02. (A) As used in this chapter:

10515

(1) "Sponsor" means an entity listed in division (C)(1) of	10516
this section, which has been approved by the department of	10517
education to sponsor community schools and with which the	10518
governing authority of the proposed community school enters into a	10519
contract pursuant to this section.	10520

(2) "Pilot project area" means the school districts included	10521
in the territory of the former community school pilot project	10522
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	10523
the 122nd general assembly.	10524

(3) "Challenged school district" means any of the following:

10525

(a) A school district that is part of the pilot project area;

10526

(b) A school district that is either in a state of academic	10527
emergency or in a state of academic watch under section 3302.03 of	10528
the Revised Code;	10529

10530

(4) "Big eight school district" means a school district that	10531
for fiscal year 1997 had both of the following:	10532

(a) A percentage of children residing in the district and	10533
participating in the predecessor of Ohio works first greater than	10534
thirty per cent, as reported pursuant to section 3317.10 of the	10535
Revised Code;	10536

(b) An average daily membership greater than twelve thousand,	10537
as reported pursuant to former division (A) of section 3317.03 of	10538
the Revised Code.	10539

(5) "New start-up school" means a community school other than	10540
one created by converting all or part of an existing public school	10541
or educational service center building, as designated in the	10542
school's contract pursuant to division (A)(17) of section 3314.03	10543
of the Revised Code.	10544

(6) "Urban school district" means one of the state's	10545
twenty-one urban school districts as defined in division (O) of	10546
section 3317.02 of the Revised Code as that section existed prior	10547
to July 1, 1998.	10548

(7) "Internet- or computer-based community school" means a	10549
community school established under this chapter in which the	10550
enrolled students work primarily from their residences on	10551
assignments in nonclassroom-based learning opportunities provided	10552
via an internet- or other computer-based instructional method that	10553
does not rely on regular classroom instruction or via	10554
comprehensive instructional methods that include internet-based,	10555
other computer-based, and noncomputer-based learning	10556
opportunities.	10557

(B) Any person or group of individuals may initially propose	10558
under this division the conversion of all or a portion of a public	10559
school or a building operated by an educational service center to	10560
a community school. The proposal shall be made to the board of	10561
education of the city, local, or exempted village school district	10562
in which the public school is proposed to be converted or, in the	10563
case of the conversion of a building operated by an educational	10564
service center, to the governing board of the service center. Upon	10565
receipt of a proposal, a board may enter into a preliminary	10566
agreement with the person or group proposing the conversion of the	10567
public school or service center building, indicating the intention	10568
of the board ~~of education~~ to support the conversion to a	10569
community school. A proposing person or group that has a	10570
preliminary agreement under this division may proceed to finalize	10571
plans for the school, establish a governing authority for the	10572
school, and negotiate a contract with the board ~~of education~~.	10573
Provided the proposing person or group adheres to the preliminary	10574
agreement and all provisions of this chapter, the board of	10575
~~education~~ shall negotiate in good faith to enter into a contract	10576
in accordance with section 3314.03 of the Revised Code and	10577
division (C) of this section.	10578

(C)(1) Any person or group of individuals may propose under	10579
this division the establishment of a new start-up school to be	10580
located in a challenged school district. The proposal may be made	10581
to any of the following entities:	10582

(a) The board of education of the district in which the	10583
school is proposed to be located;	10584

(b) The board of education of any joint vocational school	10585
district with territory in the county in which is located the	10586
majority of the territory of the district in which the school is	10587
proposed to be located;	10588

(c) The board of education of any other city, local, or	10589
exempted village school district having territory in the same	10590
county where the district in which the school is proposed to be	10591
located has the major portion of its territory;	10592

(d) The governing board of any educational service center, as	10593
long as the proposed school will be located in a county within the	10594
territory of the service center or in a county contiguous to such	10595
county;	10596

(e) A sponsoring authority designated by the board of	10597
trustees of any of the thirteen state universities listed in	10598
section 3345.011 of the Revised Code or the board of trustees	10599
itself as long as a mission of the proposed school to be specified	10600
in the contract under division (A)(2) of section 3314.03 of the	10601
Revised Code and as approved by the department of education under	10602
division (B)(2) of section 3314.015 of the Revised Code will be	10603
the practical demonstration of teaching methods, educational	10604
technology, or other teaching practices that are included in the	10605
curriculum of the university's teacher preparation program	10606
approved by the state board of education;	10607

(f) Any qualified tax-exempt entity under section 501(c)(3)	10608
of the Internal Revenue Code as long as all of the following	10609
conditions are satisfied:	10610

(i) The entity has been in operation for at least five years	10611
prior to applying to be a community school sponsor.	10612

(ii) The entity has assets of at least five hundred thousand	10613
dollars and a demonstrated record of financial responsibility.	10614

(iii) The department of education has determined that the	10615
entity is an education-oriented entity under division (B)(3) of	10616
section 3314.015 of the Revised Code and the entity has a	10617
demonstrated record of successful implementation of educational	10618
programs.	10619

(iv) The entity is not a community school.

10620

Any entity described in division (C)(1) of this section may	10621
enter into a preliminary agreement pursuant to division (C)(2) of	10622
this section with the proposing person or group.	10623

(2) A preliminary agreement indicates the intention of an	10624
entity described in division (C)(1) of this section to sponsor the	10625
community school. A proposing person or group that has such a	10626
preliminary agreement may proceed to finalize plans for the	10627
school, establish a governing authority as described in division	10628
(E) of this section for the school, and negotiate a contract with	10629
the entity. Provided the proposing person or group adheres to the	10630
preliminary agreement and all provisions of this chapter, the	10631
entity shall negotiate in good faith to enter into a contract in	10632
accordance with section 3314.03 of the Revised Code.	10633

(3) A new start-up school that is established in a school	10634
district while that district is either in a state of academic	10635
emergency or in a state of academic watch under section 3302.03 of	10636
the Revised Code may continue in existence once the school	10637
district is no longer in a state of academic emergency or academic	10638
watch, provided there is a valid contract between the school and a	10639
sponsor.	10640

(4) A copy of every preliminary agreement entered into under	10641
this division shall be filed with the superintendent of public	10642
instruction.	10643

(D) A majority vote of the board of a sponsoring entity and a	10644
majority vote of the members of the governing authority of a	10645
community school shall be required to adopt a contract and convert	10646
the public school or educational service center building to a	10647
community school or establish the new start-up school. Beginning	10648
September 29, 2005, adoption of the contract shall occur not	10649
later than the fifteenth day of March, and signing of the	10650
contract shall occur not later than the fifteenth day of May,	10651
prior to the school year in which the school will open. The	10652
governing authority shall notify the department of education when	10653
the contract has been signed. Subject to sections 3314.013,	10654
3314.014, 3314.016, and 3314.017 of the Revised Code, an	10655
unlimited number of community schools may be established in any	10656
school district provided that a contract is entered into for each	10657
community school pursuant to this chapter.	10658

(E)(1) As used in this division, "immediate relatives" are	10659
limited to spouses, children, parents, grandparents, siblings, and	10660
in-laws.	10661

Each new start-up community school established under this	10662
chapter shall be under the direction of a governing authority	10663
which shall consist of a board of not less than five individuals.	10664

No person shall serve on the governing authority or operate	10665
the community school under contract with the governing authority	10666
so long as the person owes the state any money or is in a dispute	10667
over whether the person owes the state any money concerning the	10668
operation of a community school that has closed.	10669

(2) No person shall serve on the governing authorities of	10670
more than two start-up community schools at the same time.	10671

(3) No present or former member, or immediate relative of a	10672
present or former member, of the governing authority of any	10673
community school established under this chapter shall be an owner,	10674
employee, or consultant of any nonprofit or for-profit operator of	10675
a community school, unless at least one year has elapsed since the	10676
conclusion of the person's membership.	10677

(F) ~~Nothing in this chapter shall be construed to permit the~~	10678
~~establishment of a community school in more than one school~~	10679
~~district under the same contract.~~	10680

~~(G)~~(1) A new start-up school that is established prior to	10681
August 15, 2003, in an urban school district that is not also a	10682
big-eight school district may continue to operate after that date	10683
and the contract between the school's governing authority and the	10684
school's sponsor may be renewed, as provided under this chapter,	10685
after that date, but no additional new start-up schools may be	10686
established in such a district unless the district is a challenged	10687
school district as defined in this section as it exists on and	10688
after that date.	10689

(2) A community school that was established prior to June	10690
29, 1999, and is located in a county contiguous to the pilot	10691
project area and in a school district that is not a challenged	10692
school district may continue to operate after that date, provided	10693
the school complies with all provisions of this chapter. The	10694
contract between the school's governing authority and the	10695
school's sponsor may be renewed, but no additional start-up	10696
community school may be established in that district unless the	10697
district is a challenged school district.	10698

(3) Any educational service center that, on ~~the effective~~	10699
~~date of this amendment~~June 30, 2007, sponsors a community school	10700
that is not located in a county within the territory of the	10701
service center or in a county contiguous to such county may	10702
continue to sponsor that community school on and after ~~the~~	10703
~~effective date of this amendment~~June 30, 2007, and may renew its	10704
contract with the school. However, the educational service center	10705
shall not enter into a contract with any additional community	10706
school unless the school is located in a county within the	10707
territory of the service center or in a county contiguous to such	10708
county.	10709

Sec. 3314.03. A copy of every contract entered into under	10710
this section shall be filed with the superintendent of public	10711
instruction.	10712

(A) Each contract entered into between a sponsor and the	10713
governing authority of a community school shall specify the	10714
following:	10715

(1) That the school shall be established as either of the	10716
following:	10717

(a) A nonprofit corporation established under Chapter 1702.	10718
of the Revised Code, if established prior to April 8, 2003;	10719

(b) A public benefit corporation established under Chapter	10720
1702. of the Revised Code, if established after April 8, 2003;	10721

(2) The education program of the school, including the	10722
school's mission, the characteristics of the students the school	10723
is expected to attract, the ages and grades of students, and the	10724
focus of the curriculum;	10725

(3) The academic goals to be achieved and the method of	10726
measurement that will be used to determine progress toward those	10727
goals, which shall include the statewide achievement tests;	10728

(4) Performance standards by which the success of the school	10729
will be evaluated by the sponsor;	10730

(5) The admission standards of section 3314.06 of the Revised	10731
Code and, if applicable, section 3314.061 of the Revised Code;	10732

(6)(a) Dismissal procedures;

10733

(b) A requirement that the governing authority adopt an	10734
attendance policy that includes a procedure for automatically	10735
withdrawing a student from the school if the student without a	10736
legitimate excuse fails to participate in one hundred five	10737
consecutive hours of the learning opportunities offered to the	10738
student.	10739

(7) The ways by which the school will achieve racial and	10740
ethnic balance reflective of the community it serves;	10741

(8) Requirements for financial audits by the auditor of	10742
state. The contract shall require financial records of the school	10743
to be maintained in the same manner as are financial records of	10744
school districts, pursuant to rules of the auditor of state, and	10745
the audits shall be conducted in accordance with section 117.10 of	10746
the Revised Code.	10747

(9) The facilities to be used and their locations;

10748

(10) Qualifications of teachers, including a requirement that	10749
the school's classroom teachers be licensed in accordance with	10750
sections 3319.22 to 3319.31 of the Revised Code, except that a	10751
community school may engage noncertificated persons to teach up to	10752
twelve hours per week pursuant to section 3319.301 of the Revised	10753
Code;	10754

(11) That the school will comply with the following	10755
requirements:	10756

(a) The school will provide learning opportunities to a	10757
minimum of twenty-five students for a minimum of nine hundred	10758
twenty hours per school year;	10759

(b) The governing authority will purchase liability	10760
insurance, or otherwise provide for the potential liability of the	10761
school;	10762

(c) The school will be nonsectarian in its programs,	10763
admission policies, employment practices, and all other	10764
operations, and will not be operated by a sectarian school or	10765
religious institution;	10766

(d) The school will comply with sections 9.90, 9.91, 109.65,	10767
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	10768
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	10769
3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66,	10770
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671,	10771
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80,	10772
3313.96, 3319.073, 3319.313, 3319.314, 3319.315, 3319.321,	10773
3319.39, 3319.391, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18,	10774
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	10775
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	10776
and 4167. of the Revised Code as if it were a school district and	10777
will comply with section 3301.0714 of the Revised Code in the	10778
manner specified in section 3314.17 of the Revised Code;	10779

(e) The school shall comply with Chapter 102. and section	10780
2921.42 of the Revised Code;	10781

(f) The school will comply with sections 3313.61, 3313.611,	10782
and 3313.614 of the Revised Code, except that for students who	10783
enter ninth grade for the first time before July 1, 2010, the	10784
requirement in sections 3313.61 and 3313.611 of the Revised Code	10785
that a person must successfully complete the curriculum in any	10786
high school prior to receiving a high school diploma may be met by	10787
completing the curriculum adopted by the governing authority of	10788
the community school rather than the curriculum specified in Title	10789
XXXIII of the Revised Code or any rules of the state board of	10790
education. Beginning with students who enter ninth grade for the	10791
first time on or after July 1, 2010, the requirement in sections	10792
3313.61 and 3313.611 of the Revised Code that a person must	10793
successfully complete the curriculum of a high school prior to	10794
receiving a high school diploma shall be met by completing the	10795
Ohio core curriculum prescribed in division (C) of section	10796
3313.603 of the Revised Code, unless the person qualifies under	10797
division (D) or (F) of that section. Each school shall comply with	10798
the plan for awarding high school credit based on demonstration of	10799
subject area competency, adopted by the state board of education	10800
under division (J) of section 3313.603 of the Revised Code.	10801

(g) The school governing authority will submit within four	10802
months after the end of each school year a report of its	10803
activities and progress in meeting the goals and standards of	10804
divisions (A)(3) and (4) of this section and its financial status	10805
to the sponsor and the parents of all students enrolled in the	10806
school.	10807

(h) The school, unless it is an internet- or computer-based	10808
community school, will comply with section 3313.801 of the Revised	10809
Code as if it were a school district.	10810

(12) Arrangements for providing health and other benefits to	10811
employees;	10812

(13) The length of the contract, which shall begin at the	10813
beginning of an academic year. No contract shall exceed five years	10814
unless such contract has been renewed pursuant to division (E) of	10815
this section.	10816

(14) The governing authority of the school, which shall be	10817
responsible for carrying out the provisions of the contract;	10818

(15) A financial plan detailing an estimated school budget	10819
for each year of the period of the contract and specifying the	10820
total estimated per pupil expenditure amount for each such year.	10821
The plan shall specify for each year the base formula amount that	10822
will be used for purposes of funding calculations under section	10823
3314.08 of the Revised Code. This base formula amount for any year	10824
shall not exceed the formula amount defined under section 3317.02	10825
of the Revised Code. The plan may also specify for any year a	10826
percentage figure to be used for reducing the per pupil amount of	10827
the subsidy calculated pursuant to section 3317.029 of the Revised	10828
Code the school is to receive that year under section 3314.08 of	10829
the Revised Code.	10830

(16) Requirements and procedures regarding the disposition of	10831
employees of the school in the event the contract is terminated or	10832
not renewed pursuant to section 3314.07 of the Revised Code;	10833

(17) Whether the school is to be created by converting all or	10834
part of an existing public school or educational service center	10835
building or is to be a new start-up school, and if it is a	10836
converted public school or service center building, specification	10837
of any duties or responsibilities of an employer that the board of	10838
education or service center governing board that operated the	10839
school or building before conversion is delegating to the	10840
governing ~~board~~authority of the community school with respect to	10841
all or any specified group of employees provided the delegation is	10842
not prohibited by a collective bargaining agreement applicable to	10843
such employees;	10844

(18) Provisions establishing procedures for resolving	10845
disputes or differences of opinion between the sponsor and the	10846
governing authority of the community school;	10847

(19) A provision requiring the governing authority to adopt a	10848
policy regarding the admission of students who reside outside the	10849
district in which the school is located. That policy shall comply	10850
with the admissions procedures specified in sections 3314.06 and	10851
3314.061 of the Revised Code and, at the sole discretion of the	10852
authority, shall do one of the following:	10853

(a) Prohibit the enrollment of students who reside outside	10854
the district in which the school is located;	10855

(b) Permit the enrollment of students who reside in districts	10856
adjacent to the district in which the school is located;	10857

(c) Permit the enrollment of students who reside in any other	10858
district in the state.	10859

(20) A provision recognizing the authority of the department	10860
of education to take over the sponsorship of the school in	10861
accordance with the provisions of division (C) of section 3314.015	10862
of the Revised Code;	10863

(21) A provision recognizing the sponsor's authority to	10864
assume the operation of a school under the conditions specified in	10865
division (B) of section 3314.073 of the Revised Code;	10866

(22) A provision recognizing both of the following:

10867

(a) The authority of public health and safety officials to	10868
inspect the facilities of the school and to order the facilities	10869
closed if those officials find that the facilities are not in	10870
compliance with health and safety laws and regulations;	10871

(b) The authority of the department of education as the	10872
community school oversight body to suspend the operation of the	10873
school under section 3314.072 of the Revised Code if the	10874
department has evidence of conditions or violations of law at the	10875
school that pose an imminent danger to the health and safety of	10876
the school's students and employees and the sponsor refuses to	10877
take such action;	10878

(23) A description of the learning opportunities that will be	10879
offered to students including both classroom-based and	10880
non-classroom-based learning opportunities that is in compliance	10881
with criteria for student participation established by the	10882
department under division (L)(2) of section 3314.08 of the Revised	10883
Code;	10884

(24) The school will comply with section 3302.04 of the	10885
Revised Code, including division (E) of that section to the extent	10886
possible, except that any action required to be taken by a school	10887
district pursuant to that section shall be taken by the sponsor of	10888
the school. However, the sponsor shall not be required to take any	10889
action described in division (F) of that section.	10890

(25) Beginning in the 2006-2007 school year, the school will	10891
open for operation not later than the thirtieth day of September	10892
each school year, unless the mission of the school as specified	10893
under division (A)(2) of this section is solely to serve dropouts.	10894
In its initial year of operation, if the school fails to open by	10895
the thirtieth day of September, or within one year after the	10896
adoption of the contract pursuant to division (D) of section	10897
3314.02 of the Revised Code if the mission of the school is solely	10898
to serve dropouts, the contract shall be void.	10899

(B) The community school shall also submit to the sponsor a	10900
comprehensive plan for the school. The plan shall specify the	10901
following:	10902

(1) The process by which the governing authority of the	10903
school will be selected in the future;	10904

(2) The management and administration of the school;

10905

(3) If the community school is a currently existing public	10906
school or educational service center building, alternative	10907
arrangements for current public school students who choose not to	10908
attend the converted school and for teachers who choose not to	10909
teach in the school or building after conversion;	10910

(4) The instructional program and educational philosophy of	10911
the school;	10912

(5) Internal financial controls.

10913

(C) A contract entered into under section 3314.02 of the	10914
Revised Code between a sponsor and the governing authority of a	10915
community school may provide for the community school governing	10916
authority to make payments to the sponsor, which is hereby	10917
authorized to receive such payments as set forth in the contract	10918
between the governing authority and the sponsor. The total amount	10919
of such payments for oversight and monitoring of the school shall	10920
not exceed three per cent of the total amount of payments for	10921
operating expenses that the school receives from the state.	10922

(D) The contract shall specify the duties of the sponsor	10923
which shall be in accordance with the written agreement entered	10924
into with the department of education under division (B) of	10925
section 3314.015 of the Revised Code and shall include the	10926
following:	10927

(1) Monitor the community school's compliance with all laws	10928
applicable to the school and with the terms of the contract;	10929

(2) Monitor and evaluate the academic and fiscal performance	10930
and the organization and operation of the community school on at	10931
least an annual basis;	10932

(3) Report on an annual basis the results of the evaluation	10933
conducted under division (D)(2) of this section to the department	10934
of education and to the parents of students enrolled in the	10935
community school;	10936

(4) Provide technical assistance to the community school in	10937
complying with laws applicable to the school and terms of the	10938
contract;	10939

(5) Take steps to intervene in the school's operation to	10940
correct problems in the school's overall performance, declare the	10941
school to be on probationary status pursuant to section 3314.073	10942
of the Revised Code, suspend the operation of the school pursuant	10943
to section 3314.072 of the Revised Code, or terminate the contract	10944
of the school pursuant to section 3314.07 of the Revised Code as	10945
determined necessary by the sponsor;	10946

(6) Have in place a plan of action to be undertaken in the	10947
event the community school experiences financial difficulties or	10948
closes prior to the end of a school year.	10949

(E) Upon the expiration of a contract entered into under this	10950
section, the sponsor of a community school may, with the approval	10951
of the governing authority of the school, renew that contract for	10952
a period of time determined by the sponsor, but not ending earlier	10953
than the end of any school year, if the sponsor finds that the	10954
school's compliance with applicable laws and terms of the contract	10955
and the school's progress in meeting the academic goals prescribed	10956
in the contract have been satisfactory. Any contract that is	10957
renewed under this division remains subject to the provisions of	10958
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	10959

(F) If a community school fails to open for operation within	10960
one year after the contract entered into under this section is	10961
adopted pursuant to division (D) of section 3314.02 of the Revised	10962
Code or permanently closes prior to the expiration of the	10963
contract, the contract shall be void and the school shall not	10964
enter into a contract with any other sponsor. A school shall not	10965
be considered permanently closed because the operations of the	10966
school have been suspended pursuant to section 3314.072 of the	10967
Revised Code. Any contract that becomes void under this division	10968
shall not count toward any statewide limit on the number of such	10969
contracts prescribed by section 3314.013 of the Revised Code.	10970

Sec. 3314.05. ~~Division (A) of this section shall not apply~~	10971
~~to internet- or computer-based community schools.~~	10972

(A) The contract between the community school and the sponsor	10973
shall specify the facilities to be used for the community school	10974
and the method of acquisition. Except as provided in division	10975
(B)(3) of this section, no community school shall be established	10976
in more than one school district under the same contract.	10977

~~(A) A~~(B) Division (B) of this section shall not apply to	10978
internet- or computer-based community schools.	10979

(1) A community school may be located in multiple facilities	10980
under the same contract only if the limitations on availability	10981
of space prohibit serving all the grade levels specified in the	10982
contract in a single facility or division (B)(2) or (3) of this	10983
section applies to the school. The school shall not offer the	10984
same grade level classrooms in more than one facility.	10985

(2) A community school may be located in multiple facilities	10986
under the same contract and, notwithstanding division (B)(1) of	10987
this section, may assign students in the same grade level to	10988
multiple facilities, as long as all of the following apply:	10989

(a) The governing authority of the community school filed a	10990
copy of its contract with the school's sponsor under section	10991
3314.03 of the Revised Code with the superintendent of public	10992
instruction on or before May 15, 2008.	10993

(b) The school was not open for operation prior to July 1,	10994
2008.	10995

(c) The governing authority has entered into and maintains a	10996
contract with an operator of the type described in division (A)(2)	10997
of section 3314.014 of the Revised Code.	10998

(d) The contract with that operator qualified the school to	10999
be established pursuant to division (A) of section 3314.016 of the	11000
Revised Code.	11001

(e) The school's rating under section 3302.03 of the Revised	11002
Code does not fall below "in need of continuous improvement" for	11003
two or more consecutive years.	11004

(3) A new start-up community school may be established in	11005
two school districts under the same contract if all of the	11006
following apply:	11007

(a) At least one of the school districts in which the school	11008
is established is a challenged school district;	11009

(b) The school operates not more than one facility in each	11010
school district and, in accordance with division (B)(1) of this	11011
section, the school does not offer the same grade level classrooms	11012
in both facilities; and	11013

(c) Transportation between the two facilities does not	11014
require more than thirty minutes of direct travel time as measured	11015
by school bus.	11016

In the case of a community school to which division (B)(3) of	11017
this section applies, if only one of the school districts in which	11018
the school is established is a challenged school district, that	11019
district shall be considered the school's primary location and the	11020
district in which the school is located for the purposes of	11021
division (A)(19) of section 3314.03 and divisions (C) and (H) of	11022
section 3314.06 of the Revised Code and for all other purposes of	11023
this chapter. If both of the school districts in which the school	11024
is established are challenged school districts, the school's	11025
governing authority shall designate one of those districts to be	11026
considered the school's primary location and the district in which	11027
the school is located for the purposes of those divisions and all	11028
other purposes of this chapter and shall notify the department of	11029
education of that designation.	11030

(4) Any facility used for a community school shall meet all	11031
health and safety standards established by law for school	11032
buildings.	11033

~~(B)~~(C) In the case where a community school is proposed to be	11034
located in a facility owned by a school district or educational	11035
service center, the facility may not be used for such community	11036
school unless the district or service center board owning the	11037
facility enters into an agreement for the community school to	11038
utilize the facility. Use of the facility may be under any terms	11039
and conditions agreed to by the district or service center board	11040
and the school.	11041

Sec. 3314.37. (A) A five-year demonstration project is	11042
hereby established at the community schools known as the ISUS	11043
institutes. The project is a research and development initiative	11044
to collect and analyze data with which to improve dropout	11045
prevention and recovery programs, to evaluate various	11046
methodologies employed in those programs, to develop tools and	11047
criteria for evaluating community schools that operate dropout	11048
prevention and recovery programs, to institute stringent	11049
accountability measures for such community schools, and to	11050
direct curricular and programming decisions for such community	11051
schools. The program shall begin with the 2008-2009 school year	11052
and shall operate through the 2012-2013 school year.	11053

(B) Under the demonstration project, the ISUS institutes	11054
shall select and pay the costs of an independent evaluator to	11055
create a study plan and collect and analyze data from the	11056
institutes. The ISUS institutes' selection of the independent	11057
evaluator is subject to the approval of the department of	11058
education. The data collected by the evaluator shall include, but	11059
need not be limited to, the following:	11060

(1) Baseline measures of student status at enrollment,	11061
including academic level; history of court involvement, drug use,	11062
and other behavioral problems; and the circumstances of the	11063
students' parenting and living arrangements;	11064

(2) Student academic progress, measured at multiple and	11065
regular intervals each school year;	11066

(3) Value-added elements of the institutes' dropout	11067
prevention and recovery programs, including industry	11068
certifications, college coursework, community service and service	11069
learning, apprenticeships, and internships;	11070

(4) Outcomes in addition to high school graduation, including	11071
students' contributions to community service and students'	11072
transitions to employment, post-secondary training, college, or	11073
the military.	11074

(C) Not later than the thirtieth day of September following	11075
each school year in which the demonstration project is operating,	11076
the independent evaluator shall do both of the following:	11077

(1) Submit to the ISUS institutes and the department all data	11078
collected and a report of its data analysis;	11079

(2) Submit a report of its data analysis to the speaker and	11080
minority leader of the house of representatives, the president and	11081
minority leader of the senate, and the chairpersons and ranking	11082
minority members of the standing committees of the house of	11083
representatives and the senate that consider education	11084
legislation.	11085

(D) For each school year in which the demonstration project	11086
is operating:	11087

(1) The ISUS institutes shall continue to report data through	11088
the education management information system under section 3314.17	11089
of the Revised Code.	11090

(2) The department shall continue to issue annual report	11091
cards for the ISUS institutes under section 3314.012 of the	11092
Revised Code and shall continue to assign them performance ratings	11093
under division (B) of section 3302.03 of the Revised Code.	11094

(E) Nothing in this section prevents the application to the	11095
ISUS institutes, during the demonstration project, of any	11096
provision of the Revised Code or rule or policy of the department	11097
or the state board of education requiring closure, or otherwise	11098
restricting the operation, of a community school based on	11099
measures of academic performance for any school year before or	11100
during the demonstration project. Nothing in this section prevents	11101
a sponsor of an ISUS institute from terminating or not renewing	11102
its contract with the school, from suspending the operations of	11103
the school, or from placing the school on probationary status, in	11104
accordance with this chapter, during the demonstration project.	11105
Nothing in this section prevents the auditor of state from taking	11106
action against an ISUS institute under Chapter 117. of the	11107
Revised Code or other applicable law during the demonstration	11108
project.	11109

(F) The department may conduct its own analysis of data	11110
submitted under the demonstration project.	11111

(G) Not later than December 31, 2013, the independent	11112
evaluator shall issue a final report of its findings and analysis	11113
and its recommendations for appropriate academic accountability	11114
measures for community schools that operate dropout prevention and	11115
recovery programs. The independent evaluator shall submit the	11116
report to the department, the speaker and minority leader of the	11117
house of representatives, the president and minority leader of the	11118
senate, and the chairpersons and ranking minority members of the	11119
standing committees of the house of representatives and the senate	11120
that consider education legislation.	11121

Sec. 3314.40. The governing authorities of two or more	11122
community schools may enter into a pooling agreement under which	11123
the schools may act jointly to do any of the following:	11124

(A) Purchase health insurance for the schools' employees;

11125

(B) Secure liability insurance for the schools;

11126

(C) Purchase other goods or services necessary for the	11127
operation of the schools;	11128

(D) Provide transportation to students enrolled in the	11129
schools.	11130

Sec. 3316.03. (A) The existence of a fiscal watch shall be	11131
declared by the auditor of state. The auditor of state may make a	11132
determination on the auditor of state's initiative, or upon	11133
receipt of a written request for such a determination, which may	11134
be filed by the governor, the superintendent of public	11135
instruction, or a majority of the members of the board of	11136
education of the school district.	11137

(1) The auditor of state shall declare a school district to	11138
be in a state of fiscal watch if the auditor of state determines	11139
that both of the following conditions are satisfied with respect	11140
to the school district:	11141

(a) An operating deficit has been certified for the current	11142
fiscal year by the auditor of state, and the certified operating	11143
deficit exceeds eight per cent of the school district's general	11144
fund revenue for the preceding fiscal year;	11145

(b) A majority of the voting electors have not voted in favor	11146
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	11147
Chapter 5748. of the Revised Code that the auditor of state	11148
expects will raise enough additional revenue in the next	11149
succeeding fiscal year that division (A)(1)(a) of this section	11150
will not apply to the district in such next succeeding fiscal	11151
year.	11152

(2) The auditor of state shall declare a school district to	11153
be in a state of fiscal watch if the auditor of state determines	11154
that the school district has outstanding securities issued under	11155
division (A)(4) of section 3316.06 of the Revised Code, and its	11156
financial planning and supervision commission has been terminated	11157
under section 3316.16 of the Revised Code.	11158

(3) The auditor of state shall declare a school district to	11159
be in a state of fiscal watch if both of the following conditions	11160
are satisfied:	11161

(a) The superintendent of public instruction has reported to	11162
the auditor of state that the superintendent has declared the	11163
district under section 3316.031 of the Revised Code to be under a	11164
fiscal caution, has found that the district has not acted	11165
reasonably to eliminate or correct practices or conditions that	11166
prompted the declaration, and has determined the declaration of a	11167
state of fiscal watch necessary to prevent further fiscal decline;	11168

(b) The auditor of state determines that the decision of the	11169
superintendent is reasonable.	11170

If the auditor of state determines that the decision of the	11171
superintendent is not reasonable, the auditor of state shall	11172
provide the superintendent with a written explanation of that	11173
determination.	11174

(4) The auditor of state may declare a school district to be	11175
in a state of fiscal watch if all of the following conditions are	11176
satisfied:	11177

(a) An operating deficit has been certified for the current	11178
fiscal year by the auditor of state, and the certified operating	11179
deficit exceeds two per cent, but does not exceed eight per cent,	11180
of the school district's general fund revenue for the preceding	11181
fiscal year;	11182

(b) A majority of the voting electors have not voted in favor	11183
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	11184
Chapter 5748. of the Revised Code that the auditor of state	11185
expects will raise enough additional revenue in the next	11186
succeeding fiscal year that division (A)(4)(a) of this section	11187
will not apply to the district in the next succeeding fiscal year;	11188

(c) The auditor of state determines that there is no	11189
reasonable cause for the deficit or that the declaration of fiscal	11190
watch is necessary to prevent further fiscal decline in the	11191
district.	11192

(B)(1) The auditor of state shall issue an order declaring a	11193
school district to be in a state of fiscal emergency if the	11194
auditor of state determines that both of the following conditions	11195
are satisfied with respect to the school district:	11196

(a) An operating deficit has been certified for the current	11197
fiscal year by the auditor of state, and the certified operating	11198
deficit exceeds fifteen per cent of the school district's general	11199
fund revenue for the preceding fiscal year. In determining the	11200
amount of an operating deficit under division (B)(1)(a) of this	11201
section, the auditor of state shall credit toward the amount of	11202
that deficit only the amount that may be borrowed from the	11203
spending reserve balance as determined under section 133.301 and	11204
division (F) of section 5705.29 of the Revised Code.	11205

(b) A majority of the voting electors have not voted in favor	11206
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	11207
Chapter 5748. of the Revised Code that the auditor of state	11208
expects will raise enough additional revenue in the next	11209
succeeding fiscal year that division (B)(1)(a) of this section	11210
will not apply to the district in such next succeeding fiscal	11211
year.	11212

(2) The auditor of state shall issue an order declaring a	11213
school district to be in a state of fiscal emergency if the school	11214
district board fails, pursuant to section 3316.04 of the Revised	11215
Code, to submit a plan acceptable to the state superintendent of	11216
public instruction within one hundred twenty days of the auditor	11217
of state's declaration under division (A) of this section or an	11218
updated plan when one is required by division (C) of section	11219
3316.04 of the Revised Code;	11220

(3) The auditor of state shall issue an order declaring a	11221
school district to be in a state of fiscal emergency if both of	11222
the following conditions are satisfied:	11223

(a) The superintendent of public instruction has reported to	11224
the auditor of state that the district is not materially complying	11225
with the provisions of an original or updated plan as approved by	11226
the state superintendent under section 3316.04 of the Revised	11227
Code, and that the state superintendent has determined the	11228
declaration of a state of fiscal emergency necessary to prevent	11229
further fiscal decline;	11230

(b) The auditor of state finds that the determination of the	11231
superintendent is reasonable.	11232

If the auditor of state determines that the decision of the	11233
superintendent is not reasonable, the auditor of state shall	11234
provide the superintendent a written explanation of that	11235
determination.	11236

(4) The auditor of state shall issue an order declaring a	11237
school district to be in a state of fiscal emergency if a	11238
declaration of fiscal emergency is required by division (D) of	11239
section 3316.04 of the Revised Code.	11240

(5) The auditor of state may issue an order declaring a	11241
school district to be in a state of fiscal emergency if all of the	11242
following conditions are satisfied:	11243

(a) An operating deficit has been certified for the current	11244
fiscal year by the auditor of state, and the certified operating	11245
deficit exceeds ten per cent, but does not exceed fifteen per	11246
cent, of the school district's general fund revenue for the	11247
preceding fiscal year;	11248

(b) A majority of the voting electors have not voted in favor	11249
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	11250
Chapter 5748. of the Revised Code that the auditor of state	11251
expects will raise enough additional revenue in the next	11252
succeeding fiscal year that division (B)(5)(a) of this section	11253
will not apply to the district in the next succeeding fiscal year;	11254

(c) The auditor of state determines that a declaration of	11255
fiscal emergency is necessary to correct the district's fiscal	11256
problems and to prevent further fiscal decline.	11257

(C) In making the determinations under this section, the	11258
auditor of state may use financial reports required under section	11259
117.43 of the Revised Code; tax budgets, certificates of estimated	11260
resources and amendments thereof, annual appropriating measures	11261
and spending plans, and any other documents or information	11262
prepared pursuant to Chapter 5705. of the Revised Code; and any	11263
other documents, records, or information available to the auditor	11264
of state that indicate the conditions described in divisions (A)	11265
and (B) of this section.	11266

(D) The auditor of state shall certify the action taken under	11267
division (A) or (B) of this section to the board of education of	11268
the school district, the director of budget and management, the	11269
mayor or county auditor who could be required to act pursuant to	11270
division (B)(1) of section 3316.05 of the Revised Code, and to the	11271
superintendent of public instruction.	11272

(E) A determination by the auditor of state under this	11273
section that a fiscal emergency condition does not exist is final	11274
and conclusive and not appealable. A determination by the auditor	11275
of state under this section that a fiscal emergency exists is	11276
final, except that the board of education of the school district	11277
affected by such a determination may appeal the determination of	11278
the existence of a fiscal emergency condition to the court of	11279
appeals having territorial jurisdiction over the school district.	11280
The appeal shall be heard expeditiously by the court of appeals	11281
and for good cause shown shall take precedence over all other	11282
civil matters except earlier matters of the same character. Notice	11283
of such appeal must be filed with the auditor of state and such	11284
court within thirty days after certification by the auditor of	11285
state to the board of education of the school district provided	11286
for in division (D) of this section. In such appeal,	11287
determinations of the auditor of state shall be presumed to be	11288
valid and the board of education shall have the burden of proving,	11289
by clear and convincing evidence, that each of the determinations	11290
made by the auditor of state as to the existence of a fiscal	11291
emergency condition under this section was in error. If the board	11292
of education fails, upon presentation of its case, to prove by	11293
clear and convincing evidence that each such determination by the	11294
auditor of state was in error, the court shall dismiss the appeal.	11295
The board of education and the auditor of state may introduce any	11296
evidence relevant to the existence or nonexistence of such fiscal	11297
emergency conditions. The pendency of any such appeal shall not	11298
affect or impede the operations of this chapter; no restraining	11299
order, temporary injunction, or other similar restraint upon	11300
actions consistent with this chapter shall be imposed by the court	11301
or any court pending determination of such appeal; and all things	11302
may be done under this chapter that may be done regardless of the	11303
pendency of any such appeal. Any action taken or contract	11304
executed pursuant to this chapter during the pendency of such	11305
appeal is valid and enforceable among all parties, notwithstanding	11306
the decision in such appeal. If the court of appeals reverses the	11307
determination of the existence of a fiscal emergency condition by	11308
the auditor of state, the determination no longer has any effect,	11309
and any procedures undertaken as a result of the determination	11310
shall be terminated.	11311

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	11312
133. or sections 3313.483 to 3313.4811 of the Revised Code, and	11313
subject to the approval of the superintendent of public	11314
instruction, a school district that is in a state of fiscal watch	11315
declared under section 3316.03 of the Revised Code may restructure	11316
or refinance loans obtained or in the process of being obtained	11317
under section 3313.483 of the Revised Code if all of the following	11318
requirements are met:	11319

(1) The operating deficit certified for the school district	11320
for the current or preceding fiscal year under section 3313.483 of	11321
the Revised Code exceeds fifteen per cent of the district's	11322
general revenue fund for the fiscal year preceding the year for	11323
which the certification of the operating deficit is made.	11324

(2) The school district voters have, during the period of the	11325
fiscal watch, approved the levy of a tax under section 718.09,	11326
718.10, 5705.194, 5705.21, or 5748.02 of the Revised Code that is	11327
not a renewal or replacement levy, or a levy under section	11328
5705.199 of the Revised Code, and that will provide new operating	11329
revenue.	11330

(3) The board of education of the school district has adopted	11331
or amended the financial plan required by section 3316.04 of the	11332
Revised Code to reflect the restructured or refinanced loans, and	11333
sets forth the means by which the district will bring projected	11334
operating revenues and expenditures, and projected debt service	11335
obligations, into balance for the life of any such loan.	11336

(B) Subject to the approval of the superintendent of public	11337
instruction, the school district may issue securities to evidence	11338
the restructuring or refinancing authorized by this section. Such	11339
securities may extend the original period for repayment not to	11340
exceed ten years, and may alter the frequency and amount of	11341
repayments, interest or other financing charges, and other terms	11342
or agreements under which the loans were originally contracted,	11343
provided the loans received under sections 3313.483 of the Revised	11344
Code are repaid from funds the district would otherwise receive	11345
under sections 3317.022 to 3317.025 of the Revised Code, as	11346
required under division (E)(3) of section 3313.483 of the Revised	11347
Code. Securities issued for the purpose of restructuring or	11348
refinancing under this section shall be repaid in equal payments	11349
and at equal intervals over the term of the debt and are not	11350
eligible to be included in any subsequent proposal to restructure	11351
or refinance.	11352

(C) Unless the district is declared to be in a state of	11353
fiscal emergency under division (D) of section 3316.04 of the	11354
Revised Code, a school district shall remain in a state of fiscal	11355
watch for the duration of the repayment period of any loan	11356
restructured or refinanced under this section.	11357

Sec. 3316.06. (A) Within one hundred twenty days after the	11358
first meeting of a school district financial planning and	11359
supervision commission, the commission shall adopt a financial	11360
recovery plan regarding the school district for which the	11361
commission was created. During the formulation of the plan, the	11362
commission shall seek appropriate input from the school district	11363
board and from the community. This plan shall contain the	11364
following:	11365

(1) Actions to be taken to:

11366

(a) Eliminate all fiscal emergency conditions declared to	11367
exist pursuant to division (B) of section 3316.03 of the Revised	11368
Code;	11369

(b) Satisfy any judgments, past-due accounts payable, and all	11370
past-due and payable payroll and fringe benefits;	11371

(c) Eliminate the deficits in all deficit funds, except that	11372
any prior year deficits in the textbook and instructional	11373
materials fund established pursuant to section 3315.17 of the	11374
Revised Code and the capital and maintenance fund established	11375
pursuant to section 3315.18 of the Revised Code shall be forgiven;	11376

(d) Restore to special funds any moneys from such funds that	11377
were used for purposes not within the purposes of such funds, or	11378
borrowed from such funds by the purchase of debt obligations of	11379
the school district with the moneys of such funds, or missing from	11380
the special funds and not accounted for, if any;	11381

(e) Balance the budget, avoid future deficits in any funds,	11382
and maintain on a current basis payments of payroll, fringe	11383
benefits, and all accounts;	11384

(f) Avoid any fiscal emergency condition in the future;

11385

(g) Restore the ability of the school district to market	11386
long-term general obligation bonds under provisions of law	11387
applicable to school districts generally.	11388

(2) The management structure that will enable the school	11389
district to take the actions enumerated in division (A)(1) of this	11390
section. The plan shall specify the level of fiscal and management	11391
control that the commission will exercise within the school	11392
district during the period of fiscal emergency, and shall	11393
enumerate respectively, the powers and duties of the commission	11394
and the powers and duties of the school board during that period.	11395
The commission may elect to assume any of the powers and duties of	11396
the school board it considers necessary, including all powers	11397
related to personnel, curriculum, and legal issues in order to	11398
successfully implement the actions described in division (A)(1) of	11399
this section.	11400

(3) The target dates for the commencement, progress upon, and	11401
completion of the actions enumerated in division (A)(1) of this	11402
section and a reasonable period of time expected to be required to	11403
implement the plan. The commission shall prepare a reasonable time	11404
schedule for progress toward and achievement of the requirements	11405
for the plan, and the plan shall be consistent with that time	11406
schedule.	11407

(4) The amount and purpose of any issue of debt obligations	11408
that will be issued, together with assurances that any such debt	11409
obligations that will be issued will not exceed debt limits	11410
supported by appropriate certifications by the fiscal officer of	11411
the school district and the county auditor. Debt obligations	11412
issued pursuant to section 133.301 of the Revised Code shall	11413
include assurances that such debt shall be in an amount not to	11414
exceed the amount certified under division (B) of such section. If	11415
the commission considers it necessary in order to maintain or	11416
improve educational opportunities of pupils in the school	11417
district, the plan may include a proposal to restructure or	11418
refinance outstanding debt obligations incurred by the board under	11419
section 3313.483 of the Revised Code contingent upon the approval,	11420
during the period of the fiscal emergency, by district voters of a	11421
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	11422
5748.02, or 5748.08 of the Revised Code, that is not a renewal or	11423
replacement levy, or a levy under section 5705.199 of the Revised	11424
Code, and that will provide new operating revenue. Notwithstanding	11425
any provision of Chapter 133. or sections 3313.483 to 3313.4811 of	11426
the Revised Code, following the required approval of the district	11427
voters and with the approval of the commission, the school	11428
district may issue securities to evidence the restructuring or	11429
refinancing. Those securities may extend the original period for	11430
repayment, not to exceed ten years, and may alter the frequency	11431
and amount of repayments, interest or other financing charges, and	11432
other terms of agreements under which the debt originally was	11433
contracted, at the discretion of the commission, provided that any	11434
loans received pursuant to section 3313.483 of the Revised Code	11435
shall be paid from funds the district would otherwise receive	11436
under sections 3317.022 to 3317.025 of the Revised Code, as	11437
required under division (E)(3) of section 3313.483 of the Revised	11438
Code. The securities issued for the purpose of restructuring or	11439
refinancing the debt shall be repaid in equal payments and at	11440
equal intervals over the term of the debt and are not eligible to	11441
be included in any subsequent proposal for the purpose of	11442
restructuring or refinancing debt under this section.	11443

(B) Any financial recovery plan may be amended subsequent to	11444
its adoption. Each financial recovery plan shall be updated	11445
annually.	11446

(C) Each school district financial planning and supervision	11447
commission shall submit the financial recovery plan it adopts or	11448
updates under this section to the state superintendent of public	11449
instruction for approval immediately following its adoption or	11450
updating. The state superintendent shall evaluate the plan and	11451
either approve or disapprove it within thirty calendar days from	11452
the date of its submission. If the plan is disapproved, the state	11453
superintendent shall recommend modifications that will render it	11454
acceptable. No financial planning and supervision commission shall	11455
implement a financial recovery plan that is adopted or updated on	11456
or after April 10, 2001, unless the state superintendent has	11457
approved it.	11458

Sec. 3316.08. During a school district's fiscal emergency	11459
period, the auditor of state shall determine annually, or at any	11460
other time upon request of the financial planning and supervision	11461
commission, whether the school district will incur an operating	11462
deficit. If the auditor of state determines that a school district	11463
will incur an operating deficit, the auditor of state shall	11464
certify that determination to the superintendent of public	11465
instruction, the financial planning and supervision commission,	11466
and the board of education of the school district. Upon receiving	11467
the auditor of state's certification, the commission shall adopt a	11468
resolution requesting that the board of education work with the	11469
county auditor or tax commissioner to estimate the amount and rate	11470
of a tax levy that is needed under section 5705.194, 5709.199, or	11471
5705.21 or Chapter 5748. of the Revised Code to produce a positive	11472
fund balance not later than the fifth year of the five-year	11473
forecast submitted under section 5705.391 of the Revised Code.	11474

The board of education shall recommend to the commission	11475
whether the board supports or opposes a tax levy under section	11476
5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised	11477
Code and shall provide supporting documentation to the commission	11478
of its recommendation.	11479

After considering the board of education's recommendation and	11480
supporting documentation, the commission shall adopt a resolution	11481
to either submit a ballot question proposing a tax levy or not to	11482
submit such a question.	11483

Except as otherwise provided in this division, the tax shall	11484
be levied in the manner prescribed for a tax levied under section	11485
5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the	11486
Revised Code. If the commission decides that a tax should be	11487
levied, the tax shall be levied for the purpose of paying current	11488
operating expenses of the school district. The rate of a tax	11489
levied under section 5705.194, 5709.199, or 5705.21 of the Revised	11490
Code shall be determined by the county auditor, and the rate of a	11491
tax levied under section 5748.02 or 5748.08 of the Revised Code	11492
shall be determined by the tax commissioner, upon the request of	11493
the commission. The commission, in consultation with the board of	11494
education, shall determine the election at which the question of	11495
the tax shall appear on the ballot, and the commission shall	11496
submit a copy of its resolution to the board of elections not	11497
later than seventy-five days prior to the day of that election.	11498
The board of elections conducting the election shall certify the	11499
results of the election to the board of education and to the	11500
financial planning and supervision commission.	11501

Sec. 3317.023. (A) Notwithstanding section 3317.022 of the	11502
Revised Code, the amounts required to be paid to a district under	11503
this chapter shall be adjusted by the amount of the computations	11504
made under divisions (B) to ~~(P)~~(N) of this section.	11505

As used in this section:

11506

(1) "Classroom teacher" means a licensed employee who	11507
provides direct instruction to pupils, excluding teachers funded	11508
from money paid to the district from federal sources; educational	11509
service personnel; and vocational and special education teachers.	11510

(2) "Educational service personnel" shall not include such	11511
specialists funded from money paid to the district from federal	11512
sources or assigned full-time to vocational or special education	11513
students and classes and may only include those persons employed	11514
in the eight specialist areas in a pattern approved by the	11515
department of education under guidelines established by the state	11516
board of education.	11517

(3) "Annual salary" means the annual base salary stated in	11518
the state minimum salary schedule for the performance of the	11519
teacher's regular teaching duties that the teacher earns for	11520
services rendered for the first full week of October of the fiscal	11521
year for which the adjustment is made under division (C) of this	11522
section. It shall not include any salary payments for supplemental	11523
teachers contracts.	11524

(4) "Regular student population" means the formula ADM plus	11525
the number of students reported as enrolled in the district	11526
pursuant to division (A)(1) of section 3313.981 of the Revised	11527
Code; minus the number of students reported under division (A)(2)	11528
of section 3317.03 of the Revised Code; minus the FTE of students	11529
reported under division (B)(6), (7), (8), (9), (10), (11), or (12)	11530
of that section who are enrolled in a vocational education class	11531
or receiving special education; and minus twenty per cent of the	11532
students enrolled concurrently in a joint vocational school	11533
district.	11534

(5) "State share percentage" has the same meaning as in	11535
section 3317.022 of the Revised Code.	11536

(6) "VEPD" means a school district or group of school	11537
districts designated by the department of education as being	11538
responsible for the planning for and provision of vocational	11539
education services to students within the district or group.	11540

(7) "Lead district" means a school district, including a	11541
joint vocational school district, designated by the department as	11542
a VEPD, or designated to provide primary vocational education	11543
leadership within a VEPD composed of a group of districts.	11544

(B) If the district employs less than one full-time	11545
equivalent classroom teacher for each twenty-five pupils in the	11546
regular student population in any school district, deduct the sum	11547
of the amounts obtained from the following computations:	11548

(1) Divide the number of the district's full-time equivalent	11549
classroom teachers employed by one twenty-fifth;	11550

(2) Subtract the quotient in (1) from the district's regular	11551
student population;	11552

(3) Multiply the difference in (2) by seven hundred fifty-two	11553
dollars.	11554

(C) If a positive amount, add one-half of the amount obtained	11555
by multiplying the number of full-time equivalent classroom	11556
teachers by:	11557

(1) The mean annual salary of all full-time equivalent	11558
classroom teachers employed by the district at their respective	11559
training and experience levels minus;	11560

(2) The mean annual salary of all such teachers at their	11561
respective levels in all school districts receiving payments under	11562
this section.	11563

The number of full-time equivalent classroom teachers used in	11564
this computation shall not exceed one twenty-fifth of the	11565
district's regular student population. In calculating the	11566
district's mean salary under this division, those full-time	11567
equivalent classroom teachers with the highest training level	11568
shall be counted first, those with the next highest training level	11569
second, and so on, in descending order. Within the respective	11570
training levels, teachers with the highest years of service shall	11571
be counted first, the next highest years of service second, and so	11572
on, in descending order.	11573

(D) This division does not apply to a school district that	11574
has entered into an agreement under division (A) of section	11575
3313.42 of the Revised Code. Deduct the amount obtained from the	11576
following computations if the district employs fewer than five	11577
full-time equivalent educational service personnel, including	11578
elementary school art, music, and physical education teachers,	11579
counselors, librarians, visiting teachers, school social workers,	11580
and school nurses for each one thousand pupils in the regular	11581
student population:	11582

(1) Divide the number of full-time equivalent educational	11583
service personnel employed by the district by five	11584
one-thousandths;	11585

(2) Subtract the quotient in (1) from the district's regular	11586
student population;	11587

(3) Multiply the difference in (2) by ninety-four dollars.

11588

(E) If a local school district, or a city or exempted village	11589
school district to which a governing board of an educational	11590
service center provides services pursuant to section 3313.843 of	11591
the Revised Code, deduct the amount of the payment required for	11592
the reimbursement of the governing board under section 3317.11 of	11593
the Revised Code.	11594

(F)(1) If the district is required to pay to or entitled to	11595
receive tuition from another school district under division (C)(2)	11596
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	11597
or if the superintendent of public instruction is required to	11598
determine the correct amount of tuition and make a deduction or	11599
credit under section 3317.08 of the Revised Code, deduct and	11600
credit such amounts as provided in division (J) of section 3313.64	11601
or section 3317.08 of the Revised Code.	11602

(2) For each child for whom the district is responsible for	11603
tuition or payment under division (A)(1) of section 3317.082 or	11604
section 3323.091 of the Revised Code, deduct the amount of tuition	11605
or payment for which the district is responsible.	11606

(G) If the district has been certified by the superintendent	11607
of public instruction under section 3313.90 of the Revised Code as	11608
not in compliance with the requirements of that section, deduct an	11609
amount equal to ten per cent of the amount computed for the	11610
district under section 3317.022 of the Revised Code.	11611

(H) If the district has received a loan from a commercial	11612
lending institution for which payments are made by the	11613
superintendent of public instruction pursuant to division (E)(3)	11614
of section 3313.483 of the Revised Code, deduct an amount equal to	11615
such payments.	11616

(I)(1) If the district is a party to an agreement entered	11617
into under division (D), (E), or (F) of section 3311.06 or	11618
division (B) of section 3311.24 of the Revised Code and is	11619
obligated to make payments to another district under such an	11620
agreement, deduct an amount equal to such payments if the district	11621
school board notifies the department in writing that it wishes to	11622
have such payments deducted.	11623

(2) If the district is entitled to receive payments from	11624
another district that has notified the department to deduct such	11625
payments under division (I)(1) of this section, add the amount of	11626
such payments.	11627

(J) If the district is required to pay an amount of funds to	11628
a cooperative education district pursuant to a provision described	11629
by division (B)(4) of section 3311.52 or division (B)(8) of	11630
section 3311.521 of the Revised Code, deduct such amounts as	11631
provided under that provision and credit those amounts to the	11632
cooperative education district for payment to the district under	11633
division (B)(1) of section 3317.19 of the Revised Code.	11634

(K)(1) If a district is educating a student entitled to	11635
attend school in another district pursuant to a shared education	11636
contract, compact, or cooperative education agreement other than	11637
an agreement entered into pursuant to section 3313.842 of the	11638
Revised Code, credit to that educating district on an FTE basis	11639
both of the following:	11640

(a) An amount equal to the sum of the formula amount plus	11641
the per pupil amount of the base funding supplements specified in	11642
divisions (C)(1) to (4) of section 3317.012 of the Revised Code.	11643

(b) An amount equal to the current formula amount times the	11644
state share percentage times any multiple applicable to the	11645
student pursuant to section 3317.013 or 3317.014 of the Revised	11646
Code.	11647

(2) Deduct any amount credited pursuant to division (K)(1) of	11648
this section from amounts paid to the school district in which the	11649
student is entitled to attend school pursuant to section 3313.64	11650
or 3313.65 of the Revised Code.	11651

(3) If the district is required by a shared education	11652
contract, compact, or cooperative education agreement to make	11653
payments to an educational service center, deduct the amounts from	11654
payments to the district and add them to the amounts paid to the	11655
service center pursuant to section 3317.11 of the Revised Code.	11656

(L)(1) If a district, including a joint vocational school	11657
district, is a lead district of a VEPD, credit to that district	11658
the amounts calculated for all the school districts within that	11659
VEPD pursuant to division (E)(2) of section 3317.022 of the	11660
Revised Code.	11661

(2) Deduct from each appropriate district that is not a lead	11662
district, the amount attributable to that district that is	11663
credited to a lead district under division (L)(1) of this section.	11664

(M) If the department pays a joint vocational school district	11665
under division (G)(4) of section 3317.16 of the Revised Code for	11666
excess costs of providing special education and related services	11667
to a student with a disability, as calculated under division	11668
(G)(2) of that section, the department shall deduct the amount of	11669
that payment from the city, local, or exempted village school	11670
district that is responsible as specified in that section for the	11671
excess costs.	11672

(N)(1) If the district reports an amount of excess cost for	11673
special education services for a child under division (C) of	11674
section 3323.14 of the Revised Code, the department shall pay that	11675
amount to the district.	11676

(2) If the district reports an amount of excess cost for	11677
special education services for a child under division (C) of	11678
section 3323.14 of the Revised Code, the department shall deduct	11679
that amount from the district of residence of that child.	11680

~~(O) If the department of job and family services presents to~~	11681
~~the department of education a payment request through an~~	11682
~~intrastate transfer voucher for the nonfederal share of~~	11683
~~reimbursements made to a school district for medicaid services~~	11684
~~provided by the district, the department of education shall pay~~	11685
~~the amount of that request to the department of job and family~~	11686
~~services and shall deduct the amount of that payment from the~~	11687
~~district.~~	11688

~~(P) If the department is required to pay an amount under~~	11689
~~section 3353.25 of the Revised Code to a school district~~	11690
~~delivering a course included in the clearinghouse established~~	11691
~~under section 3353.21 of the Revised Code for a student enrolled~~	11692
~~in a school district, the department shall deduct that amount~~	11693
~~from the school district in which the student is enrolled.~~	11694

Sec. 3317.11. (A) As used in this section:

11695

(1) "Client school district" means a city or exempted village	11696
school district that has entered into an agreement under section	11697
3313.843 of the Revised Code to receive any services from an	11698
educational service center.	11699

(2) "Service center ADM" means the sum of the total student	11700
counts of all local school districts within an educational service	11701
center's territory and all of the service center's client school	11702
districts.	11703

(3) "STEM school" means a science, technology, engineering,	11704
and mathematics school established under Chapter 3326. of the	11705
Revised Code.	11706

(4) "Total student count" has the same meaning as in section	11707
3301.011 of the Revised Code.	11708

(B)(1) The governing board of each educational service center	11709
shall provide supervisory services to each local school district	11710
within the service center's territory. Each city or exempted	11711
village school district that enters into an agreement under	11712
section 3313.843 of the Revised Code for a governing board to	11713
provide any services also is considered to be provided supervisory	11714
services by the governing board. Except as provided in division	11715
(B)(2) of this section, the supervisory services shall not exceed	11716
one supervisory teacher for the first fifty classroom teachers	11717
required to be employed in the districts, as calculated under	11718
section 3317.023 of the Revised Code, and one for each additional	11719
one hundred required classroom teachers, as so calculated.	11720

The supervisory services shall be financed annually through	11721
supervisory units. Except as provided in division (B)(2) of this	11722
section, the number of supervisory units assigned to each district	11723
shall not exceed one unit for the first fifty classroom teachers	11724
required to be employed in the district, as calculated under	11725
section 3317.023 of the Revised Code, and one for each additional	11726
one hundred required classroom teachers, as so calculated. The	11727
cost of each supervisory unit shall be the sum of:	11728

(a) The minimum salary prescribed by section 3317.13 of the	11729
Revised Code for the licensed supervisory employee of the	11730
governing board;	11731

(b) An amount equal to fifteen per cent of the salary	11732
prescribed by section 3317.13 of the Revised Code;	11733

(c) An allowance for necessary travel expenses, limited to	11734
the lesser of two hundred twenty-three dollars and sixteen cents	11735
per month or two thousand six hundred seventy-eight dollars per	11736
year.	11737

(2) If a majority of the boards of education, or	11738
superintendents acting on behalf of the boards, of the local and	11739
client school districts receiving services from the educational	11740
service center agree to receive additional supervisory services	11741
and to pay the cost of a corresponding number of supervisory units	11742
in excess of the services and units specified in division (B)(1)	11743
of this section, the service center shall provide the additional	11744
services as agreed to by the majority of districts to, and the	11745
department of education shall apportion the cost of the	11746
corresponding number of additional supervisory units pursuant to	11747
division (B)(3) of this section among, all of the service center's	11748
local and client school districts.	11749

(3) The department shall apportion the total cost for all	11750
supervisory units among the service center's local and client	11751
school districts based on each district's total student count. The	11752
department shall deduct each district's apportioned share pursuant	11753
to division (E) of section 3317.023 of the Revised Code and pay	11754
the apportioned share to the service center.	11755

(C) The department annually shall deduct from each local and	11756
client school district of each educational service center,	11757
pursuant to division (E) of section 3317.023 of the Revised Code,	11758
and pay to the service center an amount equal to six dollars and	11759
fifty cents times the school district's total student count. The	11760
board of education, or the superintendent acting on behalf of the	11761
board, of any local or client school district may agree to pay an	11762
amount in excess of six dollars and fifty cents per student in	11763
total student count. If a majority of the boards of education, or	11764
superintendents acting on behalf of the boards, of the local	11765
school districts within a service center's territory approve an	11766
amount in excess of six dollars and fifty cents per student in	11767
total student count, the department shall deduct the approved	11768
excess per student amount from all of the local school districts	11769
within the service center's territory and pay the excess amount to	11770
the service center.	11771

(D) The department shall pay each educational service center	11772
the amounts due to it from school districts pursuant to contracts,	11773
compacts, or agreements under which the service center furnishes	11774
services to the districts or their students. In order to receive	11775
payment under this division, an educational service center shall	11776
furnish either a copy of the contract, compact, or agreement	11777
clearly indicating the amounts of the payments, or a written	11778
statement that clearly indicates the payments owed and is signed	11779
by the superintendent or treasurer of the responsible school	11780
district. The amounts paid to service centers under this division	11781
shall be deducted from payments to school districts pursuant to	11782
division (K)(3) of section 3317.023 of the Revised Code.	11783

(E) Each school district's deduction under this section and	11784
divisions (E) and (K)(3) of section 3317.023 of the Revised Code	11785
shall be made from the total payment computed for the district	11786
under this chapter, after making any other adjustments in that	11787
payment required by law.	11788

(F)(1) Except as provided in division (F)(2) of this section,	11789
the department annually shall pay the governing board of each	11790
educational service center state funds equal to thirty-seven	11791
dollars times its service center ADM.	11792

(2) The department annually shall pay state funds equal to	11793
forty dollars and fifty-two cents times the service center ADM to	11794
each educational service center comprising territory that was	11795
included in the territory of at least three former service centers	11796
or county school districts, which former centers or districts	11797
engaged in one or more mergers under section 3311.053 of the	11798
Revised Code to form the present center.	11799

(G) Each city, exempted village, local, joint vocational, or	11800
cooperative education school district shall pay to the governing	11801
board of an educational service center any amounts agreed to for	11802
each child enrolled in the district who receives special education	11803
and related services or career-technical education from the	11804
educational service center, unless these educational services are	11805
provided pursuant to a contract, compact, or agreement for which	11806
the department deducts and transfers payments under division (D)	11807
of this section and division (K)(3) of section 3317.023 of the	11808
Revised Code.	11809

(H) The department annually shall pay the governing board of	11810
each educational service center that has entered into a contract	11811
with a STEM school for the provision of services described in	11812
division (B) of section 3326.45 of the Revised Code state funds	11813
equal to the per-pupil amount specified in the contract for the	11814
provision of those services times the number of students enrolled	11815
in the STEM school.	11816

(I) An educational service center:

11817

(1) May provide special education and career-technical	11818
education to students in its local or client school districts;	11819

(2) Is eligible for transportation funding under division (G)	11820
of section 3317.024 of the Revised Code and for state subsidies	11821
for the purchase of school buses under section 3317.07 of the	11822
Revised Code;	11823

(3) May apply for and receive gifted education units and	11824
provide gifted education services to students in its local or	11825
client school districts;	11826

(4) May conduct driver education for high school students in	11827
accordance with Chapter 4508. of the Revised Code.	11828

Sec. 3317.20. This section does not apply to preschool	11829
children with disabilities.	11830

(A) As used in this section:

11831

(1) "Applicable weight" means the multiple specified in	11832
section 3317.013 of the Revised Code for a disability described in	11833
that section.	11834

(2) "Child's school district" means the school district in	11835
which a child is entitled to attend school pursuant to section	11836
3313.64 or 3313.65 of the Revised Code.	11837

(3) "State share percentage" means the state share percentage	11838
of the child's school district as defined in section 3317.022 of	11839
the Revised Code.	11840

(B) Except as provided in division (C) of this section, the	11841
department shall annually pay each county MR/DD board for each	11842
child with a disability, other than a preschool child with a	11843
disability, for whom the county MR/DD board provides special	11844
education and related services an amount equal to the formula	11845
amount + (state share percentage X formula amount X the	11846
applicable weight).	11847

(C) If any school district places with a county MR/DD board	11848
more children with disabilities than it had placed with a county	11849
MR/DD board in fiscal year 1998, the department shall not make a	11850
payment under division (B) of this section for the number of	11851
children exceeding the number placed in fiscal year 1998. The	11852
department instead shall deduct from the district's payments	11853
under this chapter, and pay to the county MR/DD board, an amount	11854
calculated in accordance with the formula prescribed in division	11855
(B) of this section for each child over the number of children	11856
placed in fiscal year 1998.	11857

(D) The department shall calculate for each county MR/DD	11858
board receiving payments under divisions (B) and (C) of this	11859
section the following amounts:	11860

(1) The amount received by the county MR/DD board for	11861
approved special education and related services units, other than	11862
units for preschool children with disabilities, in fiscal year	11863
1998, divided by the total number of children served in the units	11864
that year;	11865

(2) The product of the quotient calculated under division	11866
(D)(1) of this section times the number of children for whom	11867
payments are made under divisions (B) and (C) of this section.	11868

If the amount calculated under division (D)(2) of this	11869
section is greater than the total amount calculated under	11870
divisions (B) and (C) of this section, the department shall pay	11871
the county MR/DD board one hundred per cent of the difference in	11872
addition to the payments under divisions (B) and (C) of this	11873
section.	11874

(E) Each county MR/DD board shall report to the department,	11875
in the manner specified by the department, the name of each child	11876
for whom the county MR/DD board provides special education and	11877
related services and the child's school district.	11878

(F)(1) For the purpose of verifying the accuracy of the	11879
payments under this section, the department may request from	11880
either of the following entities the data verification code	11881
assigned under division (D)(2) of section 3301.0714 of the Revised	11882
Code to any child who is placed with a county MR/DD board:	11883

(a) The child's school district;

11884

(b) The independent contractor engaged to create and maintain	11885
data verification codes.	11886

(2) Upon a request by the department under division (F)(1) of	11887
this section for the data verification code of a child, the	11888
child's school district shall submit that code to the department	11889
in the manner specified by the department. If the child has not	11890
been assigned a code, the district shall assign a code to that	11891
child and submit the code to the department by a date specified by	11892
the department. If the district does not assign a code to the	11893
child by the specified date, the department shall assign a code to	11894
the child.	11895

The department annually shall submit to each school district	11896
the name and data verification code of each child residing in the	11897
district for whom the department has assigned a code under this	11898
division.	11899

(3) The department shall not release any data verification	11900
code that it receives under division (F) of this section to any	11901
person except as provided by law.	11902

(G) Any document relative to special education and related	11903
services provided by a county MR/DD board that the department	11904
holds in its files that contains both a student's name or other	11905
personally identifiable information and the student's data	11906
verification code shall not be a public record under section	11907
149.43 of the Revised Code.	11908

Sec. 3318.01. As used in sections 3318.01 to 3318.20 of the	11909
Revised Code:	11910

(A) "Ohio school facilities commission" means the commission	11911
created pursuant to section 3318.30 of the Revised Code.	11912

(B) "Classroom facilities" means rooms in which pupils	11913
regularly assemble in public school buildings to receive	11914
instruction and education and such facilities and building	11915
improvements for the operation and use of such rooms as may be	11916
needed in order to provide a complete educational program, and may	11917
include space within which a child care facility or a community	11918
resource center is housed. "Classroom facilities" includes any	11919
space necessary for the operation of a vocational education	11920
program for secondary students in any school district that	11921
operates such a program.	11922

(C) "Project" means a project to construct or acquire	11923
classroom facilities, or to reconstruct or make additions to	11924
existing classroom facilities, to be used for housing the	11925
applicable school district and its functions.	11926

For a district that opts to divide its entire classroom	11927
facilities needs into segments to be completed separately, as	11928
authorized by section 3318.034 of the Revised Code, "project"	11929
means a segment.	11930

(D) "School district" means a local, exempted village, or	11931
city school district as such districts are defined in Chapter	11932
3311. of the Revised Code, acting as an agency of state	11933
government, performing essential governmental functions of state	11934
government pursuant to sections 3318.01 to 3318.20 of the Revised	11935
Code.	11936

For purposes of assistance provided under sections 3318.40 to	11937
3318.45 of the Revised Code, the term "school district" as used in	11938
this section and in divisions (A), (C), and (D) of section 3318.03	11939
and in sections 3318.031, 3318.042, 3318.07, 3318.08, 3318.083,	11940
3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12, 3318.13,	11941
3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the Revised	11942
Code means a joint vocational school district established pursuant	11943
to section 3311.18 of the Revised Code.	11944

(E) "School district board" means the board of education of a	11945
school district.	11946

(F) "Net bonded indebtedness" means the difference between	11947
the sum of the par value of all outstanding and unpaid bonds and	11948
notes which a school district board is obligated to pay and any	11949
amounts the school district is obligated to pay under	11950
lease-purchase agreements entered into under section 3313.375 of	11951
the Revised Code, and the amount held in the sinking fund and	11952
other indebtedness retirement funds for their redemption. Notes	11953
issued for school buses in accordance with section 3327.08 of the	11954
Revised Code, notes issued in anticipation of the collection of	11955
current revenues, and bonds issued to pay final judgments shall	11956
not be considered in calculating the net bonded indebtedness.	11957

"Net bonded indebtedness" does not include indebtedness	11958
arising from the acquisition of land to provide a site for	11959
classroom facilities constructed, acquired, or added to pursuant	11960
to sections 3318.01 to 3318.20 of the Revised Code or the par	11961
value of bonds that have been authorized by the electors and the	11962
proceeds of which will be used by the district to provide any part	11963
of its portion of the basic project cost.	11964

(G) "Board of elections" means the board of elections of the	11965
county containing the most populous portion of the school	11966
district.	11967

(H) "County auditor" means the auditor of the county in which	11968
the greatest value of taxable property of such school district is	11969
located.	11970

(I) "Tax duplicates" means the general tax lists and	11971
duplicates prescribed by sections 319.28 and 319.29 of the Revised	11972
Code.	11973

(J) "Required level of indebtedness" means:

11974

(1) In the case of school districts in the first percentile,	11975
five per cent of the district's valuation for the year preceding	11976
the year in which the controlling board approved the project under	11977
section 3318.04 of the Revised Code.	11978

(2) In the case of school districts ranked in a subsequent	11979
percentile, five per cent of the district's valuation for the year	11980
preceding the year in which the controlling board approved the	11981
project under section 3318.04 of the Revised Code, plus [two	11982
one-hundredths of one per cent multiplied by (the percentile in	11983
which the district ranks for the fiscal year preceding the fiscal	11984
year in which the controlling board approved the district's	11985
project minus one)].	11986

(K) "Required percentage of the basic project costs" means	11987
one per cent of the basic project costs times the percentile in	11988
which the school district ranks for the fiscal year preceding the	11989
fiscal year in which the controlling board approved the district's	11990
project.	11991

(L) "Basic project cost" means a cost amount determined in	11992
accordance with rules adopted under section 111.15 of the Revised	11993
Code by the Ohio school facilities commission. The basic project	11994
cost calculation shall take into consideration the square footage	11995
and cost per square foot necessary for the grade levels to be	11996
housed in the classroom facilities, the variation across the state	11997
in construction and related costs, the cost of the installation of	11998
site utilities and site preparation, the cost of demolition of all	11999
or part of any existing classroom facilities that are abandoned	12000
under the project, the cost of insuring the project until it is	12001
completed, any contingency reserve amount prescribed by the	12002
commission under section 3318.086 of the Revised Code, and the	12003
professional planning, administration, and design fees that a	12004
school district may have to pay to undertake a classroom	12005
facilities project.	12006

For a joint vocational school district that receives	12007
assistance under sections 3318.40 to 3318.45 of the Revised Code,	12008
the basic project cost calculation for a project under those	12009
sections shall also take into account the types of laboratory	12010
spaces and program square footages needed for the vocational	12011
education programs for high school students offered by the school	12012
district.	12013

For a district that opts to divide its entire classroom	12014
facilities needs into segments, each segment to be completed as a	12015
separate project, as authorized by section 3318.034 of the Revised	12016
Code, "basic project cost" means the cost determined in accordance	12017
with this division of a segment.	12018

(M)(1) Except for a joint vocational school district that	12019
receives assistance under sections 3318.40 to 3318.45 of the	12020
Revised Code, a "school district's portion of the basic project	12021
cost" means the amount determined under section 3318.032 of the	12022
Revised Code.	12023

(2) For a joint vocational school district that receives	12024
assistance under sections 3318.40 to 3318.45 of the Revised Code,	12025
a "school district's portion of the basic project cost" means the	12026
amount determined under division (C) of section 3318.42 of the	12027
Revised Code.	12028

(N) "Child care facility" means space within a classroom	12029
facility in which the needs of infants, toddlers, preschool	12030
children, and school children are provided for by persons other	12031
than the parent or guardian of such children for any part of the	12032
day, including persons not employed by the school district	12033
operating such classroom facility.	12034

(O) "Community resource center" means space within a	12035
classroom facility in which comprehensive services that support	12036
the needs of families and children are provided by community-based	12037
social service providers.	12038

(P) "Valuation" means the total value of all property in the	12039
school district as listed and assessed for taxation on the tax	12040
duplicates.	12041

(Q) "Percentile" means the percentile in which the school	12042
district is ranked pursuant to section 3318.011 of the Revised	12043
Code.	12044

(R) "Installation of site utilities" means the installation	12045
of a site domestic water system, site fire protection system, site	12046
gas distribution system, site sanitary system, site storm drainage	12047
system, and site telephone and data system.	12048

(S) "Site preparation" means the earthwork necessary for	12049
preparation of the building foundation system, the paved	12050
pedestrian and vehicular circulation system, playgrounds on the	12051
project site, and lawn and planting on the project site.	12052

Sec. 3318.03. (A) Before conducting an on-site evaluation of	12053
a school district under section 3318.02 of the Revised Code, at	12054
the request of the district board of education, the Ohio school	12055
facilities commission shall examine any classroom facilities needs	12056
assessment that has been conducted by the district and any master	12057
plan developed for meeting the facility needs of the district.	12058

(B) Upon conducting the on-site evaluation under section	12059
3318.02 of the Revised Code, the Ohio school facilities commission	12060
shall make a determination of all of the following:	12061

(1) The needs of the school district for additional classroom	12062
facilities;	12063

(2) The number of classroom facilities to be included in a	12064
project and the basic project cost of constructing, acquiring,	12065
reconstructing, or making additions to each such facility;	12066

(3) The amount of such cost that the school district can	12067
supply from available funds, by the issuance of bonds previously	12068
authorized by the electors of the school district the proceeds of	12069
which can lawfully be used for the project and by the issuance of	12070
bonds under section 3318.05 of the Revised Code;	12071

(4) The remaining amount of such cost that shall be supplied	12072
by the state;	12073

(5) The amount of the state's portion to be encumbered in	12074
accordance with section 3318.11 of the Revised Code in the current	12075
and subsequent fiscal years from funds appropriated for purposes	12076
of sections 3318.01 to 3318.20 of the Revised Code.	12077

For a district that opts to divide its entire classroom	12078
facilities needs into segments to be completed separately, as	12079
authorized by section 3318.034 of the Revised Code, the	12080
determinations made under divisions (B)(1) to (5) of this section	12081
apply only to the segment that currently is proceeding as a	12082
separate project in accordance with section 3318.034 of the	12083
Revised Code.	12084

(C) The commission shall make a determination in favor of	12085
constructing, acquiring, reconstructing, or making additions to a	12086
classroom facility only upon evidence that the proposed project	12087
conforms to sound educational practice, that it is in keeping with	12088
the orderly process of school district reorganization and	12089
consolidation, and that the actual or projected enrollment in each	12090
classroom facility proposed to be included in the project is at	12091
least three hundred fifty pupils. Exceptions shall be authorized	12092
only in those districts where topography, sparsity of population,	12093
and other factors make larger schools impracticable.	12094

If the school district board determines that an existing	12095
facility has historical value or for other good cause determines	12096
that an existing facility should be renovated in lieu of acquiring	12097
a comparable facility by new construction, the commission may	12098
approve the expenditure of project funds for the renovation of	12099
that facility up to but not exceeding one hundred per cent of the	12100
estimated cost of acquiring a comparable facility by new	12101
construction, as long as the commission determines that the	12102
facility when renovated can be operationally efficient, will be	12103
adequate for the future needs of the district, and will comply	12104
with the other provisions of this division.	12105

(D) Sections 125.81 and 153.04 of the Revised Code shall not	12106
apply to classroom facilities constructed under either sections	12107
3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the Revised	12108
Code.	12109

Sec. 3318.032. (A) ~~The~~Except as otherwise provided in	12110
divisions (C) and (D) of this section, the portion of the basic	12111
project cost supplied by the school district shall be the greater	12112
of:	12113

(1) The required percentage of the basic project costs;

12114

(2) An(a) For all districts except a district that opts to	12115
divide its entire classroom facilities needs into segments to be	12116
completed separately as authorized by section 3318.034 of the	12117
Revised Code, an amount necessary to raise the school district's	12118
net bonded indebtedness, as of the date the controlling board	12119
approved the project, to within five thousand dollars of the	12120
required level of indebtedness.;	12121

(b) For a district that opts to divide its entire classroom	12122
facilities needs into segments to be completed separately as	12123
authorized by section 3318.034 of the Revised Code, an amount	12124
necessary to raise the school district's net bonded indebtedness,	12125
as of the date the controlling board approved the segment as a	12126
separate project, to within five thousand dollars of the	12127
following:	12128

The required level of indebtedness X (the basic	12129

project cost of the segment as approved as a separate	12130

project by the controlling board / the estimated basic	12131

project cost of the district's entire classroom facilities	12132

needs as determined jointly by the staff of the Ohio school	12133

facilities commission and the district)	12134

(B) The amount of the district's share determined under this	12135
section shall be calculated only as of the date the controlling	12136
board approved the project, and that amount applies throughout the	12137
one-year period permitted under section 3318.05 of the Revised	12138
Code for the district's electors to approve the propositions	12139
described in that section. If the amount reserved and encumbered	12140
for a project is released because the electors do not approve	12141
those propositions within that year, and the school district later	12142
receives the controlling board's approval for the project, the	12143
district's portion shall be recalculated in accordance with this	12144
section as of the date of the controlling board's subsequent	12145
approval.	12146

(C) ~~Notwithstanding anything to the contrary in division (A)~~	12147
~~or (B) of this section, at~~At no time shall a school district's	12148
portion of the basic project cost be greater than ninety-five per	12149
cent of the total basic project cost.	12150

(D) If the controlling board approves a project under	12151
sections 3318.01 to 3318.20 of the Revised Code for a school	12152
district that previously received assistance under those sections	12153
or section 3318.37 of the Revised Code within the twenty-year	12154
period prior to the date on which the controlling board approves	12155
the new project, the district's portion of the basic project cost	12156
for the new project shall be the lesser of the following:	12157

(1) The portion calculated under division (A) of this	12158
section;	12159

(2) The greater of the following:

12160

(a) The required percentage of the basic project costs for	12161
the new project;	12162

(b) The percentage of the basic project cost paid by the	12163
district for the previous project.	12164

Sec. 3318.033. (A) As used in this section:

12165

(1) "Formula ADM" has the same meaning as in section 3317.02	12166
of the Revised Code.	12167

(2) "Open enrollment net gain" has the same meaning as in	12168
section 3318.011 of the Revised Code.	12169

(B) This section applies to each school district that meets	12170
the following criteria:	12171

(1) The Ohio school facilities commission certified its	12172
conditional approval of the district's project under sections	12173
3318.01 to 3318.20 of the Revised Code after July 1, 2006, and	12174
prior to September 29, 2007, and the project had not been	12175
completed as of September 29, 2007.	12176

(2) Within one year after the date of the commission's	12177
certification of its conditional approval, the district's electors	12178
approved a bond issue to pay the district's portion of the basic	12179
project cost or the district board of education complied with	12180
section 3318.052 of the Revised Code.	12181

(3) In the fiscal year prior to the fiscal year in which the	12182
district's project was conditionally approved, the district had an	12183
open enrollment net gain that was ten per cent or more of its	12184
formula ADM.	12185

(C) For each school district to which this section applies,	12186
the department of education shall recalculate the district's	12187
percentile ranking under section 3318.011 of the Revised Code for	12188
the fiscal year prior to the fiscal year in which the district's	12189
project was conditionally approved and shall report the	12190
recalculated percentile ranking to the commission. For this	12191
purpose, the department shall recalculate every school district's	12192
percentile ranking for that fiscal year using the district's	12193
"valuation per pupil" as that term is defined in section 3318.011	12194
of the Revised Code on and after September 29, 2007.	12195

(D) For each school district to which this section applies,	12196
the commission shall use the recalculated percentile ranking	12197
reported under division (C) of this section to determine the	12198
district's portion of the basic project cost under section	12199
3318.032 of the Revised Code. The commission shall not use the	12200
recalculated percentile ranking for any other purpose, and the	12201
recalculated ranking shall not affect any other district's portion	12202
of the basic project cost under section 3318.032 of the Revised	12203
Code or any district's eligibility for assistance under sections	12204
3318.01 to 3318.20 of the Revised Code. The commission shall	12205
revise the agreement entered into under section 3318.08 of the	12206
Revised Code to reflect the district's new portion of the basic	12207
project cost as determined under this division.	12208

Sec. 3318.034. (A) This section applies to any school	12209
district that is offered assistance under sections 3318.01 to	12210
3318.20 of the Revised Code on or after the effective date of this	12211
section.	12212

Notwithstanding any provision of this chapter to the	12213
contrary, with the approval of the Ohio school facilities	12214
commission, any school district to which this section applies may	12215
opt to divide the district's entire classroom facilities needs, as	12216
those needs are jointly determined by the staff of the commission	12217
and the school district, into discrete segments and may proceed	12218
with each segment sequentially as a separate project under those	12219
sections. That project shall comply with all of the provisions of	12220
those sections unless otherwise provided in this section.	12221

(B) Each segment shall comply with all of the following:

12222

(1) The segment shall consist of the new construction of one	12223
or more entire buildings or the complete renovation of one or more	12224
entire existing buildings, with any necessary additions to that	12225
building.	12226

(2) The segment shall not include any construction of or	12227
renovation or repair to any building that does not complete the	12228
needs of the district with respect to that particular building at	12229
the time the segment is completed.	12230

(3) The segment shall consist of new construction,	12231
renovations, additions, reconstruction, or repair of classroom	12232
facilities to the extent that the school district portion, as	12233
determined under section 3318.032 of the Revised Code, is an	12234
amount not less than the amount that likely would be generated	12235
from a property tax of three mills times the district's valuation	12236
for twenty-three years, unless the district previously has	12237
undertaken a segment as a separate project under this section and	12238
the district's portion of the estimated basic project cost of the	12239
remainder of its entire classroom facilities needs, as determined	12240
jointly by the staff of the commission and the district, is less	12241
than the amount otherwise required by this division.	12242

(C) The commission shall conditionally approve and seek	12243
controlling board approval in accordance with division (A) of	12244
section 3318.04 of the Revised Code of each segment, at the time	12245
it is proposed, as a separate project. Approval by the voting	12246
members of the commission or the controlling board of the	12247
district's entire classroom facilities needs, as determined	12248
jointly by the staff of the commission and district, shall not be	12249
required. If the commission conditionally approves and the	12250
controlling board approves the segment as a separate project, the	12251
district board accepts that approval pursuant to section 3318.05	12252
of the Revised Code, and the district electors approve any bond	12253
issuance and taxes necessary to pay the district's portion of the	12254
basic project cost or the district board otherwise raises	12255
sufficient funds, as authorized by this chapter, to pay the	12256
district's portion of the basic project cost, the commission	12257
shall enter into an agreement with the district board under	12258
section 3318.08 of the Revised Code for the segment as a separate	12259
project. That agreement shall include an acknowledgment that the	12260
project covered by the agreement is only one segment of the	12261
district's entire classroom facilities needs, as determined	12262
jointly by the staff of the commission and the district, and that	12263
the district may proceed with future segments under this section	12264
at a later time, as prescribed in division (D) of this section.	12265
The commission and the district board shall enter into a separate	12266
agreement under section 3318.08 of the Revised Code for each	12267
segment.	12268

(D) A school district that undertakes a segment of its entire	12269
classroom facilities needs, as determined jointly by the staff of	12270
the commission and the district, as a separate project may	12271
undertake a subsequent segment as another separate project at any	12272
time, as long as the current percentile of the district is	12273
eligible for assistance under section 3318.02 of the Revised Code.	12274

(E) The school district portion of the basic project cost of	12275
each segment undertaken as a separate project under this section	12276
shall be determined under section 3318.032 of the Revised Code	12277
using the district's current percentile.	12278

(F) The school district's maintenance levy requirement, as	12279
defined in section 3318.18 of the Revised Code, shall run for	12280
twenty-three years from the date the first segment is undertaken.	12281

Sec. 3318.04. (A) If the Ohio school facilities commission	12282
makes a determination under section 3318.03 of the Revised Code in	12283
favor of constructing, acquiring, reconstructing, or making	12284
additions to a classroom facility, the project shall be	12285
conditionally approved. Such conditional approval shall be	12286
submitted to the controlling board for approval thereof. The	12287
controlling board shall forthwith approve or reject the	12288
commission's determination, conditional approval, the amount of	12289
the state's portion of the basic project cost, and, the amount of	12290
the state's portion to be encumbered in the current fiscal year.	12291
In the event of approval thereof by the controlling board, the	12292
commission shall certify such conditional approval to the school	12293
district board and shall encumber from the total funds	12294
appropriated for the purpose of sections 3318.01 to 3318.20 of the	12295
Revised Code the amount approved under this section to be	12296
encumbered in the current fiscal year.	12297

The basic project cost for a project approved under this	12298
section shall not exceed the cost that would otherwise have to be	12299
incurred if the classroom facilities to be constructed, acquired,	12300
or reconstructed, or the additions to be made to classroom	12301
facilities, under such project meet, but do not exceed, the	12302
specifications for plans and materials for classroom facilities	12303
adopted by the commission.	12304

(B)(1) No school district shall have a project conditionally	12305
approved pursuant to this section if the school district has	12306
already received any assistance for a project funded under any	12307
version of sections 3318.01 to 3318.20 of the Revised Code, and	12308
the prior project was one for which the electors of such district	12309
approved a levy within the last twenty years pursuant to any	12310
version of section 3318.06 of the Revised Code for purposes of	12311
qualifying for the funding of that project, unless the district	12312
demonstrates to the satisfaction of the commission that the	12313
district has experienced since approval of its prior project an	12314
exceptional increase in enrollment significantly above the	12315
district's design capacity under that prior project as determined	12316
by rule of the commission.	12317

(2) Notwithstanding division (B)(1) of this section, any	12318
school district that received assistance under sections 3318.01 to	12319
3318.20 of the Revised Code, as those sections existed prior to	12320
May 20, 1997, may receive additional assistance under those	12321
sections, as they exist on and after May 20, 1997, prior to the	12322
expiration of the period of time required under division (B)(1) of	12323
this section, if the percentile in which the school district is	12324
located, as determined under section 3318.011 of the Revised Code,	12325
is eligible for assistance as prescribed in section 3318.02 of the	12326
Revised Code.	12327

The commission may provide assistance under sections 3318.01	12328
to 3318.20 of the Revised Code pursuant to this division to no	12329
more than five school districts per fiscal year until all eligible	12330
school districts have received the additional assistance	12331
authorized under this division. The commission shall establish	12332
application procedures, deadlines, and priorities for funding	12333
projects under this division.	12334

The commission at its discretion may waive current design	12335
specifications it has adopted for projects under sections 3318.01	12336
to 3318.20 of the Revised Code when assessing an application for	12337
additional assistance under this division for the renovation of	12338
classroom facilities constructed or renovated under a school	12339
district's previous project. If the commission finds that a	12340
school district's existing classroom facilities are adequate to	12341
meet all of the school district's needs, the commission may	12342
determine that no additional state assistance be awarded to a	12343
school district under this division.	12344

In order for a school district to be eligible to receive any	12345
additional assistance under this division, the school district	12346
electors shall extend the school district's existing levy	12347
dedicated for maintenance of classroom facilities under Chapter	12348
3318. of the Revised Code, pursuant to section 3318.061 of the	12349
Revised Code or shall provide equivalent alternative maintenance	12350
funds as specified in division (A)(2) of section 3318.06 of the	12351
Revised Code.	12352

(3) Notwithstanding division (B)(1) of this section, any	12353
school district that has received assistance under sections	12354
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may	12355
receive additional assistance if the commission decides in favor	12356
of providing such assistance pursuant to section 3318.042 of the	12357
Revised Code.	12358

(4) Notwithstanding division (B)(1) of this section, any	12359
school district that has opted to divide its entire classroom	12360
facilities needs into segments to be completed separately, as	12361
authorized by section 3318.034 of the Revised Code, and that has	12362
received assistance under sections 3318.01 to 3318.20 of the	12363
Revised Code for one of those segments may receive assistance	12364
under those sections for a subsequent segment. Assistance for any	12365
subsequent segment shall not include any additional work on a	12366
building included in a prior segment unless the district	12367
demonstrates to the satisfaction of the commission that the	12368
district has experienced since the completion of the prior segment	12369
an exceptional increase in enrollment in the grade levels housed	12370
in that building.	12371

Sec. 3319.291. (A) The state board of education shall	12372
require each of the following persons, at the times prescribed by	12373
division (A) of this section, to submit two complete sets of	12374
fingerprints and written permission that authorizes the	12375
superintendent of public instruction to forward the fingerprints	12376
to the bureau of criminal identification and investigation	12377
pursuant to division (F) of section 109.57 of the Revised Code and	12378
that authorizes that bureau to forward the fingerprints to the	12379
federal bureau of investigation for purposes of obtaining any	12380
criminal records that the federal bureau maintains on the person:	12381

(1) Any person initially applying for any certificate,	12382
license, or permit described in this chapter or in division (B) of	12383
section 3301.071 or in section 3301.074 of the Revised Code at	12384
the time that application is made;	12385

(2) Any person applying for renewal of any certificate,	12386
license, or permit described in division (A)(1) of this section at	12387
the time that application is made;	12388

(3) Any person who is teaching under a professional teaching	12389
certificate issued under former section 3319.22 or under section	12390
3319.222 of the Revised Code upon a date prescribed by the state	12391
board that is not later than five years after the date that the	12392
certificate was issued or renewed;	12393

(4) Any person who is teaching under a permanent teaching	12394
certificate issued under former section 3319.22 or under section	12395
3319.222 of the Revised Code upon a date prescribed by the state	12396
board and every five years thereafter.	12397

(B) Except as provided in division (C) of this section, prior	12398
to issuing or renewing any certificate, license, or permit	12399
described in division (A)(1) or (2) of this section and in the	12400
case of a person required to submit fingerprints and written	12401
permission under division (A)(3) or (4) of this section, the state	12402
board or the superintendent of public instruction shall request	12403
the superintendent of the bureau of criminal identification and	12404
investigation to investigate and determine whether the bureau has	12405
any information, gathered pursuant to division (A) of section	12406
109.57 of the Revised Code, pertaining to any person submitting	12407
fingerprints and written permission under this section and to	12408
obtain any criminal records that the federal bureau of	12409
investigation has on the person.	12410

(C) The state board or the superintendent of public	12411
instruction may choose not to request any information required by	12412
division (B) of this section if the person applying for the	12413
issuance or renewal of a certificate, license, or permit described	12414
in division (A)(1) or (2) of this section or the person required	12415
to submit fingerprints and written permission under division	12416
(A)(3) or (4) of this section provides proof that a criminal	12417
records check was conducted on the person as a condition of	12418
employment pursuant to section 3319.39 of the Revised Code within	12419
the immediately preceding year. The state board or the	12420
superintendent of public instruction may accept a certified copy	12421
of records that were issued by the bureau of criminal	12422
identification and investigation and that are presented by a	12423
person applying for the issuance or renewal of a certificate,	12424
license, or permit described in this section in lieu of requesting	12425
that information under division (B) of this section if the records	12426
were issued by the bureau within the immediately preceding year.	12427

(D) Notwithstanding divisions (A) and (B) of this section, if	12428
a person holds more than one certificate, license, or permit	12429
described in division (A)(1) of this section, the following shall	12430
apply:	12431

(1) If the certificates, licenses, or permits are of	12432
different durations, the person shall be subject to divisions	12433
(A)(2) and (B) of this section only when applying for renewal of	12434
the certificate, license, or permit that is of the longest	12435
duration. Prior to renewing any certificate, license, or permit	12436
with a shorter duration, the state board or the superintendent of	12437
public instruction shall determine whether the department of	12438
education has received any information about the person pursuant	12439
to section 109.5721 of the Revised Code, but the person shall not	12440
be subject to division (A)(2) or (B) of this section as long as	12441
the person's certificate, license, or permit with the longest	12442
duration is valid.	12443

(2) If the certificates, licenses, or permits are of the same	12444
duration but do not expire in the same year, the person shall	12445
designate one of the certificates, licenses, or permits as the	12446
person's primary certificate, license, or permit and shall notify	12447
the department of that designation. The person shall be subject to	12448
divisions (A)(2) and (B) of this section only when applying for	12449
renewal of the person's primary certificate, license, or permit.	12450
Prior to renewing any certificate, license, or permit that is not	12451
the person's primary certificate, license, or permit, the state	12452
board or the superintendent of public instruction shall determine	12453
whether the department has received any information about the	12454
person pursuant to section 109.5721 of the Revised Code, but the	12455
person shall not be subject to division (A)(2) or (B) of this	12456
section as long as the person's primary certificate, license, or	12457
permit is valid.	12458

(3) If the certificates, licenses, or permits are of the same	12459
duration and expire in the same year and the person applies for	12460
renewal of the certificates, licenses, or permits at the same	12461
time, the state board or the superintendent of public instruction	12462
shall request only one criminal records check of the person under	12463
division (B) of this section.	12464

Sec. 3323.30. ~~The Ohio center for autism and low incidence~~	12465
~~is hereby established within the department of education's office~~	12466
~~for exceptional children, or any successor of that office. The~~	12467
~~center shall administer programs and coordinate services for~~	12468
~~infants, preschool and school-age children, and adults with autism~~	12469
~~and low incidence disabilities. The center's principal focus shall~~	12470
~~be programs and services for persons with autism. The center shall~~	12471
~~be under the direction of an executive director, appointed by the~~	12472
~~superintendent of public instruction in consultation with the~~	12473
~~advisory board established under section 3323.31 of the Revised~~	12474
~~Code. The department shall use state and federal funds~~	12475
~~appropriated to the department for operation of the center.~~	12476

As used in ~~this section and in~~ sections 3323.31 to ~~3323.33~~	12477
3323.35 of the Revised Code, "autism and low incidence	12478
disabilities" includes any of the following:	12479

(A) Autism;

12480

(B) Hearing impairment;

12481

12482

(D) Orthopedic disability;

12483

(E) Other health impairment;

12484

(F) Traumatic brain injury;

12485

(G) Visual impairment.

12486

Sec. 3323.31. The Franklin county educational service center	12487
shall establish the Ohio Center for Autism and Low Incidence. The	12488
Center shall administer programs and coordinate services for	12489
infants, preschool and school-age children, and adults with autism	12490
and low incidence disabilities. The Center's principal focus shall	12491
be programs and services for persons with autism. The Center shall	12492
be under the direction of an executive director, appointed by the	12493
superintendent of the service center in consultation with the	12494
advisory board established under section 3323.33 of the Revised	12495
Code.	12496

In addition to its other duties, the Ohio Center for Autism	12497
and Low Incidence shall participate as a member of an interagency	12498
workgroup on autism, as it is established by the department of	12499
mental retardation and developmental disabilities and shall	12500
provide technical assistance and support to the department in the	12501
department's leadership role to develop and implement the	12502
initiatives identified by the workgroup.	12503

Sec. 3323.32. (A) The department of education shall contract	12504
with an entity to administer programs and coordinate services for	12505
infants, preschool and school-age children, and adults with	12506
autism and low incidence disabilities. The entity shall be	12507
selected by the superintendent of public instruction in	12508
consultation with the advisory board established under section	12509
3323.33 of the Revised Code.	12510

The contract with the entity selected shall include, but not	12511
be limited to, the following provisions:	12512

(1) A description of the programs to be administered and	12513
services to be provided or coordinated by the entity, which shall	12514
include at least the duties prescribed by sections 3323.34 and	12515
3323.35 of the Revised Code;	12516

(2) A description of the expected outcomes from the programs	12517
administered and services provided or coordinated by the entity;	12518

(3) A stipulation that the entity's performance is subject to	12519
evaluation by the department and renewal of the entity's contract	12520
is subject to the department's satisfaction with the entity's	12521
performance;	12522

(4) A description of the measures and milestones the	12523
department will use to determine whether the performance of the	12524
entity is satisfactory;	12525

(5) Any other provision the department determines is	12526
necessary to ensure the quality of services to individuals with	12527
autism and low incidence disabilities.	12528

(B) In selecting the entity under division (A) of this	12529
section, the superintendent and the advisory board shall give	12530
primary consideration to the Ohio Center for Autism and Low	12531
Incidence, established under section 3323.31 of the Revised Code,	12532
as long as the principal goals and mission of the Center, as	12533
determined by the superintendent and the advisory board, are	12534
consistent with the requirements of divisions (A)(1) to (5) of	12535
this section.	12536

~~Sec. 3323.31.~~ Sec. 3323.33. The superintendent of public	12537
instruction shall establish an advisory board to assist and	12538
advise the ~~department of education~~Franklin county educational	12539
service center in the operation of the Ohio ~~center for autism and~~	12540
~~low incidence~~Center for Autism and Low Incidence and the	12541
superintendent of public instruction in selecting an entity to	12542
administer programs and coordinate services for individuals with	12543
autism and low incidence disabilities as required by section	12544
3323.32 of the Revised Code and to provide technical assistance	12545
in the provision of such services. As determined by the	12546
superintendent, the advisory board shall consist of individuals	12547
who are stakeholders in the service to persons with autism and	12548
low incidence disabilities, including, but not limited to, the	12549
following:	12550

(A) Persons with autism and low incidence disabilities;

12551

(B) Parents and family members;

12552

12553

(D) Higher education instructors;

12554

(E) Representatives of state agencies.

12555

The advisory board shall be organized as determined by the	12556
superintendent.	12557

Members of the advisory board shall receive no compensation	12558
for their services.	12559

~~Sec. 3323.32.~~ Sec. 3323.34. The ~~Ohio center for autism and low~~	12560
~~incidence~~entity selected under section 3323.32 of the Revised	12561
Code shall do all of the following:	12562

(A) Collaborate and consult with state agencies that serve	12563
persons with autism and low incidence disabilities;	12564

(B) Collaborate and consult with institutions of higher	12565
education in development and implementation of courses for	12566
educators and other professionals serving persons with autism and	12567
low incidence disabilities;	12568

12569

(D) Create and implement programs for professional	12570
development, technical assistance, intervention services, and	12571
research in the treatment of persons with autism and low incidence	12572
disabilities;	12573

(E) Create a regional network for communication and	12574
dissemination of information among educators and professionals	12575
serving persons with autism and low incidence disabilities. The	12576
regional network shall address educational services, evaluation,	12577
diagnosis, assistive technology, family support, leisure and	12578
recreational activities, transition, employment and adult	12579
services, and medical care for persons with autism and low	12580
incidence disabilities.	12581

(F) Develop a statewide clearinghouse for information about	12582
autism spectrum disorders and low incidence disabilities, as	12583
described in section ~~3323.33~~3323.35 of the Revised Code.	12584

~~Sec. 3323.33.~~ Sec. 3323.35. In developing a clearinghouse for	12585
information about autism spectrum disorders and low incidence	12586
disabilities, as required under section ~~3323.32~~3323.34 of the	12587
Revised Code, the ~~Ohio center for autism and low incidence~~entity	12588
selected under section 3323.32 of the Revised Code shall do all	12589
of the following:	12590

(A) Maintain a collection of resources for public	12591
distribution;	12592

(B) Monitor information on resources, trends, policies,	12593
services, and current educational interventions;	12594

(C) Respond to requests for information from parents and	12595
educators of children with autism and low incidence disabilities.	12596

Sec. 3326.45. (A) The governing body of a science,	12597
technology, engineering, and mathematics school may contract with	12598
the governing board of an educational service center or the board	12599
of education of a joint vocational school district for the	12600
provision of services to the STEM school or to any student	12601
enrolled in the school. Services provided under the contract and	12602
the amount to be paid for those services shall be mutually agreed	12603
to by the parties to the contract, and shall be specified in the	12604
contract.	12605

(B) A contract entered into under this section may require an	12606
educational service center to provide any one or a combination of	12607
the following services to a STEM school:	12608

(1) Supervisory teachers;

12609

(2) In-service and continuing education programs for	12610
personnel of the STEM school;	12611

(3) Curriculum services as provided to the local school	12612
districts under the supervision of the service center;	12613

(4) Research and development programs;

12614

(5) Academic instruction for which the service center	12615
governing board employs teachers;	12616

(6) Assistance in the provision of special accommodations and	12617
classes for students with disabilities.	12618

Services described in division (B) of this section shall be	12619
provided to the STEM school in the same manner they are provided	12620
to local school districts under the service center's supervision,	12621
unless otherwise specified in the contract. The contract shall	12622
specify whether the service center will receive a per-pupil	12623
payment from the department of education for the provision of	12624
these services and, if so, the amount of the per-pupil payment,	12625
which shall not exceed the per-pupil amount paid to the service	12626
center under division (F) of section 3317.11 of the Revised Code	12627
for each student in the service center ADM.	12628

(C) For each contract entered into under this section, the	12629
department shall deduct the amount owed by the STEM school from	12630
the state funds due to the STEM school under this chapter and	12631
shall pay that amount to the educational service center or joint	12632
vocational school district that is party to the contract. In the	12633
case of a contract with an educational service center that	12634
specifies per-pupil payments for the provision of services	12635
described in division (B) of this section, the department also	12636
shall pay the service center the amount calculated under division	12637
(H) of section 3317.11 of the Revised Code.	12638

(D) No contract entered into under this section shall be	12639
valid unless a copy is filed with the department by the first day	12640
of the school year for which the contract is in effect.	12641

Sec. 3326.51. (A) As used in this section:

12642

(1) "Resident district" has the same meaning as in section	12643
3326.31 of the Revised Code.	12644

(2) "STEM school sponsoring district" means a municipal,	12645
city, local, exempted village, or joint vocational school district	12646
that governs and controls a STEM school pursuant to this section.	12647

(B) Notwithstanding any other provision of this chapter to	12648
the contrary:	12649

(1) If a proposal for a STEM school submitted under section	12650
3326.03 of the Revised Code proposes that the governing body of	12651
the school be the board of education of a municipal, city, local,	12652
exempted village, or joint vocational school district that is one	12653
of the partners submitting the proposal, and the partnership for	12654
continued learning approves that proposal, that school district	12655
board shall govern and control the STEM school as one of the	12656
schools of its district.	12657

(2) The STEM school sponsoring district shall maintain a	12658
separate accounting for the STEM school as a separate and distinct	12659
operational unit within the district's finances. The auditor of	12660
state, as part of the district's regular audits, shall certify	12661
whether funds received by the district for the STEM school were	12662
appropriately expended for the STEM school.	12663

(3) With respect to students enrolled in a STEM school whose	12664
resident district is the STEM school sponsoring district:	12665

(a) The department of education shall make no deductions	12666
under section 3326.33 of the Revised Code from the STEM school	12667
sponsoring district's state payments.	12668

(b) The STEM school sponsoring district shall ensure that it	12669
allocates to the STEM school funds equal to or exceeding the	12670
amount that would be calculated pursuant to division (B) of	12671
section 3313.981 of the Revised Code for the students attending	12672
the school whose resident district is the STEM school sponsoring	12673
district.	12674

(c) The STEM school district is responsible for providing	12675
children with disabilities with a free appropriate public	12676
education under Chapter 3323. of the Revised Code.	12677

(d) The STEM school sponsoring district shall provide student	12678
transportation in accordance with laws and policies generally	12679
applicable to the district.	12680

(3) With respect to students enrolled in the STEM school	12681
whose resident district is another school district, the department	12682
shall make no payments or deductions under sections 3326.31 to	12683
3326.49 of the Revised Code. Instead, the students shall be	12684
considered as open enrollment students and the department shall	12685
make payments and deductions in accordance with section 3313.981	12686
of the Revised Code. The STEM school sponsoring district shall	12687
allocate the payments to the STEM school. The STEM school district	12688
may enter into financial agreements with the students' resident	12689
districts, which agreements may provide financial support in	12690
addition to the funds received from the open enrollment	12691
calculation. The STEM school sponsoring district shall allocate	12692
all such additional funds to the STEM school.	12693

(4) Where the department is required to make, deny, reduce,	12694
or adjust payments to a STEM school sponsoring district pursuant	12695
to this section, it shall do so in such a manner that the STEM	12696
school sponsoring district may allocate that action to the STEM	12697
school.	12698

(5) A STEM school sponsoring district and its board may	12699
assign its district employees to the STEM school, in which case	12700
section 3326.18 of the Revised Code shall not apply. The district	12701
and board may apply any other resources of the district to the	12702
STEM school in the same manner that it applies district resources	12703
to other district schools.	12704

(6) Provisions of this chapter requiring a STEM school and	12705
its governing body to comply with specified laws as if it were a	12706
school district and in the same manner as a board of education	12707
shall instead require such compliance by the STEM school	12708
sponsoring district and its board of education, respectively, with	12709
respect to the STEM school. Where a STEM school or its governing	12710
body is required to perform a specific duty or permitted to take a	12711
specific action under this chapter, that duty is required to be	12712
performed or that action is permitted to be taken by the STEM	12713
school sponsoring district or its board of education,	12714
respectively, with respect to the STEM school.	12715

(7) No provision of this chapter limits the authority, as	12716
provided otherwise by law, of a school district and its board of	12717
education to levy taxes and issue bonds secured by tax revenues.	12718

(8) The treasurer of the STEM school sponsoring district or,	12719
if the STEM school sponsoring district is a municipal school	12720
district, the chief financial officer of the district, shall have	12721
all of the respective rights, authority, exemptions, and duties	12722
otherwise conferred upon the treasurer or chief financial officer	12723
by the Revised Code.	12724

Sec. 3333.04. The chancellor of the Ohio board of regents	12725
shall:	12726

(A) Make studies of state policy in the field of higher	12727
education and formulate a master plan for higher education for the	12728
state, considering the needs of the people, the needs of the	12729
state, and the role of individual public and private institutions	12730
within the state in fulfilling these needs;	12731

(B)(1) Report annually to the governor and the general	12732
assembly on the findings from the chancellor's studies and the	12733
master plan for higher education for the state;	12734

(2) Report at least semiannually to the general assembly and	12735
the governor the enrollment numbers at each state-assisted	12736
institution of higher education.	12737

(C) Approve or disapprove the establishment of new branches	12738
or academic centers of state colleges and universities;	12739

(D) Approve or disapprove the establishment of state	12740
technical colleges or any other state institution of higher	12741
education;	12742

(E) Recommend the nature of the programs, undergraduate,	12743
graduate, professional, state-financed research, and public	12744
services which should be offered by the state colleges,	12745
universities, and other state-assisted institutions of higher	12746
education in order to utilize to the best advantage their	12747
facilities and personnel;	12748

(F) Recommend to the state colleges, universities, and other	12749
state-assisted institutions of higher education graduate or	12750
professional programs, including, but not limited to, doctor of	12751
philosophy, doctor of education, and juris doctor programs, that	12752
could be eliminated because they constitute unnecessary	12753
duplication, as shall be determined using the process developed	12754
pursuant to this division, or for other good and sufficient cause.	12755
Prior to recommending a program for elimination, the chancellor	12756
shall request the board of regents to hold at least one public	12757
hearing on the matter and advise the chancellor on whether the	12758
program should be recommended for elimination. The board shall	12759
provide notice of each hearing within a reasonable amount of time	12760
prior to its scheduled date. Following the hearing, the board	12761
shall issue a recommendation to the chancellor. The chancellor	12762
shall consider the board's recommendation but shall not be	12763
required to accept it.	12764

For purposes of determining the amounts of any state	12765
instructional subsidies paid to state colleges, universities, and	12766
other state-assisted institutions of higher education, the	12767
chancellor may exclude students enrolled in any program that the	12768
chancellor has recommended for elimination pursuant to this	12769
division except that the chancellor shall not exclude any such	12770
student who enrolled in the program prior to the date on which the	12771
chancellor initially commences to exclude students under this	12772
division.	12773

The chancellor and state colleges, universities, and other	12774
state-assisted institutions of higher education shall jointly	12775
develop a process for determining which existing graduate or	12776
professional programs constitute unnecessary duplication.	12777

(G) Recommend to the state colleges, universities, and other	12778
state-assisted institutions of higher education programs which	12779
should be added to their present programs;	12780

(H) Conduct studies for the state colleges, universities, and	12781
other state-assisted institutions of higher education to assist	12782
them in making the best and most efficient use of their existing	12783
facilities and personnel;	12784

(I) Make recommendations to the governor and general assembly	12785
concerning the development of state-financed capital plans for	12786
higher education; the establishment of new state colleges,	12787
universities, and other state-assisted institutions of higher	12788
education; and the establishment of new programs at the existing	12789
state colleges, universities, and other institutions of higher	12790
education;	12791

(J) Review the appropriation requests of the public community	12792
colleges and the state colleges and universities and submit to the	12793
office of budget and management and to the chairpersons of the	12794
finance committees of the house of representatives and of the	12795
senate the chancellor's recommendations in regard to the biennial	12796
higher education appropriation for the state, including	12797
appropriations for the individual state colleges and universities	12798
and public community colleges. For the purpose of determining the	12799
amounts of instructional subsidies to be paid to state-assisted	12800
colleges and universities, the chancellor shall define "full-time	12801
equivalent student" by program per academic year. The definition	12802
may take into account the establishment of minimum enrollment	12803
levels in technical education programs below which support	12804
allowances will not be paid. Except as otherwise provided in this	12805
section, the chancellor shall make no change in the definition of	12806
"full-time equivalent student" in effect on November 15, 1981,	12807
which would increase or decrease the number of subsidy-eligible	12808
full-time equivalent students, without first submitting a fiscal	12809
impact statement to the president of the senate, the speaker of	12810
the house of representatives, the legislative service commission,	12811
and the director of budget and management. The chancellor shall	12812
work in close cooperation with the director of budget and	12813
management in this respect and in all other matters concerning the	12814
expenditures of appropriated funds by state colleges,	12815
universities, and other institutions of higher education.	12816

(K) Seek the cooperation and advice of the officers and	12817
trustees of both public and private colleges, universities, and	12818
other institutions of higher education in the state in performing	12819
the chancellor's duties and making the chancellor's plans,	12820
studies, and recommendations;	12821

(L) Appoint advisory committees consisting of persons	12822
associated with public or private secondary schools, members of	12823
the state board of education, or personnel of the state department	12824
of education;	12825

(M) Appoint advisory committees consisting of college and	12826
university personnel, or other persons knowledgeable in the field	12827
of higher education, or both, in order to obtain their advice and	12828
assistance in defining and suggesting solutions for the problems	12829
and needs of higher education in this state;	12830

(N) Approve or disapprove all new degrees and new degree	12831
programs at all state colleges, universities, and other	12832
state-assisted institutions of higher education;	12833

(O) Adopt such rules as are necessary to carry out the	12834
chancellor's duties and responsibilities. The rules shall	12835
prescribe procedures for the chancellor to follow when taking	12836
actions associated with the chancellor's duties and	12837
responsibilities and shall indicate which types of actions are	12838
subject to those procedures. The procedures adopted under this	12839
division shall be in addition to any other procedures prescribed	12840
by law for such actions. However, if any other provision of the	12841
Revised Code or rule adopted by the chancellor prescribes	12842
different procedures for such an action, the procedures adopted	12843
under this division shall not apply to that action to the extent	12844
they conflict with the procedures otherwise prescribed by law. The	12845
procedures adopted under this division shall include at least the	12846
following:	12847

(1) Provision for public notice of the proposed action;

12848

(2) An opportunity for public comment on the proposed action,	12849
which may include a public hearing on the action by the board of	12850
regents;	12851

(3) Methods for parties that may be affected by the proposed	12852
action to submit comments during the public comment period;	12853

(4) Submission of recommendations from the board of regents	12854
regarding the proposed action, at the request of the chancellor;	12855

(5) Written publication of the final action taken by the	12856
chancellor and the chancellor's rationale for the action;	12857

(6) A timeline for the process described in divisions (O)(1)	12858
to (5) of this section.	12859

(P) Establish and submit to the governor and the general	12860
assembly a clear and measurable set of goals and timetables for	12861
their achievement for each program under the chancellor's	12862
supervision that is designed to accomplish any of the following:	12863

(1) Increased access to higher education;

12864

(2) Job training;

12865

(3) Adult literacy;

12866

(4) Research;

12867

(5) Excellence in higher education;

12868

(6) Reduction in the number of graduate programs within the	12869
same subject area.	12870

In July of each odd-numbered year, the chancellor shall	12871
submit to the governor and the general assembly a report on	12872
progress made toward these goals.	12873

(Q) Make recommendations to the governor and the general	12874
assembly regarding the design and funding of the student financial	12875
aid programs specified in sections 3333.12, 3333.122, 3333.21 to	12876
3333.27, and 5910.02 of the Revised Code;	12877

(R) Participate in education-related state or federal	12878
programs on behalf of the state and assume responsibility for the	12879
administration of such programs in accordance with applicable	12880
state or federal law;	12881

(S) Adopt rules for student financial aid programs as	12882
required by sections 3333.12, 3333.122, 3333.21 to 3333.27,	12883
3333.28, and 5910.02 of the Revised Code, and perform any other	12884
administrative functions assigned to the chancellor by those	12885
sections;	12886

(T) ~~Administer contracts under sections 3702.74 and 3702.75~~	12887
~~of the Revised Code in accordance with rules adopted by the~~	12888
~~director of health under section 3702.79 of the Revised Code;~~	12889

~~(U)~~ Conduct enrollment audits of state-supported institutions	12890
of higher education;	12891

~~(V)~~(U) Appoint ~~consortiums~~consortia of college and	12892
university personnel to advise or participate in the development	12893
and operation of statewide collaborative efforts, including the	12894
Ohio supercomputer center, the Ohio academic resources network,	12895
OhioLink, and the Ohio learning network. For each consortium, the	12896
chancellor shall designate a college or university to serve as	12897
that consortium's fiscal agent, financial officer, and employer.	12898
Any funds appropriated for the ~~consortiums~~consortia shall be	12899
distributed to the fiscal agents for the operation of the	12900
~~consortiums~~consortia. A consortium shall follow the rules of the	12901
college or university that serves as its fiscal agent. The	12902
chancellor may restructure existing consortia, appointed under	12903
this division, in accordance with procedures adopted under	12904
divisions (D)(1) to (6) of this section.	12905

~~(W)~~(V) Adopt rules establishing advisory duties and	12906
responsibilities of the board of regents not otherwise prescribed	12907
by law;	12908

~~(X)~~(W) Respond to requests for information about higher	12909
education from members of the general assembly and direct staff to	12910
conduct research or analysis as needed for this purpose.	12911

Sec. 3333.044. (A) The chancellor of the Ohio board of	12912
regents may contract with any consultants that are necessary for	12913
the discharge of the chancellor's duties under this chapter.	12914

(B) The chancellor may purchase, upon the terms that the	12915
chancellor determines to be advisable, one or more policies of	12916
insurance from insurers authorized to do business in this state	12917
that insure consultants who have contracted with the chancellor	12918
under division (A) of this section or members of an advisory	12919
committee appointed under section 3333.04 of the Revised Code,	12920
with respect to the activities of the consultants or advisory	12921
committee members in the course of the performance of their	12922
responsibilities as consultants or advisory committee members.	12923

(C) Subject to the approval of the controlling board, the	12924
chancellor may contract with any entities for the discharge of the	12925
chancellor's duties and responsibilities under any of the programs	12926
established pursuant to sections 3333.12, 3333.122, 3333.21 to	12927
3333.28, ~~3702.71 to 3702.81,~~ and 5120.55, and Chapter 5910. of the	12928
Revised Code. The chancellor shall not enter into a contract under	12929
this division unless the proposed contractor demonstrates that its	12930
primary purpose is to promote access to higher education by	12931
providing student financial assistance through loans, grants, or	12932
scholarships, and by providing high quality support services and	12933
information to students and their families with regard to such	12934
financial assistance.	12935

Chapter 125. of the Revised Code does not apply to contracts	12936
entered into pursuant to this section. In awarding contracts under	12937
this division, the chancellor shall consider factors such as the	12938
cost of the administration of the contract, the experience of the	12939
contractor, and the contractor's ability to properly execute the	12940
contract.	12941

Sec. 3333.045. As used in this section, "state university or	12942
college" means any state university listed in section 3345.011 of	12943
the Revised Code, the northeastern Ohio universities college of	12944
medicine, any community college under Chapter 3354. of the	12945
Revised Code, any university branch district under Chapter 3355.	12946
of the Revised Code, any technical college under Chapter 3357. of	12947
the Revised Code, and any state community college under Chapter	12948
3358. of the Revised Code.	12949

The chancellor of the Ohio board of regents shall work with	12950
the attorney general, the auditor of state, and the Ohio ethics	12951
commission to develop a model for training members of the boards	12952
of trustees of all state universities and colleges and members of	12953
the board of regents regarding the authority and responsibilities	12954
of a board of trustees or the board of regents. This model shall	12955
include a review of fiduciary responsibilities, ethics, and fiscal	12956
management. Use of this model by members of boards of trustees and	12957
the board of regents shall be voluntary.	12958

~~This section does not apply to the three members of the board~~	12959
~~of trustees of the northeastern Ohio universities college of~~	12960
~~medicine who are presidents of state universities.~~	12961

Sec. 3333.122. (A) As used in this section:

12962

(1) "Eligible student" means a student who is:

12963

(a) An Ohio resident who first enrolls in an undergraduate	12964
program in the 2006-2007 academic year or thereafter;	12965

(b) If the student first enrolled in an undergraduate	12966
program in the 2006-2007 or 2007-2008 academic year, the student	12967
is enrolled in ~~either~~one of the following:	12968

(i) An accredited institution of higher education in this	12969
state that meets the requirements of Title VI of the Civil Rights	12970
Act of 1964 and is state-assisted, is nonprofit and has a	12971
certificate of authorization pursuant to Chapter 1713. of the	12972
Revised Code, has a certificate of registration from the state	12973
board of career colleges and schools and program authorization to	12974
award an associate or bachelor's degree, or is a private	12975
institution exempt from regulation under Chapter 3332. of the	12976
Revised Code as prescribed in section 3333.046 of the Revised	12977
Code. Students who attend an institution that holds a certificate	12978
of registration shall be enrolled in a program leading to an	12979
associate or bachelor's degree for which associate or bachelor's	12980
degree program the institution has program authorization issued	12981
under section 3332.05 of the Revised Code.	12982

(ii) A technical education program of at least two years	12983
duration sponsored by a private institution of higher education in	12984
this state that meets the requirements of Title VI of the Civil	12985
Rights Act of 1964;	12986

(iii) A nursing diploma program approved by the board of	12987
nursing under division (A)(5) of section 4723.06 of the Revised	12988
Code and that meets the requirements of Title VI of the Civil	12989
Rights Act of 1964.	12990

(c) If the student first enrolled in an undergraduate program	12991
after the 2007-2008 academic year, the student is enrolled in	12992
~~either~~one of the following:	12993

(i) An accredited institution of higher education in this	12994
state that meets the requirements of Title VI of the Civil Rights	12995
Act of 1964 and is state-assisted, is nonprofit and has a	12996
certificate of authorization pursuant to Chapter 1713. of the	12997
Revised Code, or is a private institution exempt from regulation	12998
under Chapter 3332. of the Revised Code as prescribed in section	12999
3333.046 of the Revised Code;	13000

(ii) An education program of at least two years duration	13001
sponsored by a private institution of higher education in this	13002
state that meets the requirements of Title VI of the Civil Rights	13003
Act of 1964 and has a certificate of authorization pursuant to	13004
Chapter 1713. of the Revised Code;	13005

(iii) A nursing diploma program approved by the board of	13006
nursing under division (A)(5) of section 4723.06 of the Revised	13007
Code and that meets the requirements of Title VI of the Civil	13008
Rights Act of 1964.	13009

(2) A student who participated in either the early college	13010
high school program administered by the department of education or	13011
in the post-secondary enrollment options program pursuant to	13012
Chapter 3365. of the Revised Code before the 2006-2007 academic	13013
year shall not be excluded from eligibility for a needs-based	13014
financial aid grant under this section.	13015

(3) "Resident," "expected family contribution" or "EFC,"	13016
"full-time student," "three-quarters-time student," "half-time	13017
student," "one-quarter-time student," and "accredited" shall be	13018
defined by rules adopted by the chancellor of the Ohio board of	13019
regents.	13020

(B) The chancellor shall establish and administer a	13021
needs-based financial aid program based on the United States	13022
department of education's method of determining financial need and	13023
may adopt rules to carry out this section. The program shall be	13024
known as the Ohio college opportunity grant program. The general	13025
assembly shall support the needs-based financial aid program by	13026
such sums and in such manner as it may provide, but the chancellor	13027
may also receive funds from other sources to support the program.	13028
If the amounts available for support of the program are inadequate	13029
to provide grants to all eligible students, preference in the	13030
payment of grants shall be given in terms of expected family	13031
contribution, beginning with the lowest expected family	13032
contribution category and proceeding upward by category to the	13033
highest expected family contribution category.	13034

A needs-based financial aid grant shall be paid to an	13035
eligible student through the institution in which the student is	13036
enrolled, except that no needs-based financial aid grant shall be	13037
paid to any person serving a term of imprisonment. Applications	13038
for such grants shall be made as prescribed by the chancellor, and	13039
such applications may be made in conjunction with and upon the	13040
basis of information provided in conjunction with student	13041
assistance programs funded by agencies of the United States	13042
government or from financial resources of the institution of	13043
higher education. The institution shall certify that the student	13044
applicant meets the requirements set forth in divisions (A)(1)(a)	13045
and (b) of this section. Needs-based financial aid grants shall be	13046
provided to an eligible student only as long as the student is	13047
making appropriate progress toward a nursing diploma or an	13048
associate or bachelor's degree. No student shall be eligible to	13049
receive a grant for more than ten semesters, fifteen quarters, or	13050
the equivalent of five academic years. A grant made to an eligible	13051
student on the basis of less than full-time enrollment shall be	13052
based on the number of credit hours for which the student is	13053
enrolled and shall be computed in accordance with a formula	13054
adopted by the chancellor. No student shall receive more than one	13055
grant on the basis of less than full-time enrollment.	13056

A needs-based financial aid grant shall not exceed the total	13057
instructional and general charges of the institution.	13058

(C) The tables in this division prescribe the maximum grant	13059
amounts covering two semesters, three quarters, or a comparable	13060
portion of one academic year. Grant amounts for additional terms	13061
in the same academic year shall be determined under division (D)	13062
of this section.	13063

As used in the tables in division (C) of this section:

13064

(1) "Private institution" means an institution that is	13065
nonprofit and has a certificate of authorization pursuant to	13066
Chapter 1713. of the Revised Code.	13067

(2) "Career college" means either an institution that holds a	13068
certificate of registration from the state board of career	13069
colleges and schools or a private institution exempt from	13070
regulation under Chapter 3332. of the Revised Code as prescribed	13071
in section 3333.046 of the Revised Code.	13072

Full-time students shall be eligible to receive awards	13073
according to the following table:	13074

Full-Time Enrollment	13075

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:	13076
$2,101	$2,190	$300	$600	$480	13077
2,001	2,100	402	798	642	13078
1,901	2,000	498	1,002	798	13079
1,801	1,900	600	1,200	960	13080
1,701	1,800	702	1,398	1,122	13081
1,601	1,700	798	1,602	1,278	13082
1,501	1,600	900	1,800	1,440	13083
1,401	1,500	1,002	1,998	1,602	13084
1,301	1,400	1,098	2,202	1,758	13085
1,201	1,300	1,200	2,400	1,920	13086
1,101	1,200	1,302	2,598	2,082	13087
1,001	1,100	1,398	2,802	2,238	13088
901	1,000	1,500	3,000	2,400	13089
801	900	1,602	3,198	2,562	13090
701	800	1,698	3,402	2,718	13091
601	700	1,800	3,600	2,280	13092
501	600	1,902	3,798	3,042	13093
401	500	1,998	4,002	3,198	13094
301	400	2,100	4,200	3,360	13095
201	300	2,202	4,398	3,522	13096
101	200	2,298	4,602	3,678	13097
1	100	2,400	4,800	3,840	13098
0	0	2,496	4,992	3,996	13099

Three-quarters-time students shall be eligible to receive	13100
awards according to the following table:	13101

Three-Quarters-Time Enrollment	13102

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:	13103
$2,101	$2,190	$228	$450	$360	13104
2,001	2,100	300	600	480	13105
1,901	2,000	372	750	600	13106
1,801	1,900	450	900	720	13107
1,701	1,800	528	1,050	840	13108
1,601	1,700	600	1,200	960	13109
1,501	1,600	678	1,350	1,080	13110
1,401	1,500	750	1,500	1,200	13111
1,301	1,400	822	1,650	1,320	13112
1,201	1,300	900	1,800	1,440	13113
1,101	1,200	978	1,950	1,560	13114
1,001	1,100	1,050	2,100	1,680	13115
901	1,000	1,128	2,250	1,800	13116
801	900	1,200	2,400	1,920	13117
701	800	1,272	2,550	2,040	13118
601	700	1,350	2,700	2,160	13119
501	600	1,428	2,850	2,280	13120
401	500	1,500	3,000	2,400	13121
301	400	1,578	3,150	2,520	13122
201	300	1,650	3,300	2,640	13123
101	200	1,722	3,450	2,760	13124
1	100	1,800	3,600	2,880	13125
0	0	1,872	3,744	3,000	13126

Half-time students shall be eligible to receive awards	13127
according to the following table:	13128

Half-Time Enrollment	13129

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:	13130
$2,101	$2,190	$150	$300	$240	13131
2,001	2,100	204	402	324	13132
1,901	2,000	252	504	402	13133
1,801	1,900	300	600	480	13134
1,701	1,800	354	702	564	13135
1,601	1,700	402	804	642	13136
1,501	1,600	450	900	720	13137
1,401	1,500	504	1,002	804	13138
1,301	1,400	552	1,104	882	13139
1,201	1,300	600	1,200	960	13140
1,101	1,200	654	1,302	1,044	13141
1,001	1,100	702	1,404	1,122	13142
901	1,000	750	1,500	1,200	13143
801	900	804	1,602	1,284	13144
701	800	852	1,704	1,362	13145
601	700	900	1,800	1,440	13146
501	600	954	1,902	1,524	13147
401	500	1,002	2,004	1,602	13148
301	400	1,050	2,100	1,680	13149
201	300	1,104	2,202	1,764	13150
101	200	1,152	2,304	1,842	13151
1	100	1,200	2,400	1,920	13152
0	0	1,248	2,496	1,998	13153

One-quarter-time students shall be eligible to receive awards	13154
according to the following table:	13155

One-Quarter-Time Enrollment	13156

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:	13157
$2,101	$2,190	$78	$150	$120	13158
2,001	2,100	102	198	162	13159
1,901	2,000	126	252	198	13160
1,801	1,900	150	300	240	13161
1,701	1,800	174	348	282	13162
1,601	1,700	198	402	318	13163
1,501	1,600	228	450	360	13164
1,401	1,500	252	498	402	13165
1,301	1,400	276	552	438	13166
1,201	1,300	300	600	480	13167
1,101	1,200	324	648	522	13168
1,001	1,100	348	702	558	13169
901	1,000	378	750	600	13170
801	900	402	798	642	13171
701	800	426	852	678	13172
601	700	450	900	720	13173
501	600	474	948	762	13174
401	500	498	1,002	798	13175
301	400	528	1,050	840	13176
201	300	552	1,098	882	13177
101	200	576	1,152	918	13178
1	100	600	1,200	960	13179
0	0	624	1,248	1,002	13180

(D) For a full-time student enrolled in an eligible	13181
institution for a semester or quarter in addition to the portion	13182
of the academic year covered by a grant determined under division	13183
(C) of this section, the maximum grant amount shall be a	13184
percentage of the maximum prescribed in the applicable table of	13185
that division. The maximum grant for a fourth quarter shall be	13186
one-third of the maximum amount prescribed under that division.	13187
The maximum grant for a third semester shall be one-half of the	13188
maximum amount prescribed under that division.	13189

(E) No grant shall be made to any student in a course of	13190
study in theology, religion, or other field of preparation for a	13191
religious profession unless such course of study leads to an	13192
accredited bachelor of arts, bachelor of science, associate of	13193
arts, or associate of science degree.	13194

(F)(1) Except as provided in division (F)(2) of this section,	13195
no grant shall be made to any student for enrollment during a	13196
fiscal year in an institution with a cohort default rate	13197
determined by the United States secretary of education pursuant to	13198
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	13199
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	13200
preceding the fiscal year, equal to or greater than thirty per	13201
cent for each of the preceding two fiscal years.	13202

(2) Division (F)(1) of this section does not apply to the	13203
following:	13204

(a) Any student enrolled in an institution that under the	13205
federal law appeals its loss of eligibility for federal financial	13206
aid and the United States secretary of education determines its	13207
cohort default rate after recalculation is lower than the rate	13208
specified in division (F)(1) of this section or the secretary	13209
determines due to mitigating circumstances the institution may	13210
continue to participate in federal financial aid programs. The	13211
chancellor shall adopt rules requiring institutions to provide	13212
information regarding an appeal to the chancellor.	13213

(b) Any student who has previously received a grant under	13214
this section who meets all other requirements of this section.	13215

(3) The chancellor shall adopt rules for the notification of	13216
all institutions whose students will be ineligible to participate	13217
in the grant program pursuant to division (F)(1) of this section.	13218

(4) A student's attendance at an institution whose students	13219
lose eligibility for grants under division (F)(1) of this section	13220
shall not affect that student's eligibility to receive a grant	13221
when enrolled in another institution.	13222

(G) Institutions of higher education that enroll students	13223
receiving needs-based financial aid grants under this section	13224
shall report to the chancellor all students who have received	13225
needs-based financial aid grants but are no longer eligible for	13226
all or part of such grants and shall refund any moneys due the	13227
state within thirty days after the beginning of the quarter or	13228
term immediately following the quarter or term in which the	13229
student was no longer eligible to receive all or part of the	13230
student's grant. There shall be an interest charge of one per cent	13231
per month on all moneys due and payable after such thirty-day	13232
period. The chancellor shall immediately notify the office of	13233
budget and management and the legislative service commission of	13234
all refunds so received.	13235

Sec. 3333.58. There is hereby created at Shawnee state	13236
university the Ohio Appalachian center for higher education to	13237
increase the educational attainment of the residents of Ohio's	13238
Appalachian region, as defined in section 107.21 of the Revised	13239
Code. The board of directors of the center shall consist of the	13240
following members:	13241

(A) The presidents of all of the following:

13242

(1) Shawnee state university;

13243

(2) Belmont technical college;

13244

(3) Hocking college;

13245

(4) Jefferson community college;

13246

(5) Zane state college;

13247

(6) Rio Grande community college;

13248

(7) Southern state community college;

13249

(8) Central Ohio technical college, Coshocton campus;

13250

(9) Washington state community college.

13251

(B) The president of Ohio university, or the president's	13252
designee;	13253

(C) The dean of one of the Salem, Tuscarawas, or East	13254
Liverpool regional campuses of Kent state university, as	13255
designated by the president of Kent state university;	13256

(D) A representative of the chancellor of the Ohio board of	13257
regents as designated by the chancellor.	13258

~~Sec. 3353.20.~~ Sec. 3333.81. As used in sections ~~3353.20~~3333.81	13259
to ~~3353.30~~3333.88 of the Revised Code:	13260

(A) "Clearinghouse" means the clearinghouse established under	13261
section ~~3353.21~~3333.82 of the Revised Code.	13262

(B) ~~"Data verification code" means the code assigned to a~~	13263
~~student under division (D)(2) of section 3301.0714 of the Revised~~	13264
~~Code.~~	13265

~~(C) "One-half unit" of instruction has the same meaning as in~~	13266
~~section 3313.603 of the Revised Code.~~	13267

~~(D)~~"Community school" means a community school established	13268
under Chapter 3314. of the Revised Code.	13269

(C) "Common statewide platform" means a software program that	13270
facilitates the delivery of courses via computers from multiple	13271
course providers to multiple end users, tracks the progress of the	13272
end user, and includes an integrated searchable database of	13273
standards-based course content.	13274

(D) "Course provider" means a school district, community	13275
school, STEM school, state institution of higher education,	13276
private college or university, or nonprofit or for-profit private	13277
entity that creates or is an agent of the creator of original	13278
course content for a course offered through the clearinghouse.	13279

(E) "Instructor" means an individual who holds a license	13280
issued by the state board of education, as defined in section	13281
3319.31 of the Revised Code, or an individual employed as an	13282
instructor or professor by a state institution of higher education	13283
or a private college or university.	13284

(F) "State institution of higher education" has the same	13285
meaning as in section 3345.011 of the Revised Code.	13286

(G) "STEM school" means a science, technology, engineering,	13287
and mathematics school established under Chapter 3326. of the	13288
Revised Code.	13289

(H) A "student's community school" means the community school	13290
~~established under Chapter 3314. of the Revised Code~~ in which the	13291
student is enrolled instead of being enrolled in a school operated	13292
by a school district.	13293

~~(E)~~(I) A "student's school district" means the school	13294
district operating the school in which the student is lawfully	13295
enrolled.	13296

(J) "A student's STEM school" means the STEM school in which	13297
the student is enrolled instead of being enrolled in a school	13298
operated by a school district.	13299

~~Sec. 3353.21.~~ Sec. 3333.82. (A) The ~~eTech Ohio commission~~	13300
chancellor of the Ohio board of regents shall establish a	13301
clearinghouse of interactive distance learning courses and other	13302
distance learning courses delivered via a computer-based method	13303
offered by school districts, community schools, STEM schools,	13304
state institutions of higher education, private colleges and	13305
universities, and other nonprofit and for-profit course providers	13306
for sharing with other school districts ~~and~~, community schools,	13307
STEM schools, state institutions of higher education, private	13308
colleges and universities, and individuals for the fee set	13309
pursuant to section ~~3353.24~~3333.84 of the Revised Code. The	13310
~~commission~~chancellor shall not be responsible for the content of	13311
courses offered through the clearinghouse; however, all such	13312
courses shall be delivered only in accordance with technical	13313
specifications approved by the ~~commission~~chancellor and on a	13314
common statewide platform administered by the chancellor.	13315

(B) To offer a course through the clearinghouse, a ~~school~~	13316
~~district~~course provider shall apply to the ~~commission~~chancellor	13317
in a form and manner prescribed by the ~~commission~~chancellor. The	13318
application for each course shall describe the course of study in	13319
as much detail as required by the ~~commission~~chancellor, whether	13320
an instructor is provided, the qualification and credentials of	13321
the ~~teacher~~instructor, the number of hours of instruction, ~~the~~	13322
~~technology required to deliver and receive the course, the~~	13323
~~technical capacity of the school district to deliver the course,~~	13324
~~the times that the school district plans to deliver the course,~~	13325
and any other information required by the ~~commission~~chancellor.	13326
The ~~commission~~chancellor may require ~~school districts~~course	13327
providers to include in their applications information	13328
recommended by the state board of education under former section	13329
3353.30 of the Revised Code.	13330

(C) The ~~commission~~chancellor shall review the technical	13331
specifications of each application submitted under division (B)	13332
of this section ~~and shall approve a course offered if the~~	13333
~~commission determines that the school district can satisfactorily~~	13334
~~deliver the course through the technology necessary for that~~	13335
~~delivery~~. In reviewing applications, the ~~commission~~chancellor	13336
may consult with the department of education; however, the	13337
responsibility to either approve or not approve a course for the	13338
clearinghouse belongs to the ~~commission~~chancellor. The	13339
~~commission~~chancellor may request additional information from a	13340
~~school district~~course provider that submits an application under	13341
division (B) of this section, if the ~~commission~~chancellor	13342
determines that such information is necessary. The ~~commission~~	13343
chancellor may negotiate changes in the proposal to offer a	13344
course, if the ~~commission~~chancellor determines that changes are	13345
necessary in order to approve the course.	13346

(D) The ~~commission~~chancellor shall catalog each course	13347
approved for the clearinghouse, through a print or electronic	13348
medium, displaying the following:	13349

(1) Information necessary for a student and the student's	13350
parent, guardian, or custodian and the student's school district	13351
or, community school, STEM school, college, or university to	13352
decide whether to enroll in or subscribe to the course;	13353

(2) Instructions for enrolling in that course, including	13354
deadlines for enrollment.	13355

(E) Any expenses related to the installation of a course into	13356
the common statewide platform shall be borne by the course	13357
provider.	13358

(F) The chancellor may contract with an entity to perform	13359
any or all of the chancellor's duties under sections 3333.81 to	13360
3333.88 of the Revised Code.	13361

~~Sec. 3353.22.~~ Sec. 3333.83. (A) A student who is enrolled in a	13362
school operated by a school district or in a community school or	13363
STEM school may enroll in a course ~~included in~~through the	13364
clearinghouse only if both of the following conditions are	13365
satisfied:	13366

(1) The student's enrollment in the course is approved by the	13367
student's school district ~~or the student's~~, community school, or	13368
STEM school.	13369

(2) The student's school district ~~or the student's~~,	13370
community school, or STEM school agrees to accept for credit the	13371
grade assigned by the ~~district that is delivering the~~ course	13372
provider, if that provider is another school district, community	13373
school, or STEM school.	13374

(B) For each student enrolled in a school operated by a	13375
school district or in a community school or STEM school who is	13376
enrolling in a course provided through the clearinghouse by	13377
another school district, community school, or STEM school, the	13378
student's school district ~~or the student's~~, community school, or	13379
STEM school shall transmit ~~the student's data verification code~~	13380
~~and~~ the student's name to the ~~school district delivering the~~	13381
course provider.	13382

The ~~district delivering the~~ course provider may request from	13383
the student's school district ~~or the student's~~, community school,	13384
or STEM school other information from the student's school	13385
record. The ~~student's school~~ district or ~~the student's community~~	13386
school shall provide the requested information only in accordance	13387
with section 3319.321 of the Revised Code.	13388

(C) The student's school district ~~or the student's~~, community	13389
school, or STEM school shall determine the manner in which and	13390
facilities at which the student shall participate in the course	13391
consistent with specifications for technology and connectivity	13392
adopted by the ~~commission~~chancellor of the Ohio board of	13393
regents.	13394

(D) A student may withdraw from a course prior to the end of	13395
the course only by a date and in a manner prescribed by the	13396
student's school district or, community school, or STEM school.	13397

(E) A student who is enrolled in a school operated by a	13398
school district or in a community school or STEM school and who	13399
takes a course ~~included in~~through the clearinghouse shall be	13400
counted in the formula ADM of a school district under section	13401
3317.03 of the Revised Code as if the student were taking the	13402
course from the student's school district ~~or the student's~~,	13403
community school, or STEM school.	13404

Sec. 3333.84. (A) The fee charged for any course offered	13405
through the clearinghouse shall be set by the course provider.	13406

(B) The chancellor of the Ohio board of regents shall	13407
prescribe the manner in which the fee for a course shall be	13408
collected or deducted from the school district, school, college or	13409
university, or individual subscribing to the course and in which	13410
manner the fee shall be paid to the course provider.	13411

(C) The chancellor may retain a percentage of the fee	13412
charged for a course to offset the cost of maintaining and	13413
operating the clearinghouse, including the payment of	13414
compensation for an entity or a private entity that is under	13415
contract with the chancellor under division (F) of section	13416
3333.82 of the Revised Code. The percentage retained shall be	13417
determined by the chancellor.	13418

~~Sec. 3353.26.~~ Sec. 3333.85. The grade for a student ~~who enrolls in~~	13419
enrolled in a school operated by a school district or in a	13420
community school or STEM school for a course ~~included in~~provided	13421
through the clearinghouse by another school district, community	13422
school, or STEM school shall be assigned by ~~the school district~~	13423
~~that delivers~~ the course provider and shall be transmitted by	13424
~~that district~~ to the student's school district ~~or the student's~~,	13425
community school, or STEM school.	13426

~~Sec. 3353.27.~~ Sec. 3333.86. The ~~eTech Ohio commission~~chancellor	13427
of the Ohio board of regents may determine the manner in which a	13428
course included in the clearinghouse may be offered as a dual	13429
enrollment program as defined in section 3313.6013 of the Revised	13430
Code, may be offered to students who are enrolled in nonpublic	13431
schools or are instructed at home pursuant to section 3321.04 of	13432
the Revised Code, or may be offered at times outside the normal	13433
school day or school week, including any necessary additional	13434
fees and methods of payment for a course so offered.	13435

~~Sec. 3353.28.~~ Sec. 3333.87. The ~~eTech Ohio commission~~chancellor	13436
of the Ohio board of regents shall adopt rules in accordance with	13437
Chapter 119. of the Revised Code prescribing procedures for the	13438
implementation of sections ~~3353.20 to 3353.27~~3333.81 to 3333.86	13439
of the Revised Code.	13440

~~Sec. 3353.29.~~ Sec. 3333.88. Nothing in sections ~~3353.20 to 3353.28~~	13441
3333.81 to 3333.87 of the Revised Code, or in rules implementing	13442
those sections, shall prohibit a school district, community	13443
school, STEM school, or college or university from offering an	13444
interactive distance learning course or other distance learning	13445
course using a computer-based method through any means other than	13446
the clearinghouse established and maintained under those	13447
sections.	13448

Sec. 3335.05. Before entering upon the duties of ~~his~~ office	13449
the treasurer of the Ohio state university shall give evidence of	13450
bond to the state or insurance in such sum as the board of	13451
trustees determines, ~~but not a less sum than the probable amount~~	13452
~~that will be under his control in any one year, conditioned~~ for	13453
the faithful discharge of ~~his~~official duties and the payment of	13454
all moneys coming into ~~his~~the treasurer's hands~~, the bond to be~~	13455
~~approved by the attorney general~~. Such evidence of bond or	13456
insurance shall be deposited with the secretary of state and kept	13457
in ~~his~~the secretary of state's office.	13458

Sec. 3341.03. The board of trustees of Bowling Green state	13459
university and Kent state university, respectively, shall annually	13460
elect from their members, a president and a vice-president; and	13461
they may also appoint a secretary of the board, a treasurer, and	13462
such other officers of the university as the interests of the	13463
respective universities require, who may be members of the board.	13464
The treasurers, before entering upon the discharge of their	13465
duties, shall give bonds to the state or be insured for the	13466
faithful performance of their duties and the proper accounting for	13467
all moneys coming into their care. The amount of said bonds or	13468
insurance shall be determined by the boards, but shall not be for	13469
a less sum than the estimated amount which may come into their	13470
control at any time, less any reasonable deductible. ~~Said bonds~~	13471
~~shall be approved by the attorney general.~~	13472

Sec. 3343.08. The treasurer of the central state university,	13473
before entering upon the discharge of the treasurer's duties,	13474
shall give a bond to the state or be insured for the faithful	13475
performance of the treasurer's duties and the proper accounting	13476
for all moneys coming into the treasurer's care. The amount of the	13477
bond or insurance shall be determined by the board of trustees of	13478
central state university, but shall not be for a sum less than the	13479
amount that the board estimates may come into the treasurer's	13480
control at any time, less any reasonable deductible. ~~The bond~~	13481
~~shall be approved by the attorney general.~~	13482

Sec. 3344.02. The board of trustees of Cleveland state	13483
university shall annually elect from their members a ~~chairman~~	13484
chairperson and a ~~vice-chairman~~vice-chairperson; and they may	13485
also appoint a secretary of the board, a treasurer, and such other	13486
officers of the university as the interest of the university	13487
requires, who may be members of the board. The treasurer, before	13488
entering upon the discharge of ~~his~~official duties, shall give	13489
bond to the state or be insured for the faithful performance of	13490
~~his~~the treasurer's duties and the proper accounting for all	13491
moneys coming into ~~his~~the treasurer's care. The amount of said	13492
bond or insurance shall be determined by the board, but shall not	13493
be for a sum less than the estimated amount which may come into	13494
~~his~~the treasurer's control at any time, less any reasonable	13495
deductible. ~~Said bond shall be approved by the attorney general.~~	13496

Sec. 3345.34. (A) No student trustee of a state university	13497
or the northeastern Ohio universities college of medicine shall	13498
use ~~his~~the trusteeship to influence any grade or other evaluation	13499
of ~~his~~the student trustee's performance made by a member of the	13500
faculty or other employee of the state university or the college.	13501

(B) No member of the faculty or other employee of a state	13502
university or the northeastern Ohio universities college of	13503
medicine shall confer any favor, advantage, preference, or other	13504
benefit on a student trustee because of the student's trusteeship.	13505

Sec. 3350.10. (A) There is hereby created the northeastern	13506
Ohio universities college of medicine. The principal goal of the	13507
college shall be to collaborate with the university of Akron,	13508
Cleveland state university, Kent state university, and Youngstown	13509
state university to graduate physicians oriented to the practice	13510
of medicine at the community level, especially family physicians.	13511
To accomplish this goal, the college may incorporate in the	13512
clinical experience provided its students the several community	13513
hospitals in the cities and areas served by the college; utilize	13514
practicing physicians as teachers; and to the fullest extent	13515
possible utilize the basic science capabilities of the university	13516
of Akron, Cleveland state university, Kent state university, and	13517
Youngstown state university. ~~The~~	13518

(1) Until the ninetieth day after the effective date of this	13519
amendment, the government of the college is vested in a	13520
nine-member board of trustees consisting of the presidents of the	13521
university of Akron, Kent state university, and Youngstown state	13522
university; one member each of the boards of trustees of the	13523
university of Akron, Kent state university, and Youngstown state	13524
university, to be appointed by their respective boards of trustees	13525
for a term of six years ending on the first day of May or until	13526
~~his~~the trustee's term on ~~his~~the respective university board of	13527
trustees expires, whichever occurs first; and one person each to	13528
be appointed by the boards of trustees of the university of Akron,	13529
Kent state university, and Youngstown state university, for a term	13530
of nine years ending on the first day of May; except that the term	13531
of those first appointed by the several boards of trustees shall	13532
expire on the first day of May next following their appointment.	13533
Vacancies shall be filled for the unexpired term in the manner	13534
provided for original appointment. The trustees shall receive no	13535
compensation for their services but shall be paid their reasonable	13536
necessary expenses while engaged in the discharge of their	13537
official duties. A majority of the board constitutes a quorum.	13538

(2) Beginning ninety days after the effective date of this	13539
amendment, the government of the college is vested in a board of	13540
eleven trustees, who shall be appointed by the governor, with the	13541
advice and consent of the senate. Two of the trustees shall be	13542
current students of the college, and their selection and terms	13543
shall be in accordance with division (B) of this section. Except	13544
as provided in division (A)(3) of this section and except for the	13545
student members, terms of office shall be for nine years. Each	13546
trustee shall hold office from the date of appointment until the	13547
end of the term for which the trustee was appointed. Any trustee	13548
appointed to fill a vacancy occurring prior to the expiration of	13549
the term for which the trustee's predecessor was appointed shall	13550
hold office for the remainder of such term. Any trustee shall	13551
continue in office subsequent to the expiration date of the	13552
trustee's term until the trustee's successor takes office, or	13553
until a period of sixty days has elapsed, whichever occurs first.	13554
No person who has served a full nine-year term or more than six	13555
years of such a term shall be eligible for reappointment until a	13556
period of four years has elapsed since the last day of the term	13557
for which the person previously served. The trustees shall receive	13558
no compensation for their services but shall be paid their	13559
reasonable necessary expenses while engaged in the discharge of	13560
their official duties. A majority of the board constitutes a	13561
quorum.	13562

(3) Not later than ninety days after the effective date of	13563
this amendment, the governor, with the advice and consent of the	13564
senate, shall appoint the two student trustees and successors for	13565
the trustees serving under division (A)(1) of this section. Except	13566
for the student trustees, who shall serve terms pursuant to	13567
division (B) of this section, the initial terms of office for	13568
trustees appointed under division (A)(2) of this section shall be	13569
as follows: one term ending one year after the effective date of	13570
this amendment; one term ending two years after the effective date	13571
of this amendment; one term ending three years after the effective	13572
date of this amendment; one term ending four years after the	13573
effective date of this amendment; one term ending five years after	13574
the effective date of this amendment; one term ending six years	13575
after the effective date of this amendment; one term ending seven	13576
years after the effective date of this amendment; one term ending	13577
eight years after the effective date of this amendment; one term	13578
ending nine years after the effective date of this amendment.	13579
Thereafter, terms of office shall be for nine years, as provided	13580
in division (A)(2) of this section.	13581

(B) The student members of the board of trustees of the	13582
northeastern Ohio universities college of medicine have no voting	13583
power on the board. Student members shall not be considered as	13584
members of the board in determining whether a quorum is present.	13585
Student members shall not be entitled to attend executive sessions	13586
of the board. The student members of the board shall be appointed	13587
by the governor, with the advice and consent of the senate, from a	13588
group of five candidates selected pursuant to a procedure adopted	13589
by the college's student governments and approved by the college's	13590
board of trustees. The initial term of office of one of the	13591
student members shall commence ninety days after the effective	13592
date of this amendment and shall expire on June 30, 2009, and the	13593
initial term of office of the other student member shall commence	13594
ninety days after the effective date of this amendment and shall	13595
expire on June 30, 2010. Thereafter, terms of office of student	13596
members shall be for two years, each term ending on the same day	13597
of the same month of the year as the term it succeeds. In the	13598
event that a student member cannot fulfill a two-year term, a	13599
replacement shall be selected to fill the unexpired term in the	13600
same manner used to make the original selection.	13601

Sec. 3352.02. The board of trustees of Wright state	13602
university shall annually elect from their members a ~~chairman~~	13603
chairperson and ~~vice-chairman~~vice-chairperson; and they may also	13604
appoint a secretary of the board, a treasurer, and such other	13605
officers of the university as the interest of the university	13606
requires, who may be members of the board. The treasurer, before	13607
entering upon the discharge of ~~his~~official duties, shall give	13608
bond to the state or be insured for the faithful performance of	13609
~~his~~the treasurer's duties and the proper accounting for all	13610
moneys coming into ~~his~~the treasurer's care. The amount of said	13611
bond or insurance shall be determined by the board, but shall not	13612
be for a sum less than the estimated amount which may come into	13613
~~his~~the treasurer's control at any time, less any reasonable	13614
deductible. ~~Said bond shall be approved by the attorney general.~~	13615

Sec. 3353.02. (A) There is hereby created the eTech Ohio	13616
commission as an independent agency to advance education and	13617
accelerate the learning of the citizens of this state through	13618
technology. The commission shall provide leadership and support in	13619
extending the knowledge of the citizens of this state by promoting	13620
access to and use of all forms of educational technology,	13621
including educational television and radio, radio reading	13622
services, broadband networks, videotapes, compact discs, digital	13623
video on demand (DVD), and the internet. The commission also shall	13624
administer programs to provide financial and other assistance to	13625
school districts and other educational institutions for the	13626
acquisition and utilization of educational technology.	13627

The commission is a body corporate and politic, an agency of	13628
the state performing essential governmental functions of the	13629
state.	13630

(B) The commission shall consist of thirteen members, nine of	13631
whom shall be voting members. Six of the voting members shall be	13632
representatives of the public. Of the representatives of the	13633
public, four shall be appointed by the governor with the advice	13634
and consent of the senate, one shall be appointed by the speaker	13635
of the house of representatives, and one shall be appointed by the	13636
president of the senate. The superintendent of public instruction	13637
or a designee of the superintendent, the chancellor of the Ohio	13638
board of regents or a designee of the chancellor, and the ~~director~~	13639
~~of the office of information technology~~state chief information	13640
officer or a designee of the ~~director~~officer shall be ex officio	13641
voting members. Of the nonvoting members, two shall be members of	13642
the house of representatives appointed by the speaker of the house	13643
of representatives and two shall be members of the senate	13644
appointed by the president of the senate. The members appointed	13645
from each chamber shall not be members of the same political	13646
party.	13647

(C) Initial terms of office for members appointed by the	13648
governor shall be one year for one member, two years for one	13649
member, three years for one member, and four years for one member.	13650
At the first meeting of the commission, members appointed by the	13651
governor shall draw lots to determine the length of the term each	13652
member will serve. Thereafter, terms of office for members	13653
appointed by the governor shall be for four years. Terms of office	13654
for voting members appointed by the speaker of the house of	13655
representatives and the president of the senate shall be for four	13656
years. Any member who is a representative of the public may be	13657
reappointed by the member's respective appointing authority, but	13658
no such member may serve more than two consecutive four-year	13659
terms. Such a member may be removed by the member's respective	13660
appointing authority for cause.	13661

Any legislative member appointed by the speaker of the house	13662
of representatives or the president of the senate who ceases to be	13663
a member of the legislative chamber from which the member was	13664
appointed shall cease to be a member of the commission. The	13665
speaker of the house of representatives and the president of the	13666
senate may remove their respective appointments to the commission	13667
at any time.	13668

(D) Vacancies among appointed members shall be filled in the	13669
manner provided for original appointments. Any member appointed to	13670
fill a vacancy occurring prior to the expiration of the term for	13671
which the member's predecessor was appointed shall hold office for	13672
the remainder of that term. Any appointed member shall continue in	13673
office subsequent to the expiration of that member's term until	13674
the member's successor takes office or until a period of sixty	13675
days has elapsed, whichever occurs first.	13676

(E) Members of the commission shall serve without	13677
compensation. The members who are representatives of the public	13678
shall be reimbursed, pursuant to office of budget and management	13679
guidelines, for actual and necessary expenses incurred in the	13680
performance of official duties.	13681

(F) The governor shall appoint the chairperson of the	13682
commission from among the commission's voting members. The	13683
chairperson shall serve a term of two years and may be	13684
reappointed. The commission shall elect other officers as	13685
necessary from among its voting members and shall prescribe its	13686
rules of procedure.	13687

(G) The commission shall establish advisory groups as needed	13688
to address topics of interest and to provide guidance to the	13689
commission regarding educational technology issues and the	13690
technology needs of educators, learners, and the public. Members	13691
of each advisory group shall be appointed by the commission and	13692
shall include representatives of individuals or organizations with	13693
an interest in the topic addressed by the advisory group.	13694

Sec. 3354.16. (A) When the board of trustees of a community	13695
college district has by resolution determined to let by contract	13696
the work of improvements pursuant to the official plan of such	13697
district, contracts in amounts exceeding a dollar amount set by	13698
the board, which dollar amount shall not exceed fifty thousand	13699
dollars, shall be advertised after notices calling for bids have	13700
been published once a week for three consecutive weeks, in at	13701
least one newspaper of general circulation within the community	13702
college district wherein the work is to be done. Subject to	13703
section 3354.10 of the Revised Code, the board of trustees of the	13704
district may let such contract to the lowest responsive and	13705
responsible bidder, in accordance with section 9.312 of the	13706
Revised Code, who meets the requirements of section 153.54 of the	13707
Revised Code. Such contract shall be in writing and shall be	13708
accompanied by or shall refer to plans and specifications for the	13709
work to be done. Such contract shall be approved by the board of	13710
trustees and signed by the president of the board and by the	13711
contractor.	13712

(B) On the first day of January of every even-numbered year,	13713
the chancellor of the board of regents shall adjust the fifty	13714
thousand dollar contract limit set forth in division (A) of this	13715
section, as adjusted in any previous year pursuant to this	13716
division. The chancellor shall adjust the limit according to the	13717
average increase or decrease for each of the two years	13718
immediately preceding the adjustment as set forth in the United	13719
States department of commerce, bureau of ~~the census~~economic	13720
analysis implicit price deflator for ~~construction~~gross domestic	13721
product, nonresidential structures, or an alternative if the	13722
federal government ceases to publish this metric, provided that no	13723
increase or decrease for any year shall exceed three per cent of	13724
the contract limit in existence at the time of the adjustment.	13725
Notwithstanding division (A) of this section, the limit adjusted	13726
under this division shall be used thereafter in lieu of the limit	13727
in division (A) of this section.	13728

(C) Before entering into an improvement pursuant to division	13729
(A) of this section, the board of trustees of a community college	13730
district shall require separate and distinct proposals to be made	13731
for furnishing materials or doing work on the improvement, or	13732
both, in the board's discretion, for each separate and distinct	13733
branch or class of work entering into the improvement. The board	13734
of trustees also may require a single, combined proposal for the	13735
entire project for materials or doing work, or both, in the	13736
board's discretion, that includes each separate and distinct	13737
branch or class of work entering into the improvement. The board	13738
of trustees need not solicit separate proposals for a branch or	13739
class of work for an improvement if the estimate cost for that	13740
branch or class of work is less than five thousand dollars.	13741

(D) When more than one branch or class of work is required,	13742
no contract for the entire job, or for a greater portion thereof	13743
than is embraced in one such branch or class of work shall be	13744
awarded, unless the separate bids do not cover all the work and	13745
materials required or the bids for the whole or for two or more	13746
kinds of work or materials are lower than the separate bids in the	13747
aggregate. The board of trustees need not award separate contracts	13748
for a branch or class of work entering into an improvement if the	13749
estimated cost for that branch or class of work is less than five	13750
thousand dollars.	13751

Sec. 3355.12. (A) When the managing authority of the	13752
university branch district has determined to let by contract the	13753
work of improvements, contracts in amounts exceeding a dollar	13754
amount set by the managing authority, which dollar amount shall	13755
not exceed fifty thousand dollars, shall be advertised after	13756
notices calling for bids have been published once a week for three	13757
consecutive weeks, in at least one newspaper of general	13758
circulation within the university branch district wherein the work	13759
is to be done. Such managing authority may let such contract to	13760
the lowest responsive and responsible bidder, in accordance with	13761
section 9.312 of the Revised Code, who meets the requirements of	13762
section 153.54 of the Revised Code. Such contract shall be in	13763
writing and shall be accompanied by or shall refer to plans and	13764
specifications for the work to be done. Such contract shall be	13765
approved by the managing authority of the university branch	13766
district and signed by the chairperson or vice-chairperson of the	13767
managing authority and by the contractor.	13768

(B) On the first day of January of every even-numbered year,	13769
the chancellor of the board of regents shall adjust the fifty	13770
thousand dollar contract limit set forth in division (A) of this	13771
section, as adjusted in any previous year pursuant to this	13772
division. The chancellor shall adjust the limit according to the	13773
average increase or decrease for each of the two years	13774
immediately preceding the adjustment as set forth in the United	13775
States department of commerce, bureau of ~~the census~~economic	13776
analysis implicit price deflator for ~~construction~~gross domestic	13777
product, nonresidential structures, or an alternative if the	13778
federal government ceases to publish this metric, provided that no	13779
increase or decrease for any year shall exceed three per cent of	13780
the contract limit in existence at the time of the adjustment.	13781
Notwithstanding division (A) of this section, the limit adjusted	13782
under this division shall be used thereafter in lieu of the limit	13783
in division (A) of this section.	13784

(C) Before entering into an improvement pursuant to division	13785
(A) of this section, the managing authority of the university	13786
branch district shall require separate and distinct proposals to	13787
be made for furnishing materials or doing work on the improvement,	13788
or both, in the board's discretion, for each separate and distinct	13789
branch or class of work entering into the improvement. The	13790
managing authority also may require a single, combined proposal	13791
for the entire project for materials or doing work, or both, in	13792
the board's discretion, that includes each separate and distinct	13793
branch or class of work entering into the improvement. The	13794
managing authority need not solicit separate proposals for a	13795
branch or class of work for an improvement if the estimate cost	13796
for that branch or class of work is less than five thousand	13797
dollars.	13798

(D) When more than one branch or class of work is required,	13799
no contract for the entire job, or for a greater portion thereof	13800
than is embraced in one such branch or class of work shall be	13801
awarded, unless the separate bids do not cover all the work and	13802
materials required or the bids for the whole or for two or more	13803
kinds of work or materials are lower than the separate bids in the	13804
aggregate. The managing authority need not award separate	13805
contracts for a branch or class of work entering into an	13806
improvement if the estimated cost for that branch or class of work	13807
is less than five thousand dollars.	13808

Sec. 3356.02. The board of trustees of Youngstown state	13809
university shall annually elect from their members a ~~chairman~~	13810
chairperson and a ~~vice-chairman~~vice-chairperson; and they may	13811
also appoint a secretary of the board, a treasurer, and such other	13812
officers of the university as the interest of the university	13813
requires, who may be members of the board. The treasurer, before	13814
entering upon the discharge of ~~his~~official duties, shall give	13815
bond to the state or be insured for faithful performance of ~~his~~	13816
the treasurer's duties and the proper accounting for all moneys	13817
coming into ~~his~~the treasurer's care. The amount of said bond or	13818
insurance shall be determined by the board, but shall not be for a	13819
sum less than the estimated amount which may come into ~~his~~the	13820
treasurer's control at any time, less any reasonable deductible.	13821
~~Said bond shall be approved by the attorney general.~~	13822

Sec. 3357.16. (A) When the board of trustees of a technical	13823
college district has by resolution determined to let by contract	13824
the work of improvements pursuant to the official plan of such	13825
district, contracts in amounts exceeding a dollar amount set by	13826
the board, which dollar amount shall not exceed fifty thousand	13827
dollars, shall be advertised after notice calling for bids has	13828
been published once a week for three consecutive weeks, in at	13829
least one newspaper of general circulation within the technical	13830
college district where the work is to be done. The board of	13831
trustees of the technical college district may let such contract	13832
to the lowest responsive and responsible bidder, in accordance	13833
with section 9.312 of the Revised Code, who meets the requirements	13834
of section 153.54 of the Revised Code. Such contract shall be in	13835
writing and shall be accompanied by or shall refer to plans and	13836
specifications for the work to be done. Such contract shall be	13837
approved by the board of trustees and signed by the president of	13838
the board and by the contractor.	13839

(B) On the first day of January of every even-numbered year,	13840
the chancellor of the board of regents shall adjust the fifty	13841
thousand dollar contract limit set forth in division (A) of this	13842
section, as adjusted in any previous year pursuant to this	13843
division. The chancellor shall adjust the limit according to the	13844
average increase or decrease for each of the two years	13845
immediately preceding the adjustment as set forth in the United	13846
States department of commerce, bureau of ~~the census~~economic	13847
analysis implicit price deflator for ~~construction~~gross domestic	13848
product, nonresidential structures, or an alternative if the	13849
federal government ceases to publish this metric, provided that no	13850
increase or decrease for any year shall exceed three per cent of	13851
the contract limit in existence at the time of the adjustment.	13852
Notwithstanding division (A) of this section, the limit adjusted	13853
under this division shall be used thereafter in lieu of the limit	13854
in division (A) of this section.	13855

(C) Before entering into an improvement pursuant to division	13856
(A) of this section, the board of trustees of a technical college	13857
district shall require separate and distinct proposals to be made	13858
for furnishing materials or doing work on the improvement, or	13859
both, in the board's discretion, for each separate and distinct	13860
branch or class of work entering into the improvement. The board	13861
of trustees also may require a single, combined proposal for the	13862
entire project for materials or doing work, or both, in the	13863
board's discretion, that includes each separate and distinct	13864
branch or class of work entering into the improvement. The board	13865
of trustees need not solicit separate proposals for a branch or	13866
class of work for an improvement if the estimate cost for that	13867
branch or class of work is less than five thousand dollars.	13868

(D) When more than one branch or class of work is required,	13869
no contract for the entire job, or for a greater portion thereof	13870
than is embraced in one such branch or class of work shall be	13871
awarded, unless the separate bids do not cover all the work and	13872
materials required or the bids for the whole or for two or more	13873
kinds of work or materials are lower than the separate bids in the	13874
aggregate. The board of trustees need not award separate contracts	13875
for a branch or class of work entering into an improvement if the	13876
estimated cost for that branch or class of work is less than five	13877
thousand dollars.	13878

Sec. 3359.02. The board of trustees of the university of	13879
Akron shall annually elect from their members a ~~chairman~~	13880
chairperson and a ~~vice-chairman~~vice-chairperson; and they may	13881
also appoint a secretary of the board, a treasurer, and such other	13882
officers of the university as the interest of the university	13883
requires, who may be members of the board. The treasurer, before	13884
entering upon the discharge of ~~his~~official duties, shall give	13885
bond to the state or be insured for the faithful performance of	13886
~~his~~the treasurer's duties and the proper accounting for all	13887
moneys coming into ~~his~~the treasurer's care. The amount of said	13888
bonds or insurance shall be determined by the board, but shall not	13889
be for a sum less than the estimated amount which may come into	13890
~~his~~the treasurer's control at any time, less any reasonable	13891
deductible. ~~Said bond shall be approved by the attorney general.~~	13892

Sec. 3361.02. The board of trustees of the university of	13893
Cincinnati shall annually elect from their members a ~~chairman~~	13894
chairperson and a ~~vice-chairman~~vice-chairperson, and they may	13895
also appoint a secretary of the board, a treasurer, and such other	13896
officers of the university as the interests of the university	13897
require, who may be members of the board. The treasurer, before	13898
entering upon the discharge of ~~his~~official duties, shall give	13899
bond to the state or be insured for the faithful performance of	13900
~~his~~the treasurer's duties and the proper accounting for all	13901
moneys coming into ~~his~~the treasurer's care. The amount of said	13902
bond or insurance shall be determined by the board, but shall not	13903
be for a sum less than the estimated amount which may come into	13904
~~his~~the treasurer's control at any time, less any reasonable	13905
deductible. ~~Said bond shall be approved by the attorney general.~~	13906

Sec. 3364.02. The board of trustees of the university of	13907
Toledo annually shall elect from among its members a chairperson	13908
and a vice-chairperson, and also may appoint a secretary of the	13909
board, a treasurer, and such other officers of the university as	13910
the interest of the university requires, who may be members of the	13911
board. The treasurer, before entering upon the discharge of	13912
official duties, shall give bond to the state or be insured for	13913
the faithful performance of the treasurer's duties and the proper	13914
accounting for all moneys coming into the treasurer's care. The	13915
amount of that bond or insurance shall be determined by the board,	13916
but shall not be for a sum less than the estimated amount which	13917
may come into the treasurer's control at any time, less any	13918
reasonable deductible.	13919

Sec. 3365.15. The program known as "seniors to sophomores,"	13920
or any successor name, shall permit nonpublic school students to	13921
participate.	13922

Sec. 3501.17. (A) The expenses of the board of elections	13923
shall be paid from the county treasury, in pursuance of	13924
appropriations by the board of county commissioners, in the same	13925
manner as other county expenses are paid. If the board of county	13926
commissioners fails to appropriate an amount sufficient to provide	13927
for the necessary and proper expenses of the board of elections	13928
pertaining to the conduct of elections, the board of elections	13929
may apply to the court of common pleas within the county, which	13930
shall fix the amount necessary to be appropriated and the amount	13931
shall be appropriated. Payments shall be made upon vouchers of the	13932
board of elections certified to by its chairperson or acting	13933
chairperson and the director or deputy director, upon warrants of	13934
the county auditor.	13935

The board of elections shall not incur any obligation	13936
involving the expenditure of money unless there are moneys	13937
sufficient in the funds appropriated therefor to meet the	13938
obligation. If the board of elections requests a transfer of funds	13939
from one of its appropriation items to another, the board of	13940
county commissioners shall adopt a resolution providing for the	13941
transfer except as otherwise provided in section 5705.40 of the	13942
Revised Code. The expenses of the board of elections shall be	13943
apportioned among the county and the various subdivisions as	13944
provided in this section, and the amount chargeable to each	13945
subdivision shall be withheld by the auditor from the moneys	13946
payable thereto at the time of the next tax settlement. At the	13947
time of submitting budget estimates in each year, the board of	13948
elections shall submit to the taxing authority of each	13949
subdivision, upon the request of the subdivision, an estimate of	13950
the amount to be withheld from the subdivision during the next	13951
fiscal year.	13952

(B) Except as otherwise provided in division (F) of this	13953
section, the compensation of the members of the board of	13954
elections and of the director, deputy director, and regular	13955
employees in the board's offices, other than compensation for	13956
overtime worked; the expenditures for the rental, furnishing, and	13957
equipping of the office of the board and for the necessary office	13958
supplies for the use of the board; the expenditures for the	13959
acquisition, repair, care, and custody of the polling places,	13960
booths, guardrails, and other equipment for polling places; the	13961
cost of tally sheets, maps, flags, ballot boxes, and all other	13962
permanent records and equipment; the cost of all elections held	13963
in and for the state and county; and all other expenses of the	13964
board which are not chargeable to a political subdivision in	13965
accordance with this section shall be paid in the same manner as	13966
other county expenses are paid.	13967

(C) The compensation of judges of elections and intermittent	13968
employees in the board's offices; the cost of renting, moving,	13969
heating, and lighting polling places and of placing and removing	13970
ballot boxes and other fixtures and equipment thereof, including	13971
voting machines, marking devices, and automatic tabulating	13972
equipment; the cost of printing and delivering ballots, cards of	13973
instructions, registration lists required under section 3503.23	13974
of the Revised Code, and other election supplies, including the	13975
supplies required to comply with division (H) of section 3506.01	13976
of the Revised Code; the cost of contractors engaged by the board	13977
to prepare, program, test, and operate voting machines, marking	13978
devices, and automatic tabulating equipment; and all other	13979
expenses of conducting primaries and elections in the odd-numbered	13980
years shall be charged to the subdivisions in and for which such	13981
primaries or elections are held. The charge for each primary or	13982
general election in odd-numbered years for each subdivision shall	13983
be determined in the following manner: first, the total cost of	13984
all chargeable items used in conducting such elections shall be	13985
ascertained; second, the total charge shall be divided by the	13986
number of precincts participating in such election, in order to	13987
fix the cost per precinct; third, the cost per precinct shall be	13988
prorated by the board of elections to the subdivisions conducting	13989
elections for the nomination or election of offices in such	13990
precinct; fourth, the total cost for each subdivision shall be	13991
determined by adding the charges prorated to it in each precinct	13992
within the subdivision.	13993

(D) The entire cost of special elections held on a day other	13994
than the day of a primary or general election, both in	13995
odd-numbered or in even-numbered years, shall be charged to the	13996
subdivision. Where a special election is held on the same day as a	13997
primary or general election in an even-numbered year, the	13998
subdivision submitting the special election shall be charged only	13999
for the cost of ballots and advertising. Where a special election	14000
is held on the same day as a primary or general election in an	14001
odd-numbered year, the subdivision submitting the special election	14002
shall be charged for the cost of ballots and advertising for such	14003
special election, in addition to the charges prorated to such	14004
subdivision for the election or nomination of candidates in each	14005
precinct within the subdivision, as set forth in the preceding	14006
paragraph.	14007

(E) Where a special election is held on the day specified by	14008
division (E) of section 3501.01 of the Revised Code for the	14009
holding of a primary election, for the purpose of submitting to	14010
the voters of the state constitutional amendments proposed by the	14011
general assembly, and a subdivision conducts a special election on	14012
the same day, the entire cost of the special election shall be	14013
divided proportionally between the state and the subdivision based	14014
upon a ratio determined by the number of issues placed on the	14015
ballot by each, except as otherwise provided in division (G) of	14016
this section. Such proportional division of cost shall be made	14017
only to the extent funds are available for such purpose from	14018
amounts appropriated by the general assembly to the secretary of	14019
state. If a primary election is also being conducted in the	14020
subdivision, the costs shall be apportioned as otherwise provided	14021
in this section.	14022

(F) When a precinct is open during a general, primary, or	14023
special election solely for the purpose of submitting to the	14024
voters a statewide ballot issue, the state shall bear the entire	14025
cost of the election in that precinct and shall reimburse the	14026
county for all expenses incurred in opening the precinct.	14027

(G) The state shall bear the entire cost of advertising in	14028
newspapers statewide ballot issues, explanations of those issues,	14029
and arguments for or against those issues, as required by Section	14030
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	14031
and any other section of law. ~~The Ohio ballot board~~Appropriations	14032
made to the controlling board shall be used to reimburse the	14033
secretary of state for all expenses the secretary of state incurs	14034
for such advertising under division (G) of section 3505.062 of	14035
the Revised Code.	14036

(H) The cost of renting, heating, and lighting registration	14037
places; the cost of the necessary books, forms, and supplies for	14038
the conduct of registration; and the cost of printing and posting	14039
precinct registration lists shall be charged to the subdivision in	14040
which such registration is held.	14041

(I) At the request of a majority of the members of the board	14042
of elections, the board of county commissioners may, by	14043
resolution, establish an elections revenue fund. Except as	14044
otherwise provided in this division, the purpose of the fund shall	14045
be to accumulate revenue withheld by or paid to the county under	14046
this section for the payment of any expense related to the duties	14047
of the board of elections specified in section 3501.11 of the	14048
Revised Code, upon approval of a majority of the members of the	14049
board of elections. The fund shall not accumulate any revenue	14050
withheld by or paid to the county under this section for the	14051
compensation of the members of the board of elections or of the	14052
director, deputy director, or other regular employees in the	14053
board's offices, other than compensation for overtime worked.	14054

Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the	14055
Revised Code, the board of county commissioners may, by	14056
resolution, transfer money to the elections revenue fund from any	14057
other fund of the political subdivision from which such payments	14058
lawfully may be made. Following an affirmative vote of a majority	14059
of the members of the board of elections, the board of county	14060
commissioners may, by resolution, rescind an elections revenue	14061
fund established under this division. If an elections revenue fund	14062
is rescinded, money that has accumulated in the fund shall be	14063
transferred to the county general fund.	14064

(J) As used in this section:

14065

(1) "Political subdivision" and "subdivision" mean any board	14066
of county commissioners, board of township trustees, legislative	14067
authority of a municipal corporation, board of education, or any	14068
other board, commission, district, or authority that is empowered	14069
to levy taxes or permitted to receive the proceeds of a tax levy,	14070
regardless of whether the entity receives tax settlement moneys as	14071
described in division (A) of this section;	14072

(2) "Statewide ballot issue" means any ballot issue, whether	14073
proposed by the general assembly or by initiative or referendum,	14074
that is submitted to the voters throughout the state.	14075

Sec. 3702.71. As used in sections 3702.71 to 3702.81 of the	14076
Revised Code:	14077

(A) "Primary care physician" means an individual who is	14078
authorized under Chapter 4731. of the Revised Code to practice	14079
medicine and surgery or osteopathic medicine and surgery and is	14080
board certified or board eligible in a primary care specialty.	14081

(B) "Primary care service" means professional comprehensive	14082
personal health services, which may include health education and	14083
disease prevention, treatment of uncomplicated health problems,	14084
diagnosis of chronic health problems, overall management of	14085
health care services for an individual or a family, and the	14086
services of a psychiatrist. "Primary care service" also includes	14087
providing the initial contact for health care services and making	14088
referrals for secondary and tertiary care and for continuity of	14089
health care services.	14090

(C) "Primary care specialty" means general internal medicine,	14091
pediatrics, adolescent medicine, obstetrics and gynecology,	14092
psychiatry, child and adolescent psychiatry, geriatric	14093
psychiatry, combined internal medicine and pediatrics,	14094
geriatrics, or family practice.	14095

Sec. 3702.72. (A) A primary care physician who will not have	14096
an outstanding obligation for medical service to the federal	14097
government, a state, or other entity at the time of participation	14098
in the physician loan repayment program and meets one of the	14099
following requirements may apply for participation in the	14100
physician loan repayment program:	14101

(1) The primary care physician is enrolled in the final year	14102
of an accredited program required for board certification in a	14103
primary care specialty.	14104

(2) The primary care physician is enrolled in the final year	14105
of a fellowship program in a primary care specialty.	14106

(3) The primary care physician holds a valid certificate to	14107
practice medicine and surgery or osteopathic medicine and surgery	14108
issued under Chapter 4731. of the Revised Code.	14109

(B) An application for participation in the physician loan	14110
repayment program shall be submitted to the director of health on	14111
a form that the director shall prescribe. The information required	14112
to be submitted with an application includes the following:	14113

(1) The applicant's name, permanent address or address at	14114
which the applicant is currently residing if different from the	14115
permanent address, and telephone number;	14116

(2) The applicant's primary care specialty or specialties;

14117

(3) The medical school or osteopathic medical school the	14118
applicant attended, the dates of attendance, and verification of	14119
attendance;	14120

(4) The facility or institution where the applicant's medical	14121
residency program was completed or is being performed, and, if	14122
completed, the date of completion;	14123

(5) If applicable, the facility or institution where the	14124
applicant's fellowship was completed or is being performed, and,	14125
if completed, the date of completion;	14126

(6) A summary and verification of the educational expenses	14127
for which the applicant seeks reimbursement under the program;	14128

~~(6)~~(7) Verification of the applicant's authorization under	14129
Chapter 4731. of the Revised Code to practice medicine and surgery	14130
or osteopathic medicine and surgery;	14131

~~(7)~~(8) Verification of the applicant's United States	14132
citizenship or status as a legal alien.	14133

Sec. 3702.73. If funds are available in the physician loan	14134
repayment fund created under section 3702.78 of the Revised Code	14135
and the general assembly has appropriated funds for the physician	14136
loan repayment program, the director of health shall approve an	14137
applicant for participation in the program if the director finds	14138
that, in accordance with the priorities established under section	14139
3702.77 of the Revised Code, the applicant is eligible for	14140
participation in the program and the applicant's primary care	14141
specialty is needed in a health resource shortage area.	14142

Upon approval, the director shall notify and enter into	14143
discussions with the applicant. The object of the discussions is	14144
to facilitate the recruitment of the applicant to a site within a	14145
health resource shortage area at which, according to the	14146
priorities established under section 3702.77 of the Revised Code,	14147
the applicant's primary care specialty is most needed.	14148

If the director and applicant agree on the applicant's	14149
placement at a particular site within a health resource shortage	14150
area, the applicant shall prepare, sign, and deliver to the	14151
director a letter of intent agreeing to that placement.	14152

Sec. 3702.74. (A) A primary care physician who has signed a	14153
letter of intent under section 3702.73 of the Revised Code,and	14154
the director of health~~, and the Ohio board of regents~~ may enter	14155
into a contract for the physician's participation in the physician	14156
loan repayment program. ~~A lending institution~~The physician's	14157
employer or other funding source may also be a party to the	14158
contract.	14159

(B) The contract shall include all of the following	14160
obligations:	14161

(1) The primary care physician agrees to provide primary care	14162
services in the health resource shortage area identified in the	14163
letter of intent for at least two years ~~or one year per twenty~~	14164
~~thousand dollars of repayment agreed to under division (B)(3) of~~	14165
~~this section, whichever is greater~~;	14166

(2) When providing primary care services in the health	14167
resource shortage area, the primary care physician agrees to do	14168
all of the following:	14169

(a) Provide primary care services for a minimum of forty	14170
hours per week, of which at least twenty-one hours will be spent	14171
providing patient care in an outpatient or ambulatory setting;	14172

(b) Provide primary care services without regard to a	14173
patient's ability to pay;	14174

(c) Meet the conditions prescribed by the "Social Security	14175
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the	14176
department of job and family services for participation in the	14177
~~medical assistance~~medicaid program established under Chapter	14178
5111. of the Revised Code and enter into a contract with the	14179
department to provide primary care services to recipients of the	14180
medical assistance program;	14181

(d) Meet the conditions established by the department of job	14182
and family services for participation in the disability medical	14183
assistance program established under Chapter 5115. of the Revised	14184
Code and enter into a contract with the department to provide	14185
primary care services to recipients of disability medical	14186
assistance.	14187

(3) The ~~Ohio board of regents~~department of health agrees, as	14188
provided in section 3702.75 of the Revised Code, to repay, so long	14189
as the primary care physician performs the service obligation	14190
agreed to under division (B)(1) of this section, all or part of	14191
the principal and interest of a government or other educational	14192
loan taken by the primary care physician for expenses described in	14193
section 3702.75 of the Revised Code;	14194

(4) The primary care physician agrees to pay the ~~board the~~	14195
~~following as damages~~department of health an amount established by	14196
rules adopted under section 3702.79 of the Revised Code if the	14197
physician fails to complete the service obligation agreed to under	14198
division (B)(1) of this section:	14199

~~(a) If the failure occurs during the first two years of the~~	14200
~~service obligation, three times the total amount the board has~~	14201
~~agreed to repay under division (B)(3) of this section;~~	14202

~~(b) If the failure occurs after the first two years of the~~	14203
~~service obligation, three times the amount the board is still~~	14204
~~obligated to repay under division (B)(3) of this section~~.	14205

(C) The contract may include any other terms agreed upon by	14206
the parties~~, including an assignment to the Ohio board of regents~~	14207
~~of the physician's duty to pay the principal and interest of a~~	14208
~~government or other educational loan taken by the physician for~~	14209
~~expenses described in section 3702.75 of the Revised Code. If the~~	14210
~~board assumes the physician's duty to pay a loan, the contract~~	14211
~~shall set forth the total amount of principal and interest to be~~	14212
~~paid, an amortization schedule, and the amount of each payment to~~	14213
~~be made under the schedule~~.	14214

Sec. 3702.75. There is hereby created the physician loan	14215
repayment program. Under the program, the ~~Ohio board of regents~~	14216
department of health, by means of a contract provision under	14217
division (B)(3) of section 3702.74 of the Revised Code, may agree	14218
to repay all or part of the principal and interest of a government	14219
or other educational loan taken by a primary care physician for	14220
the following expenses, so long as the expenses were incurred	14221
while the physician was enrolled in, for up to a maximum of four	14222
years, a medical school or osteopathic medical school in the	14223
United States that was, during the time enrolled, accredited by	14224
the liaison committee on medical education or the American	14225
osteopathic association, or a medical school or osteopathic	14226
medical school located outside the United States that was, during	14227
the time enrolled, acknowledged by the world health organization	14228
and verified by a member state of that organization as operating	14229
within the state's jurisdiction:	14230

(A) Tuition;

14231

(B) Other educational expenses, such as fees, books, and	14232
laboratory expenses, for specific purposes and in amounts	14233
determined to be reasonable by the director of health;	14234

(C) Room and board, in an amount determined reasonable by the	14235
director of health.	14236

NoIn the first and second years, no repayment shall exceed	14237
~~twenty~~twenty-five thousand dollars in ~~any~~each year. In the third	14238
and fourth years, no repayment shall exceed thirty-five thousand	14239
dollars in each year. If, however, a repayment results in an	14240
increase in the primary care physician's federal, state, or local	14241
income tax liability, ~~the Ohio board of regents,~~ at the	14242
physician's request ~~and with the approval of the director of~~	14243
~~health~~, the department may reimburse the physician for the	14244
increased tax liability, regardless of the amount of the repayment	14245
made to the physician in that year.	14246

Not later than the thirty-first day of January each year, the	14247
~~Ohio board of regents~~department shall mail to each physician to	14248
whom or on whose behalf repayment is made under this section a	14249
statement showing the amount ~~of principal and interest~~ repaid by	14250
the ~~board~~department pursuant to the contract in the preceding	14251
year. The statement shall be sent by ordinary mail with address	14252
correction and forwarding requested in the manner prescribed by	14253
the United States postal service.	14254

Sec. 3702.78. The director of health may accept gifts of	14255
money from any source for the implementation and administration of	14256
sections 3702.72 to 3702.77 of the Revised Code. ~~The Ohio board of~~	14257
~~regents may accept gifts of money from any source for~~	14258
~~implementation and administration of the physician loan repayment~~	14259
~~program under sections 3702.74 and 3702.75 of the Revised Code.~~	14260

The director shall pay all gifts accepted under this section	14261
into the state treasury, to the credit of the health resource	14262
shortage area fund, which is hereby created~~. The board shall pay~~,	14263
and all ~~gifts accepted under this section, and~~ damages collected	14264
under division (B)(4) of section 3702.74 of the Revised Code, into	14265
the state treasury, to the credit of the physician loan repayment	14266
fund, which is hereby created.	14267

The director shall use the health resource shortage area ~~fund~~	14268
and the physician loan repayment funds for the implementation and	14269
administration of sections 3702.72 to 3702.77 of the Revised Code.	14270
~~The board shall use the physician loan repayment fund for the~~	14271
~~implementation and administration of the physician loan repayment~~	14272
~~program under sections 3702.74 and 3702.75 of the Revised Code.~~	14273

Sec. 3702.79. The director of health, in accordance with	14274
Chapter 119. of the Revised Code, shall adopt rules as necessary	14275
to implement and administer sections 3702.71 to 3702.78 of the	14276
Revised Code. In preparing rules, the director shall consult with	14277
~~the Ohio board of regents and~~ the physician loan repayment	14278
advisory board.	14279

Sec. 3702.81. There is hereby created the physician loan	14280
repayment advisory board. The board shall consist of ~~eleven~~ten	14281
members as follows:	14282

(A) The following ~~six~~five members appointed by the governor:	14283
a representative of ~~the department of health, a representative of~~	14284
the Ohio academy of family practice, a representative of the board	14285
of regents, a representative of the Ohio association of community	14286
health centers, a representative of the Ohio state medical	14287
association, and a representative of the Ohio osteopathic	14288
association;	14289

(B) Two members of the house of representatives, one from	14290
each political party, appointed by the speaker of the house of	14291
representatives;	14292

(C) Two members of the senate, one from each political party,	14293
appointed by the president of the senate.	14294

(D) The director of health or an employee of the department	14295
of health designated by the director.	14296

Of the initial appointments made by the governor, three shall	14297
be for terms ending June 30, 1994, and four shall be for terms	14298
ending June 30, 1995. Of the initial appointments made by the	14299
speaker of the house of representatives, one shall be for a term	14300
ending June 30, 1994, and one shall be for a term ending June 30,	14301
1995. Of the initial appointments made by the president of the	14302
senate, one shall be for a term ending June 30, 1994, and one	14303
shall be for a term ending June 30, 1995. Thereafter, terms of	14304
office shall be two years, commencing on the first day of July and	14305
ending on the thirtieth day of June. Each member shall hold office	14306
from the date of appointment until the end of the term for which	14307
the member was appointed, except that a legislative member ceases	14308
to be a member of the board upon ceasing to be a member of the	14309
general assembly.	14310

Vacancies shall be filled in the manner prescribed for the	14311
original appointment. A member appointed to fill a vacancy	14312
occurring prior to the expiration of the term for which the	14313
member's predecessor was appointed shall hold office for the	14314
remainder of that term. A member shall continue in office	14315
subsequent to the expiration of the member's term until a	14316
successor takes office or until sixty days have elapsed, whichever	14317
occurs first. No person shall be appointed to the board for more	14318
than two consecutive terms.	14319

The governor, speaker, or president, or director may remove a	14320
member for whom the governor, speaker, or president, or director	14321
was the appointing authority, for misfeasance, malfeasance, or	14322
willful neglect of duty.	14323

The ~~governor~~board shall designate a member ~~of the board~~ to	14324
serve as chairperson of the board.	14325

The board shall meet at least once annually. The chairperson	14326
shall call special meetings as needed or upon the request of six	14327
members.	14328

Six members of the board constitute a quorum to transact and	14329
vote on all business coming before the board.	14330

Members of the board shall serve without compensation.

14331

The department of health shall provide the board with staff	14332
assistance as requested by the board.	14333

Sec. 3702.85. There is hereby created the dentist loan	14334
repayment program, which shall be administered by the department	14335
of health in cooperation with ~~the board of regents and~~ the dentist	14336
loan repayment advisory board. The program shall provide loan	14337
repayment on behalf of individuals who agree to provide dental	14338
services in areas designated as dental health resource shortage	14339
areas by the director of health pursuant to section 3702.87 of the	14340
Revised Code.	14341

Under the program, the ~~Ohio board~~department of ~~regents~~	14342
health, by means of a contract entered into under section 3702.91	14343
of the Revised Code, may agree to repay all or part of the	14344
principal and interest of a government or other educational loan	14345
taken by an individual for the following expenses incurred while	14346
the individual was enrolled in an accredited dental college or a	14347
dental college located outside of the United States that meets the	14348
standards of section 4715.11 of the Revised Code:	14349

(A) Tuition;

14350

(B) Other educational expenses, such as fees, books, and	14351
laboratory expenses that are for purposes and in amounts	14352
determined reasonable by the director of health;	14353

(C) Room and board, in an amount determined reasonable by the	14354
director of health.	14355

Sec. 3702.86. The director of health, in accordance with	14356
Chapter 119. of the Revised Code, shall adopt rules as necessary	14357
to implement and administer sections 3702.85 to 3702.95 of the	14358
Revised Code. In preparing rules, the director shall consult with	14359
~~the Ohio board of regents and~~ the dentist loan repayment advisory	14360
board.	14361

Sec. 3702.91. (A) An individual who has signed a letter of	14362
intent under section 3702.90 of the Revised Code may enter into a	14363
contract with the director of health ~~and the Ohio board of regents~~	14364
for participation in the dentist loan repayment program. A lending	14365
institution may also be a party to the contract.	14366

(B) The contract shall include all of the following	14367
obligations:	14368

(1) The individual agrees to provide dental services in the	14369
dental health resource shortage area identified in the letter of	14370
intent for at least one year.	14371

(2) When providing dental services in the dental health	14372
resource shortage area, the individual agrees to do all of the	14373
following:	14374

(a) Provide dental services for a minimum of forty hours per	14375
week;	14376

(b) Provide dental services without regard to a patient's	14377
ability to pay;	14378

(c) Meet the conditions prescribed by the "Social Security	14379
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the	14380
department of job and family services for participation in the	14381
medicaid program established under Chapter 5111. of the Revised	14382
Code and enter into a contract with the department to provide	14383
dental services to medicaid recipients.	14384

(3) The ~~Ohio board of regents~~department of health agrees, as	14385
provided in section 3702.85 of the Revised Code, to repay, so long	14386
as the individual performs the service obligation agreed to under	14387
division (B)(1) of this section, all or part of the principal and	14388
interest of a government or other educational loan taken by the	14389
individual for expenses described in section 3702.85 of the	14390
Revised Code up to but not exceeding twenty thousand dollars per	14391
year of service.	14392

(4) The individual agrees to pay the ~~board~~department of	14393
health the following as damages if the individual fails to	14394
complete the service obligation agreed to under division (B)(1) of	14395
this section:	14396

(a) If the failure occurs during the first two years of the	14397
service obligation, three times the total amount the ~~board~~	14398
department has agreed to repay under division (B)(3) of this	14399
section;	14400

(b) If the failure occurs after the first two years of the	14401
service obligation, three times the amount the ~~board~~department is	14402
still obligated to repay under division (B)(3) of this section.	14403

(C) The contract may include any other terms agreed upon by	14404
the parties, including an assignment to the ~~Ohio board of regents~~	14405
department of health of the individual's duty to pay the principal	14406
and interest of a government or other educational loan taken by	14407
the individual for expenses described in section 3702.85 of the	14408
Revised Code. If the ~~board~~department assumes the individual's	14409
duty to pay a loan, the contract shall set forth the total amount	14410
of principal and interest to be paid, an amortization schedule,	14411
and the amount of each payment to be made under the schedule.	14412

(D) Not later than the thirty-first day of January of each	14413
year, the ~~Ohio board of regents~~department of health shall mail to	14414
each individual to whom or on whose behalf repayment is made under	14415
the dentist loan repayment program a statement showing the amount	14416
of principal and interest repaid by the ~~board~~department pursuant	14417
to the contract in the preceding year. The statement shall be sent	14418
by ordinary mail with address correction and forwarding requested	14419
in the manner prescribed by the United States postal service.	14420

Sec. 3702.93. The dentist loan repayment advisory board shall	14421
determine the amounts that will be paid as loan repayments on	14422
behalf of participants in the dentist loan repayment program. No	14423
repayment shall exceed twenty thousand dollars in any year, except	14424
that if a repayment results in an increase in the participant's	14425
federal, state, or local income tax liability, the ~~Ohio board of~~	14426
~~regents~~department of health, at the participant's request and	14427
with the approval of the director of health, may reimburse the	14428
participant for the increased tax liability, regardless of the	14429
amount of the repayment in that year. Total repayment on behalf of	14430
a participant shall not exceed eighty thousand dollars over the	14431
time of participation in the program.	14432

Sec. 3702.95. The director of health may accept gifts of	14433
money from any source for the implementation and administration of	14434
sections 3702.85 to 3702.93 of the Revised Code. ~~The Ohio board of~~	14435
~~regents may accept gifts of money from any source for~~	14436
~~implementation and administration of the dentist loan repayment~~	14437
~~program under sections 3702.85 and 3702.91 of the Revised Code.~~	14438

The director shall pay all gifts accepted under this section	14439
into the state treasury, to the credit of the dental health	14440
resource shortage area fund, which is hereby created~~. The board~~	14441
~~shall pay~~, and all ~~gifts accepted under this section, and~~ damages	14442
collected under division (B)(4) of section 3702.91 of the Revised	14443
Code, into the state treasury, to the credit of the dentist loan	14444
repayment fund, which is hereby created.	14445

The director shall use the dental health resource shortage	14446
area ~~fund~~and dentist loan repayment funds for the implementation	14447
and administration of sections 3702.85 ~~and 3702.87 to 3702.93~~to	14448
3702.95 of the Revised Code. ~~The board shall use the dentist loan~~	14449
~~repayment fund for the implementation and administration of the~~	14450
~~dentist loan repayment program under sections 3702.85 and 3702.91~~	14451
~~of the Revised Code.~~	14452

Sec. 3703.01. (A) Except as otherwise provided in this	14453
section, the division of industrial compliance in the department	14454
of commerce shall do all of the following:	14455

(1) Inspect all nonresidential buildings within the meaning	14456
of section 3781.06 of the Revised Code;	14457

(2) Condemn all unsanitary or defective plumbing that is	14458
found in connection with those places;	14459

(3) Order changes in plumbing necessary to insure the safety	14460
of the public health.	14461

(B)(1)(a) The division of industrial compliance, boards of	14462
health of city and general health districts, and county building	14463
departments shall not inspect plumbing or collect fees for	14464
inspecting plumbing in particular types of buildings in any	14465
municipal corporation that is certified by the board of building	14466
standards under section 3781.10 of the Revised Code to exercise	14467
enforcement authority for plumbing in those types of buildings.	14468

(b) The division shall not inspect plumbing or collect fees	14469
for inspecting plumbing in particular types of buildings in any	14470
health district that employs one or more plumbing inspectors	14471
certified pursuant to division (D) of this section to enforce	14472
Chapters 3781. and 3791. of the Revised Code and the rules adopted	14473
pursuant to those chapters relating to plumbing in those types of	14474
buildings.	14475

(c) The division shall not inspect plumbing or collect fees	14476
for inspecting plumbing in particular types of buildings in any	14477
health district where the county building department is	14478
authorized to inspect those types of buildings pursuant to a	14479
contract described in division (C)(1) of this section.	14480

(d) The division shall not inspect plumbing or collect fees	14481
for inspecting plumbing in particular types of buildings in any	14482
health district where the board of health has entered into a	14483
contract with the board of health of another district to conduct	14484
inspections pursuant to division (C)(2) of this section.	14485

(2) No county building department shall inspect plumbing or	14486
collect fees for inspecting plumbing in any type of building in a	14487
health district unless the department is authorized to inspect	14488
that type of building pursuant to a contract described in division	14489
(C)(1) of this section.	14490

(3) No municipal corporation shall inspect plumbing or	14491
collect fees for inspecting plumbing in types of buildings for	14492
which it is not certified by the board of building standards	14493
under section 3781.10 of the Revised Code to exercise enforcement	14494
authority.	14495

(4) No board of health of a health district shall inspect	14496
plumbing or collect fees for inspecting plumbing in types of	14497
buildings for which it does not have a plumbing inspector	14498
certified pursuant to division (D) of this section.	14499

(C)(1) The board of health of a health district may enter	14500
into a contract with a board of county commissioners to authorize	14501
the county building department to inspect plumbing in buildings	14502
within the health district. The contract may designate that the	14503
department inspect either residential or nonresidential buildings,	14504
as those terms are defined in section 3781.06 of the Revised Code,	14505
or both types of buildings, so long as the department employs or	14506
contracts with a plumbing inspector certified pursuant to	14507
division (D) of this section to inspect the types of buildings	14508
the contract designates. The board of health may enter into a	14509
contract regardless of whether the health district employs any	14510
certified plumbing inspectors to enforce Chapters 3781. and	14511
3791. of the Revised Code.	14512

(2) The board of health of a health district, regardless of	14513
whether it employs any certified plumbing inspectors to enforce	14514
Chapters 3781. and 3791. of the Revised Code, may enter into a	14515
contract with the board of health of another health district to	14516
authorize that board to inspect plumbing in buildings within the	14517
contracting board's district. The contract may designate the	14518
inspection of either residential or nonresidential buildings as	14519
defined in section 3781.06 of the Revised Code, or both types of	14520
buildings, so long as the board that performs the inspections	14521
employs a plumbing inspector certified pursuant to division (D) of	14522
this section to inspect the types of buildings the contract	14523
designates.	14524

(D) The superintendent of industrial compliance shall adopt	14525
rules prescribing minimum qualifications based on education,	14526
training, experience, or demonstrated ability, that the	14527
superintendent shall use in certifying or recertifying plumbing	14528
inspectors to do plumbing inspections for health districts and	14529
county building departments that are authorized to perform	14530
inspections pursuant to a contract under division (C)(1) of this	14531
section, and for continuing education of plumbing inspectors.	14532
Those minimum qualifications shall be related to the types of	14533
buildings for which a person seeks certification.	14534

(E) The superintendent may enter into reciprocal	14535
registration, licensure, or certification agreements with other	14536
states and other agencies of this state relative to plumbing	14537
inspectors if both of the following apply:	14538

(1) The requirements for registration, licensure, or	14539
certification of plumbing inspectors under the laws of the other	14540
state or laws administered by the other agency are substantially	14541
equal to the requirements the superintendent adopts under division	14542
(D) of this section for certifying plumbing inspectors.	14543

(2) The other state or agency extends similar reciprocity to	14544
persons certified under this chapter.	14545

(F) The superintendent may select and contract with one or	14546
more persons to do all of the following regarding examinations for	14547
certification of plumbing inspectors:	14548

(1) Prepare, administer, score, and maintain the	14549
confidentiality of the examination;	14550

(2) Maintain responsibility for all expenses required to	14551
comply with division (F)(1) of this section;	14552

(3) Charge each applicant a fee for administering the	14553
examination in an amount the superintendent authorizes;	14554

(4) Design the examination for certification of plumbing	14555
inspectors to determine an applicant's competence to inspect	14556
plumbing.	14557

(G) Standards and methods prescribed in local plumbing	14558
regulations shall not be less than those prescribed in Chapters	14559
3781. and 3791. of the Revised Code and the rules adopted pursuant	14560
to those chapters.	14561

(H) Notwithstanding any other provision of this section, the	14562
division shall make a plumbing inspection of any building or	14563
other place that there is reason to believe is in a condition to	14564
be a menace to the public health.	14565

Sec. 3734.821. ~~Beginning on the effective date of this~~	14566
~~section~~Beginning on the effective date of this amendment and	14567
ending on June 30, 2011, at least sixty-five per cent of the	14568
moneys collected under division (A)(2) of section 3734.901 of the	14569
Revised Code and deposited in the state treasury to the credit of	14570
the scrap tire management fund created in section 3734.82 of the	14571
Revised Code shall be expended for clean-up and removal activities	14572
at the ~~Kirby~~Goss tire site in ~~Wyandot~~Muskingum county or other	14573
tire sites in the state.	14574

Sec. 3735.67. (A) The owner of real property located in a	14575
community reinvestment area and eligible for exemption from	14576
taxation under a resolution adopted pursuant to section 3735.66 of	14577
the Revised Code may file an application for an exemption from	14578
real property taxation of a percentage of the assessed valuation	14579
of a new structure or remodeling, completed after the effective	14580
date of the resolution adopted pursuant to section 3735.66 of the	14581
Revised Code, with the housing officer designated pursuant to	14582
section 3735.66 of the Revised Code for the community reinvestment	14583
area in which the property is located. If any part of the new	14584
structure or remodeling that would be exempted is of real property	14585
to be used for commercial or industrial purposes, the legislative	14586
authority and the owner of the property shall enter into a written	14587
agreement pursuant to section 3735.671 of the Revised Code prior	14588
to commencement of construction or remodeling; if such an	14589
agreement is subject to approval by the board of education of the	14590
school district within the territory of which the property is or	14591
will be located, the agreement shall not be formally approved by	14592
the legislative authority until the board of education approves	14593
the agreement in the manner prescribed by that section.	14594

(B) The housing officer shall verify the construction of the	14595
new structure or the cost of the remodeling and the facts asserted	14596
in the application. The housing officer shall determine whether	14597
the construction or the cost of the remodeling meets the	14598
requirements for an exemption under this section. In cases	14599
involving a structure of historical or architectural significance,	14600
the housing officer shall not determine whether the remodeling	14601
meets the requirements for a tax exemption unless the	14602
appropriateness of the remodeling has been certified, in writing,	14603
by the society, association, agency, or legislative authority that	14604
has designated the structure or by any organization or person	14605
authorized, in writing, by such society, association, agency, or	14606
legislative authority to certify the appropriateness of the	14607
remodeling.	14608

(C) If the construction or remodeling meets the requirements	14609
for exemption, the housing officer shall forward the application	14610
to the county auditor with a certification as to the division of	14611
this section under which the exemption is granted, and the period	14612
and percentage of the exemption as determined by the legislative	14613
authority pursuant to that division. If the construction or	14614
remodeling is of commercial or industrial property and the	14615
legislative authority is not required to certify a copy of a	14616
resolution under section 3735.671 of the Revised Code, the housing	14617
officer shall comply with the notice requirements prescribed under	14618
section 5709.83 of the Revised Code, unless the board has adopted	14619
a resolution under that section waiving its right to receive such	14620
a notice.	14621

(D) Except as provided in division (F) of this section, the	14622
tax exemption shall first apply in the year the construction or	14623
remodeling would first be taxable but for this section. In the	14624
case of remodeling that qualifies for exemption, a percentage, not	14625
to exceed one hundred per cent, of the amount by which the	14626
remodeling increased the assessed value of the structure shall be	14627
exempted from real property taxation. In the case of construction	14628
of a structure that qualifies for exemption, a percentage, not to	14629
exceed one hundred per cent, of the assessed value of the	14630
structure shall be exempted from real property taxation. In either	14631
case, the percentage shall be the percentage set forth in the	14632
agreement if the structure or remodeling is to be used for	14633
commercial or industrial purposes, or the percentage set forth in	14634
the resolution describing the community reinvestment area if the	14635
structure or remodeling is to be used for residential purposes.	14636

The construction of new structures and the remodeling of	14637
existing structures are hereby declared to be a public purpose for	14638
which exemptions from real property taxation may be granted for	14639
the following periods:	14640

(1) For every dwelling containing not more than two family	14641
units located within the same community reinvestment area and upon	14642
which the cost of remodeling is at least two thousand five hundred	14643
dollars, a period to be determined by the legislative authority	14644
adopting the resolution describing the community reinvestment area	14645
where the dwelling is located, but not exceeding ten years unless	14646
extended pursuant to division (D)(3) of this section;	14647

(2) For every dwelling containing more than two units and	14648
commercial or industrial properties, located within the same	14649
community reinvestment area, upon which the cost of remodeling is	14650
at least five thousand dollars, a period to be determined by the	14651
legislative authority adopting the resolution, but not exceeding	14652
twelve years unless extended pursuant to division (D)(3) of this	14653
section;	14654

(3) The period of exemption for a dwelling described in	14655
division (D)(1) or (2) of this section may be extended by a	14656
legislative authority for up to an additional ten years if the	14657
dwelling is a structure of historical or architectural	14658
significance, is a certified historic structure that has been	14659
subject to federal tax treatment under 26 U.S.C. 47 and 170(h),	14660
and units within the structure have been leased to individual	14661
tenants for five consecutive years;	14662

(4) Except as provided in division (F) of this section, for	14663
construction of every dwelling, and commercial or industrial	14664
structure located within the same community reinvestment area, a	14665
period to be determined by the legislative authority adopting the	14666
resolution, but not exceeding fifteen years.	14667

(E) Any person, board, or officer authorized by section	14668
5715.19 of the Revised Code to file complaints with the county	14669
board of revision may file a complaint with the housing officer	14670
challenging the continued exemption of any property granted an	14671
exemption under this section. A complaint against exemption shall	14672
be filed prior to the thirty-first day of December of the tax year	14673
for which taxation of the property is requested. The housing	14674
officer shall determine whether the property continues to meet the	14675
requirements for exemption and shall certify the housing officer's	14676
findings to the complainant. If the housing officer determines	14677
that the property does not meet the requirements for exemption,	14678
the housing officer shall notify the county auditor, who shall	14679
correct the tax list and duplicate accordingly.	14680

(F) The owner of a dwelling constructed in a community	14681
reinvestment area may file an application for an exemption after	14682
the year the construction first became subject to taxation. The	14683
application shall be processed in accordance with the procedures	14684
prescribed under this section and shall be granted if the	14685
construction that is the subject of the application otherwise	14686
meets the requirements for an exemption under this section. If	14687
approved, the exemption sought in the application first applies in	14688
the year the application is filed. An exemption approved pursuant	14689
to this division continues only for those years remaining in the	14690
period described in division (D)~~(3)~~(4) of this section. No	14691
exemption may be claimed for any year in that period that precedes	14692
the year in which the application is filed.	14693

Sec. 3743.02. (A) Any person who wishes to manufacture	14694
fireworks in this state shall submit to the fire marshal an	14695
application for licensure as a manufacturer of fireworks before	14696
the first day of October of each year. The application shall be	14697
submitted prior to the operation of a fireworks plant, shall be on	14698
a form prescribed by the fire marshal, shall contain all	14699
information required by this section or requested by the fire	14700
marshal, and shall be accompanied by the license fee,	14701
fingerprints, and proof of insurance coverage described in	14702
division (B) of this section.	14703

The fire marshal shall prescribe a form for applications for	14704
licensure as a manufacturer of fireworks and make a copy of the	14705
form available, upon request, to persons who seek that licensure.	14706

(B) An applicant for licensure as a manufacturer of fireworks	14707
shall submit with the application all of the following:	14708

(1) A license fee of two thousand seven hundred fifty	14709
dollars, which the fire marshal shall use to pay for fireworks	14710
safety education, training programs, and inspections. If the	14711
applicant has any storage locations approved in accordance with	14712
division (I) of section 3743.04 of the Revised Code, the applicant	14713
also shall submit a fee of one hundred dollars per storage	14714
location for the inspection of each storage location.	14715

(2) Proof of comprehensive general liability insurance	14716
coverage, specifically including fire and smoke casualty on	14717
premises and products, in an amount not less than one million	14718
dollars for each occurrence for bodily injury liability and	14719
wrongful death liability at the fireworks plant. All applicants	14720
shall submit evidence of comprehensive general liability insurance	14721
coverage verified by the insurer and certified as to its provision	14722
of the minimum coverage required under this division.	14723

(3) One ~~complete~~ set of the applicant's fingerprints or	14724
similar identifying information and a ~~complete~~ set of fingerprints	14725
or similar identifying information of any individual holding,	14726
owning, or controlling a five per cent or greater beneficial or	14727
equity interest in the applicant for the license. The fire marshal	14728
may adopt rules in accordance with Chapter 119. of the Revised	14729
Code specifying the method to be used by the applicant to provide	14730
the fingerprint or similar identifying information, fees to be	14731
assessed by the fire marshal to conduct such background checks,	14732
and the procedures to be used by the fire marshal to verify	14733
compliance with this section. Such rules may include provisions	14734
establishing the frequency that license renewal applicants must	14735
update background check information filed by the applicant with	14736
previous license applications and provisions describing	14737
alternative forms of background check information that may be	14738
accepted by the fire marshal to verify compliance with this	14739
section.	14740

(C) A separate application for licensure as a manufacturer of	14741
fireworks shall be submitted for each fireworks plant that a	14742
person wishes to operate in this state.	14743

(D) If an applicant intends to include the processing of	14744
fireworks as any part of its proposed manufacturing of fireworks,	14745
a statement indicating that intent shall be included in its	14746
application for licensure.	14747

Sec. 3743.04. (A) The license of a manufacturer of fireworks	14748
is effective for one year beginning on the first day of December.	14749
The fire marshal shall issue or renew a license only on that date	14750
and at no other time. If a manufacturer of fireworks wishes to	14751
continue manufacturing fireworks at the designated fireworks plant	14752
after its then effective license expires, it shall apply no later	14753
than the first day of October for a new license pursuant to	14754
section 3743.02 of the Revised Code. The fire marshal shall send a	14755
written notice of the expiration of its license to a licensed	14756
manufacturer at least three months before the expiration date.	14757

(B) If, during the effective period of its licensure, a	14758
licensed manufacturer of fireworks wishes to construct, locate, or	14759
relocate any buildings or other structures on the premises of its	14760
fireworks plant, to make any structural change or renovation in	14761
any building or other structure on the premises of its fireworks	14762
plant, or to change the nature of its manufacturing of fireworks	14763
so as to include the processing of fireworks, the manufacturer	14764
shall notify the fire marshal in writing. The fire marshal may	14765
require a licensed manufacturer also to submit documentation,	14766
including, but not limited to, plans covering the proposed	14767
construction, location, relocation, structural change or	14768
renovation, or change in manufacturing of fireworks, if the fire	14769
marshal determines the documentation is necessary for evaluation	14770
purposes in light of the proposed construction, location,	14771
relocation, structural change or renovation, or change in	14772
manufacturing of fireworks.	14773

Upon receipt of the notification and additional documentation	14774
required by the fire marshal, the fire marshal shall inspect the	14775
premises of the fireworks plant to determine if the proposed	14776
construction, location, relocation, structural change or	14777
renovation, or change in manufacturing of fireworks conforms to	14778
sections 3743.02 to 3743.08 of the Revised Code and the rules	14779
adopted by the fire marshal pursuant to section 3743.05 of the	14780
Revised Code. The fire marshal shall issue a written authorization	14781
to the manufacturer for the construction, location, relocation,	14782
structural change or renovation, or change in manufacturing of	14783
fireworks if the fire marshal determines, upon the inspection and	14784
a review of submitted documentation, that the construction,	14785
location, relocation, structural change or renovation, or change	14786
in manufacturing of fireworks conforms to those sections and	14787
rules. Upon authorizing a change in manufacturing of fireworks to	14788
include the processing of fireworks, the fire marshal shall make	14789
notations on the manufacturer's license and in the list of	14790
licensed manufacturers in accordance with section 3743.03 of the	14791
Revised Code.	14792

On or before June 1, 1998, a licensed manufacturer shall	14793
install, in every licensed building in which fireworks are	14794
manufactured, stored, or displayed and to which the public has	14795
access, interlinked fire detection, smoke exhaust, and smoke	14796
evacuation systems that are approved by the superintendent of the	14797
division of industrial compliance, and shall comply with floor	14798
plans showing occupancy load limits and internal circulation and	14799
egress patterns that are approved by the fire marshal and	14800
superintendent, and that are submitted under seal as required by	14801
section 3791.04 of the Revised Code. Notwithstanding section	14802
3743.59 of the Revised Code, the construction and safety	14803
requirements established in this division are not subject to any	14804
variance, waiver, or exclusion.	14805

(C) The license of a manufacturer of fireworks authorizes the	14806
manufacturer to engage only in the following activities:	14807

(1) The manufacturing of fireworks on the premises of the	14808
fireworks plant as described in the application for licensure or	14809
in the notification submitted under division (B) of this section,	14810
except that a licensed manufacturer shall not engage in the	14811
processing of fireworks unless authorized to do so by its license.	14812

(2) To possess for sale at wholesale and sell at wholesale	14813
the fireworks manufactured by the manufacturer, to persons who are	14814
licensed wholesalers of fireworks, to out-of-state residents in	14815
accordance with section 3743.44 of the Revised Code, to residents	14816
of this state in accordance with section 3743.45 of the Revised	14817
Code, or to persons located in another state provided the	14818
fireworks are shipped directly out of this state to them by the	14819
manufacturer. A person who is licensed as a manufacturer of	14820
fireworks on June 14, 1988, also may possess for sale and sell	14821
pursuant to division (C)(2) of this section fireworks other than	14822
those the person manufactures. The possession for sale shall be on	14823
the premises of the fireworks plant described in the application	14824
for licensure or in the notification submitted under division (B)	14825
of this section, and the sale shall be from the inside of a	14826
licensed building and from no other structure or device outside a	14827
licensed building. At no time shall a licensed manufacturer sell	14828
any class of fireworks outside a licensed building.	14829

(3) Possess for sale at retail and sell at retail the	14830
fireworks manufactured by the manufacturer, other than 1.4G	14831
fireworks as designated by the fire marshal in rules adopted	14832
pursuant to division (A) of section 3743.05 of the Revised Code,	14833
to licensed exhibitors in accordance with sections 3743.50 to	14834
3743.55 of the Revised Code, and possess for sale at retail and	14835
sell at retail the fireworks manufactured by the manufacturer,	14836
including 1.4G fireworks, to out-of-state residents in accordance	14837
with section 3743.44 of the Revised Code, to residents of this	14838
state in accordance with section 3743.45 of the Revised Code, or	14839
to persons located in another state provided the fireworks are	14840
shipped directly out of this state to them by the manufacturer. A	14841
person who is licensed as a manufacturer of fireworks on June 14,	14842
1988, may also possess for sale and sell pursuant to division	14843
(C)(3) of this section fireworks other than those the person	14844
manufactures. The possession for sale shall be on the premises of	14845
the fireworks plant described in the application for licensure or	14846
in the notification submitted under division (B) of this section,	14847
and the sale shall be from the inside of a licensed building and	14848
from no other structure or device outside a licensed building. At	14849
no time shall a licensed manufacturer sell any class of fireworks	14850
outside a licensed building.	14851

A licensed manufacturer of fireworks shall sell under	14852
division (C) of this section only fireworks that meet the	14853
standards set by the consumer product safety commission or by the	14854
American fireworks standard laboratories or that have received an	14855
EX number from the United States department of transportation.	14856

(D) The license of a manufacturer of fireworks shall be	14857
protected under glass and posted in a conspicuous place on the	14858
premises of the fireworks plant. Except as otherwise provided in	14859
this division, the license is not transferable or assignable. A	14860
license may be transferred to another person for the same	14861
fireworks plant for which the license was issued if the assets of	14862
the plant are transferred to that person by inheritance or by a	14863
sale approved by the fire marshal. The license is subject to	14864
revocation in accordance with section 3743.08 of the Revised Code.	14865

(E) The fire marshal shall not place the license of a	14866
manufacturer of fireworks in a temporarily inactive status while	14867
the holder of the license is attempting to qualify to retain the	14868
license.	14869

(F) Each licensed manufacturer of fireworks that possesses	14870
fireworks for sale and sells fireworks under division (C) of	14871
section 3743.04 of the Revised Code, or a designee of the	14872
manufacturer, whose identity is provided to the fire marshal by	14873
the manufacturer, annually shall attend a continuing education	14874
program ~~consisting of not less than eight hours of instruction~~.	14875
The fire marshal shall develop the program and the fire marshal or	14876
a person or public agency approved by the fire marshal shall	14877
conduct it. A licensed manufacturer or the manufacturer's designee	14878
who attends a program as required under this division, within one	14879
year after attending the program, shall conduct in-service	14880
training as approved by the fire marshal for other employees of	14881
the licensed manufacturer regarding the information obtained in	14882
the program. A licensed manufacturer shall provide the fire	14883
marshal with notice of the date, time, and place of all in-service	14884
training ~~not less than thirty days prior to an in-service training~~	14885
~~event~~. For any program conducted under this division, the fire	14886
marshal shall, in accordance with rules adopted by the fire	14887
marshal under Chapter 119. of the Revised Code, establish the	14888
subjects to be taught, the length of classes, the standards for	14889
approval, and time periods for notification by the licensee to the	14890
state fire marshal of any in-service training.	14891

(G) A licensed manufacturer shall maintain comprehensive	14892
general liability insurance coverage in the amount and type	14893
specified under division (B)(2) of section 3743.02 of the Revised	14894
Code at all times. Each policy of insurance required under this	14895
division shall contain a provision requiring the insurer to give	14896
not less than fifteen days' prior written notice to the fire	14897
marshal before termination, lapse, or cancellation of the policy,	14898
or any change in the policy that reduces the coverage below the	14899
minimum required under this division. Prior to canceling or	14900
reducing the amount of coverage of any comprehensive general	14901
liability insurance coverage required under this division, a	14902
licensed manufacturer shall secure supplemental insurance in an	14903
amount and type that satisfies the requirements of this division	14904
so that no lapse in coverage occurs at any time. A licensed	14905
manufacturer who secures supplemental insurance shall file	14906
evidence of the supplemental insurance with the fire marshal prior	14907
to canceling or reducing the amount of coverage of any	14908
comprehensive general liability insurance coverage required under	14909
this division.	14910

(H) The fire marshal shall adopt rules for the expansion or	14911
contraction of a licensed premises and for approval of such	14912
expansions or contractions. The boundaries of a licensed premises,	14913
including any geographic expansion or contraction of those	14914
boundaries, shall be approved by the fire marshal in accordance	14915
with rules the fire marshal adopts. If the licensed premises	14916
consists of more than one parcel of real estate, those parcels	14917
shall be contiguous unless an exception is allowed pursuant to	14918
division (I) of this section.	14919

(I)(1) A licensed manufacturer may expand its licensed	14920
premises within this state to include not more than two storage	14921
locations that are located upon one or more real estate parcels	14922
that are noncontiguous to the licensed premises as that licensed	14923
premises exists on the date a licensee submits an application as	14924
described below, if all of the following apply:	14925

(a) The licensee submits an application to the fire marshal	14926
and an application fee of one hundred dollars per storage location	14927
for which the licensee is requesting approval.	14928

(b) The identity of the holder of the license remains the	14929
same at the storage location.	14930

(c) The storage location has received a valid certificate of	14931
zoning compliance as applicable and a valid certificate of	14932
occupancy for each building or structure at the storage location	14933
issued by the authority having jurisdiction to issue the	14934
certificate for the storage location, and those certificates	14935
permit the distribution and storage of fireworks regulated under	14936
this chapter at the storage location and in the buildings or	14937
structures. The storage location shall be in compliance with all	14938
other applicable federal, state, and local laws and regulations.	14939

(d) Every building or structure located upon the storage	14940
location is separated from occupied residential and nonresidential	14941
buildings or structures, railroads, highways, or any other	14942
buildings or structures on the licensed premises in accordance	14943
with the distances specified in the rules adopted by the fire	14944
marshal pursuant to section 3743.05 of the Revised Code.	14945

(e) Neither the licensee nor any person holding, owning, or	14946
controlling a five per cent or greater beneficial or equity	14947
interest in the licensee has been convicted of or pleaded guilty	14948
to a felony under the laws of this state, any other state, or the	14949
United States, after ~~the effective date of this amendment~~	14950
September 29, 2005.	14951

(f) The fire marshal approves the application for expansion.

14952

(2) The fire marshal shall approve an application for	14953
expansion requested under division (I)(1) of this section if the	14954
fire marshal receives the application fee and proof that the	14955
requirements of divisions (I)(1)(b) to (e) of this section are	14956
satisfied. The storage location shall be considered part of the	14957
original licensed premises and shall use the same distinct number	14958
assigned to the original licensed premises with any additional	14959
designations as the fire marshal deems necessary in accordance	14960
with section 3743.03 of the Revised Code.	14961

(J)(1) A licensee who obtains approval for the use of a	14962
storage location in accordance with division (I) of this section	14963
shall use the storage location exclusively for the following	14964
activities, in accordance with division (C) of this section:	14965

(a) The packaging, assembling, or storing of fireworks, which	14966
shall only occur in buildings,or structures~~, or trailers~~ approved	14967
for such hazardous uses by the building code official having	14968
jurisdiction for the storage location ~~and~~or, for 1.4G fireworks,	14969
in containers or trailers approved for such hazardous uses by the	14970
fire marshal if such containers or trailers are not subject to	14971
regulation by the building code adopted in accordance with Chapter	14972
3781. of the Revised Code. All such storage shall be in accordance	14973
with the rules adopted by the fire marshal under division (G) of	14974
section 3743.05 of the Revised Code for the packaging, assembling,	14975
and storage of fireworks.	14976

(b) Distributing fireworks to other parcels of real estate	14977
located on the manufacturer's licensed premises, to licensed	14978
wholesalers or other licensed manufacturers in this state or to	14979
similarly licensed persons located in another state or country;	14980

(c) Distributing fireworks to a licensed exhibitor of	14981
fireworks pursuant to a properly issued permit in accordance with	14982
section 3743.54 of the Revised Code.	14983

(2) A licensed manufacturer shall not engage in any sales	14984
activity, including the retail sale of fireworks otherwise	14985
permitted under division (C)(2) or (C)(3) of this section, or	14986
pursuant to section 3743.44 or 3743.45 of the Revised Code, at the	14987
storage location approved under this section.	14988

(3) A storage location may not be relocated for a minimum	14989
period of five years after the storage location is approved by the	14990
fire marshal in accordance with division (I) of this section.	14991

(K) The licensee shall prohibit public access to the storage	14992
location. The fire marshal shall adopt rules to describe the	14993
acceptable measures a manufacturer shall use to prohibit access to	14994
the storage site.	14995

Sec. 3743.15. (A) Except as provided in division (C) of this	14996
section, any person who wishes to be a wholesaler of fireworks in	14997
this state shall submit to the fire marshal an application for	14998
licensure as a wholesaler of fireworks before the first day of	14999
October of each year. The application shall be submitted prior to	15000
commencement of business operations, shall be on a form prescribed	15001
by the fire marshal, shall contain all information requested by	15002
the fire marshal, and shall be accompanied by the license fee,	15003
fingerprints, and proof of insurance coverage described in	15004
division (B) of this section.	15005

The fire marshal shall prescribe a form for applications for	15006
licensure as a wholesaler of fireworks and make a copy of the form	15007
available, upon request, to persons who seek that licensure.	15008

(B) An applicant for licensure as a wholesaler of fireworks	15009
shall submit with the application all of the following:	15010

(1) A license fee of two thousand seven hundred fifty	15011
dollars, which the fire marshal shall use to pay for fireworks	15012
safety education, training programs, and inspections. If the	15013
applicant has any storage locations approved in accordance with	15014
division (G) of section 3743.17 of the Revised Code, the applicant	15015
also shall submit a fee of one hundred dollars per storage	15016
location for the inspection of each storage location.	15017

(2) Proof of comprehensive general liability insurance	15018
coverage, specifically including fire and smoke casualty on	15019
premises, in an amount not less than one million dollars for each	15020
occurrence for bodily injury liability and wrongful death	15021
liability at its business location. Proof of such insurance	15022
coverage shall be submitted together with proof of coverage for	15023
products liability on all inventory located at the business	15024
location. All applicants shall submit evidence of comprehensive	15025
general liability insurance coverage verified by the insurer and	15026
certified as to its provision of the minimum coverage required	15027
under this division.	15028

(3) One ~~complete~~ set of the applicant's fingerprints or	15029
similar identifying information and a ~~complete~~ set of fingerprints	15030
or similar identifying information of any individual holding,	15031
owning, or controlling a five per cent or greater beneficial or	15032
equity interest in the applicant for the license. The fire marshal	15033
may adopt rules in accordance with Chapter 119. of the Revised	15034
Code specifying the method to be used by the applicant to provide	15035
the fingerprint or similar identifying information, fees to be	15036
assessed by the fire marshal to conduct such background checks,	15037
and the procedures to be used by the fire marshal to verify	15038
compliance with this section. Such rules may include provisions	15039
establishing the frequency that license renewal applicants must	15040
update background check information filed by the applicant with	15041
previous license applications and provisions describing	15042
alternative forms of background check information that may be	15043
accepted by the fire marshal to verify compliance with this	15044
section.	15045

(C) A licensed manufacturer of fireworks is not required to	15046
apply for and obtain a wholesaler of fireworks license in order to	15047
engage in the wholesale sale of fireworks as authorized by	15048
division (C)(2) of section 3743.04 of the Revised Code. A business	15049
which is not a licensed manufacturer of fireworks may engage in	15050
the wholesale and retail sale of fireworks in the same manner as a	15051
licensed manufacturer of fireworks is authorized to do under this	15052
chapter without the necessity of applying for and obtaining a	15053
license pursuant to this section, but only if the business sells	15054
the fireworks on the premises of a fireworks plant covered by a	15055
license issued under section 3743.03 of the Revised Code and the	15056
holder of that license owns at least a majority interest in that	15057
business. However, if a licensed manufacturer of fireworks wishes	15058
to engage in the wholesale sale of fireworks in this state at a	15059
location other than the premises of the fireworks plant described	15060
in its application for licensure as a manufacturer or in a	15061
notification submitted under division (B) of section 3743.04 of	15062
the Revised Code, the manufacturer shall first apply for and	15063
obtain a wholesaler of fireworks license before engaging in	15064
wholesale sales of fireworks at the other location.	15065

(D) A separate application for licensure as a wholesaler of	15066
fireworks shall be submitted for each location at which a person	15067
wishes to engage in wholesale sales of fireworks.	15068

Sec. 3743.17. (A) The license of a wholesaler of fireworks	15069
is effective for one year beginning on the first day of December.	15070
The fire marshal shall issue or renew a license only on that date	15071
and at no other time. If a wholesaler of fireworks wishes to	15072
continue engaging in the wholesale sale of fireworks at the	15073
particular location after its then effective license expires, it	15074
shall apply not later than the first day of October for a new	15075
license pursuant to section 3743.15 of the Revised Code. The fire	15076
marshal shall send a written notice of the expiration of its	15077
license to a licensed wholesaler at least three months before the	15078
expiration date.	15079

(B) If, during the effective period of its licensure, a	15080
licensed wholesaler of fireworks wishes to perform any	15081
construction, or make any structural change or renovation, on the	15082
premises on which the fireworks are sold, the wholesaler shall	15083
notify the fire marshal in writing. The fire marshal may require a	15084
licensed wholesaler also to submit documentation, including, but	15085
not limited to, plans covering the proposed construction or	15086
structural change or renovation, if the fire marshal determines	15087
the documentation is necessary for evaluation purposes in light of	15088
the proposed construction or structural change or renovation.	15089

Upon receipt of the notification and additional documentation	15090
required by the fire marshal, the fire marshal shall inspect the	15091
premises on which the fireworks are sold to determine if the	15092
proposed construction or structural change or renovation conforms	15093
to sections 3743.15 to 3743.21 of the Revised Code and the rules	15094
adopted by the fire marshal pursuant to section 3743.18 of the	15095
Revised Code. The fire marshal shall issue a written authorization	15096
to the wholesaler for the construction or structural change or	15097
renovation if the fire marshal determines, upon the inspection and	15098
a review of submitted documentation, that the construction or	15099
structural change or renovation conforms to those sections and	15100
rules.	15101

(C) The license of a wholesaler of fireworks authorizes the	15102
wholesaler to engage only in the following activities:	15103

(1) Possess for sale at wholesale and sell at wholesale	15104
fireworks to persons who are licensed wholesalers of fireworks, to	15105
out-of-state residents in accordance with section 3743.44 of the	15106
Revised Code, to residents of this state in accordance with	15107
section 3743.45 of the Revised Code, or to persons located in	15108
another state provided the fireworks are shipped directly out of	15109
this state to them by the wholesaler. The possession for sale	15110
shall be at the location described in the application for	15111
licensure or in the notification submitted under division (B) of	15112
this section, and the sale shall be from the inside of a licensed	15113
building and from no structure or device outside a licensed	15114
building. At no time shall a licensed wholesaler sell any class of	15115
fireworks outside a licensed building.	15116

(2) Possess for sale at retail and sell at retail fireworks,	15117
other than 1.4G fireworks as designated by the fire marshal in	15118
rules adopted pursuant to division (A) of section 3743.05 of the	15119
Revised Code, to licensed exhibitors in accordance with sections	15120
3743.50 to 3743.55 of the Revised Code, and possess for sale at	15121
retail and sell at retail fireworks, including 1.4G fireworks, to	15122
out-of-state residents in accordance with section 3743.44 of the	15123
Revised Code, to residents of this state in accordance with	15124
section 3743.45 of the Revised Code, or to persons located in	15125
another state provided the fireworks are shipped directly out of	15126
this state to them by the wholesaler. The possession for sale	15127
shall be at the location described in the application for	15128
licensure or in the notification submitted under division (B) of	15129
this section, and the sale shall be from the inside of the	15130
licensed building and from no other structure or device outside	15131
this licensed building. At no time shall a licensed wholesaler	15132
sell any class of fireworks outside a licensed building.	15133

A licensed wholesaler of fireworks shall sell under division	15134
(C) of this section only fireworks that meet the standards set by	15135
the consumer product safety commission or by the American	15136
fireworks standard laboratories or that have received an EX number	15137
from the United States department of transportation.	15138

(D) The license of a wholesaler of fireworks shall be	15139
protected under glass and posted in a conspicuous place at the	15140
location described in the application for licensure or in the	15141
notification submitted under division (B) of this section. Except	15142
as otherwise provided in this section, the license is not	15143
transferable or assignable. A license may be transferred to	15144
another person for the same location for which the license was	15145
issued if the assets of the wholesaler are transferred to that	15146
person by inheritance or by a sale approved by the fire marshal.	15147
The license is subject to revocation in accordance with section	15148
3743.21 of the Revised Code.	15149

(E) The fire marshal shall adopt rules for the expansion or	15150
contraction of a licensed premises and for the approval of an	15151
expansion or contraction. The boundaries of a licensed premises,	15152
including any geographic expansion or contraction of those	15153
boundaries, shall be approved by the fire marshal in accordance	15154
with rules the fire marshal adopts. If the licensed premises of a	15155
licensed wholesaler from which the wholesaler operates consists of	15156
more than one parcel of real estate, those parcels must be	15157
contiguous, unless an exception is allowed pursuant to division	15158
(G) of this section.	15159

(F)(1) Upon application by a licensed wholesaler of	15160
fireworks, a wholesaler license may be transferred from one	15161
geographic location to another within the same municipal	15162
corporation or within the unincorporated area of the same	15163
township, but only if all of the following apply:	15164

(a) The identity of the holder of the license remains the	15165
same in the new location.	15166

(b) The former location is closed prior to the opening of the	15167
new location and no fireworks business of any kind is conducted at	15168
the former location after the transfer of the license.	15169

(c) The new location has received a local certificate of	15170
zoning compliance and a local certificate of occupancy, and	15171
otherwise is in compliance with all local building regulations.	15172

(d) ~~The transfer of the license is requested by the licensee~~	15173
~~because the existing facility poses an immediate hazard to the~~	15174
~~public.~~	15175

~~(e)~~ Every building or structure at the new location is	15176
separated from occupied residential and nonresidential buildings	15177
or structures, railroads, highways, or any other buildings or	15178
structures located on the licensed premises in accordance with the	15179
distances specified in the rules adopted by the fire marshal	15180
pursuant to section 3743.18 of the Revised Code. If the licensee	15181
fails to comply with the requirements of division (F)(1)~~(e)~~(d) of	15182
this section by the licensee's own act, the license at the new	15183
location is forfeited.	15184

~~(f)~~(e) Neither the licensee nor any person holding, owning,	15185
or controlling a five per cent or greater beneficial or equity	15186
interest in the licensee has been convicted of or has pleaded	15187
guilty to a felony under the laws of this state, any other state,	15188
or the United States after June 30, 1997.	15189

~~(g)~~(f) The fire marshal approves the request for the	15190
transfer.	15191

(2) The new location shall comply with the requirements	15192
specified in divisions ~~(A)~~(C)(1) and (2) of section 3743.25 of the	15193
Revised Code whether or not the fireworks showroom at the new	15194
location is constructed, expanded, or first begins operating on	15195
and after June 30, 1997.	15196

(G)(1) A licensed wholesaler may expand its licensed premises	15197
within this state to include not more than two storage locations	15198
that are located upon one or more real estate parcels that are	15199
noncontiguous to the licensed premises as that licensed premises	15200
exists on the date a licensee submits an application as described	15201
below, if all of the following apply:	15202

(a) The licensee submits an application to the fire marshal	15203
requesting the expansion and an application fee of one hundred	15204
dollars per storage location for which the licensee is requesting	15205
approval.	15206

(b) The identity of the holder of the license remains the	15207
same at the storage location.	15208

(c) The storage location has received a valid certificate of	15209
zoning compliance, as applicable, and a valid certificate of	15210
occupancy for each building or structure at the storage location	15211
issued by the authority having jurisdiction to issue the	15212
certificate for the storage location, and those certificates	15213
permit the distribution and storage of fireworks regulated under	15214
this chapter at the storage location and in the buildings or	15215
structures. The storage location shall be in compliance with all	15216
other applicable federal, state, and local laws and regulations.	15217

(d) Every building or structure located upon the storage	15218
location is separated from occupied residential and nonresidential	15219
buildings or structures, railroads, highways, and any other	15220
buildings or structures on the licensed premises in accordance	15221
with the distances specified in the rules adopted by the fire	15222
marshal pursuant to section 3743.18 of the Revised Code.	15223

(e) Neither the licensee nor any person holding, owning, or	15224
controlling a five per cent or greater beneficial or equity	15225
interest in the licensee has been convicted of or pleaded guilty	15226
to a felony under the laws of this state, any other state, or the	15227
United States, after ~~the effective date of this amendment~~	15228
September 29, 2005.	15229

(f) The fire marshal approves the application for expansion.

15230

(2) The fire marshal shall approve an application for	15231
expansion requested under division (G)(1) of this section if the	15232
fire marshal receives the application fee and proof that the	15233
requirements of divisions (G)(1)(b) to (e) of this section are	15234
satisfied. The storage location shall be considered part of the	15235
original licensed premises and shall use the same distinct number	15236
assigned to the original licensed premises with any additional	15237
designations as the fire marshal deems necessary in accordance	15238
with section 3743.16 of the Revised Code.	15239

(H)(1) A licensee who obtains approval for use of a storage	15240
location in accordance with division (G) of this section shall use	15241
the site exclusively for the following activities, in accordance	15242
with division (C)(1) of this section:	15243

(a) Packaging, assembling, or storing fireworks, which shall	15244
occur only in buildings or structures approved for such hazardous	15245
uses by the building code official having jurisdiction for the	15246
storage location ~~and~~or, for 1.4G fireworks, in containers or	15247
trailers approved for such hazardous uses by the fire marshal if	15248
such containers or trailers are not subject to regulation by the	15249
building code adopted in accordance with Chapter 3781. of the	15250
Revised Code. All such storage shall be in accordance with the	15251
rules adopted by the fire marshal under division (B)(4) of section	15252
3743.18 of the Revised Code for the packaging, assembling, and	15253
storage of fireworks.	15254

(b) Distributing fireworks to other parcels of real estate	15255
located on the wholesaler's licensed premises, to licensed	15256
manufacturers or other licensed wholesalers in this state or to	15257
similarly licensed persons located in another state or country;	15258

(c) Distributing fireworks to a licensed exhibitor of	15259
fireworks pursuant to a properly issued permit in accordance with	15260
section 3743.54 of the Revised Code.	15261

(2) A licensed wholesaler shall not engage in any sales	15262
activity, including the retail sale of fireworks otherwise	15263
permitted under division (C)(2) of this section or pursuant to	15264
section 3743.44 or 3743.45 of the Revised Code, at a storage	15265
location approved under this section.	15266

(3) A storage location may not be relocated for a minimum	15267
period of five years after the storage location is approved by the	15268
fire marshal in accordance with division (G) of this section.	15269

(I) A licensee shall prohibit public access to all storage	15270
locations it uses. The fire marshal shall adopt rules establishing	15271
acceptable measures a wholesaler shall use to prohibit access to	15272
storage sites.	15273

(J) The fire marshal shall not place the license of a	15274
wholesaler of fireworks in temporarily inactive status while the	15275
holder of the license is attempting to qualify to retain the	15276
license.	15277

(K) Each licensed wholesaler of fireworks or a designee of	15278
the wholesaler, whose identity is provided to the fire marshal by	15279
the wholesaler, annually shall attend a continuing education	15280
program ~~consisting of not less than eight hours of instruction~~.	15281
The fire marshal shall develop the program and the fire marshal or	15282
a person or public agency approved by the fire marshal shall	15283
conduct it. A licensed wholesaler or the wholesaler's designee who	15284
attends a program as required under this division, within one year	15285
after attending the program, shall conduct in-service training as	15286
approved by the fire marshal for other employees of the licensed	15287
wholesaler regarding the information obtained in the program. A	15288
licensed wholesaler shall provide the fire marshal with notice of	15289
the date, time, and place of all in-service training ~~not less than~~	15290
~~thirty days prior to an in-service training event~~. For any program	15291
conducted under this division, the fire marshal shall, in	15292
accordance with rules adopted by the fire marshal under Chapter	15293
119. of the Revised Code, establish the subjects to be taught, the	15294
length of classes, the standards for approval, and time periods	15295
for notification by the licensee to the state fire marshal of any	15296
in-service training.	15297

(L) A licensed wholesaler shall maintain comprehensive	15298
general liability insurance coverage in the amount and type	15299
specified under division (B)(2) of section 3743.15 of the Revised	15300
Code at all times. Each policy of insurance required under this	15301
division shall contain a provision requiring the insurer to give	15302
not less than fifteen days' prior written notice to the fire	15303
marshal before termination, lapse, or cancellation of the policy,	15304
or any change in the policy that reduces the coverage below the	15305
minimum required under this division. Prior to canceling or	15306
reducing the amount of coverage of any comprehensive general	15307
liability insurance coverage required under this division, a	15308
licensed wholesaler shall secure supplemental insurance in an	15309
amount and type that satisfies the requirements of this division	15310
so that no lapse in coverage occurs at any time. A licensed	15311
wholesaler who secures supplemental insurance shall file evidence	15312
of the supplemental insurance with the fire marshal prior to	15313
canceling or reducing the amount of coverage of any comprehensive	15314
general liability insurance coverage required under this division.	15315

Sec. 3743.19. In addition to conforming to the rules of the	15316
fire marshal adopted pursuant to section 3743.18 of the Revised	15317
Code, licensed wholesalers of fireworks shall conduct their	15318
business operations in accordance with the following:	15319

(A) A wholesaler shall conduct its business operations from	15320
the location described in its application for licensure or in a	15321
notification submitted under division (B) of section 3743.17 of	15322
the Revised Code.	15323

(B) Signs indicating that smoking is generally forbidden and	15324
trespassing is prohibited on the premises of a wholesaler shall be	15325
posted on the premises as determined by the fire marshal.	15326

(C) Reasonable precautions shall be taken to protect the	15327
premises of a wholesaler from trespass, loss, theft, or	15328
destruction.	15329

(D) Smoking or the carrying of pipes, cigarettes, or cigars,	15330
matches, lighters, other flame-producing items, or open flame on,	15331
or the carrying of a concealed source of ignition into, the	15332
premises of a wholesaler is prohibited, except that a wholesaler	15333
may permit smoking in specified lunchrooms or restrooms in	15334
buildings or other structures in which no sales, handling, or	15335
storage of fireworks takes place. "NO SMOKING" signs shall be	15336
posted on the premises as required by the fire marshal.	15337

(E) Fire and explosion prevention and other reasonable safety	15338
measures and precautions shall be implemented by a wholesaler.	15339

(F) Persons shall not be permitted to have in their	15340
possession or under their control, while they are on the premises	15341
of a wholesaler, any intoxicating liquor, beer, or controlled	15342
substance, and they shall not be permitted to enter or remain on	15343
the premises if they are found to be under the influence of any	15344
intoxicating liquor, beer, or controlled substance.	15345

(G) A wholesaler shall conform to all building, safety, and	15346
zoning statutes, ordinances, rules, or other enactments that apply	15347
to its premises.	15348

(H) Each building used in the sale of fireworks shall be kept	15349
open to the public for at least four hours each day between the	15350
hours of eight a.m. and five p.m., five days of each week, every	15351
week of the year. Upon application from a licensed wholesaler, the	15352
fire marshal may waive any of the requirements of this division.	15353

(I) Awnings, tents, or canopies shall not be used as	15354
facilities for the storage or sale of fireworks. This division	15355
does not prohibit the use of an awning or canopy attached to a	15356
public access showroom for storing nonflammable shopping	15357
convenience items such as shopping carts or baskets or providing a	15358
shaded area for patrons waiting to enter the public sales area.	15359

(J) ~~Fireworks~~1.4G fireworks may be stored in trailers if the	15360
trailers are properly enclosed, secured, and grounded and are	15361
separated from any structure to which the public is admitted by a	15362
distance that will, in the fire marshal's judgment, allow	15363
fire-fighting equipment to have full access to the structures on	15364
the licensed premises. Such trailers may be moved into closer	15365
proximity to any structure only to accept or discharge cargo for a	15366
period not to exceed forty-eight hours. Only two such trailers may	15367
be placed in such closer proximity at any one time. At no time	15368
may trailers be used for conducting sales of any class of	15369
fireworks nor may members of the public have access to the	15370
trailers.	15371

Storage areas for fireworks that are in the same building	15372
where fireworks are displayed and sold to the public shall be	15373
separated from the areas to which the public has access by an	15374
appropriately rated fire wall. If the licensee installs and	15375
properly maintains an early suppression fast response sprinkler	15376
system or equivalent fire suppression system as described in the	15377
fire code adopted by the fire marshal in accordance with section	15378
3737.82 of the Revised Code throughout the structure, a fire	15379
barrier wall may be substituted for a fire wall between the areas	15380
to which the public has access and the storage portions of the	15381
structure.	15382

(K) A fire suppression system as defined in section 3781.108	15383
of the Revised Code may be turned off only for repair, drainage of	15384
the system to prevent damage by freezing during the period of	15385
time, approved by the fire marshal under division (I) of this	15386
section, that the facility is closed to public access during	15387
winter months, or maintenance of the system. If any repair or	15388
maintenance is necessary during times when the facility is open	15389
for public access and business, the licensed wholesaler shall	15390
notify in advance the appropriate insurance company and fire chief	15391
or fire prevention officer regarding the nature of the maintenance	15392
or repair and the time when it will be performed.	15393

(L) If any fireworks item is removed from its original	15394
package or is manufactured with any fuse other than a fuse	15395
approved by the consumer product safety commission, then the item	15396
shall be covered completely by repackaging or bagging or it shall	15397
otherwise be covered so as to prevent ignition prior to sale.	15398

(M) A safety officer shall be present during regular business	15399
hours at a building open to the public during the period	15400
commencing fourteen days before, and ending two days after, each	15401
fourth day of July. The officer shall be highly visible, enforce	15402
this chapter and any applicable building codes to the extent the	15403
officer is authorized by law, and be one of the following:	15404

(1) A deputy sheriff;

15405

(2) A law enforcement officer of a municipal corporation,	15406
township, or township or joint township police district;	15407

(3) A private uniformed security guard registered under	15408
section 4749.06 of the Revised Code.	15409

(N) All doors of all buildings on the licensed premises shall	15410
swing outward.	15411

(O) All wholesale and commercial sales of fireworks shall be	15412
packaged, shipped, placarded, and transported in accordance with	15413
United States department of transportation regulations applicable	15414
to the transportation, and the offering for transportation, of	15415
hazardous materials. For purposes of this division, "wholesale and	15416
commercial sales" includes all sales for resale and any nonretail	15417
sale made in furtherance of a commercial enterprise. For purposes	15418
of enforcement of these regulations under section 4905.83 of the	15419
Revised Code, any sales transaction exceeding one thousand pounds	15420
shall be rebuttably presumed to be a wholesale or commercial sale.	15421

Sec. 3743.25. (A)(1) Except as described in division (A)(2)	15422
of this section, all retail sales of 1.4G fireworks by a licensed	15423
manufacturer or wholesaler shall only occur from an approved	15424
retail sales showroom on a licensed premises or from a	15425
representative sample showroom as described in this section on a	15426
licensed premises. For the purposes of this section, a retail sale	15427
includes the transfer of the possession of the 1.4G fireworks from	15428
the licensed manufacturer or wholesaler to the purchaser of the	15429
fireworks.	15430

(2) Sales of 1.4G fireworks to a licensed exhibitor for a	15431
properly permitted exhibition shall occur in accordance with the	15432
provisions of the Revised Code and rules adopted by the fire	15433
marshal under Chapter 119. of the Revised Code. Such rules shall	15434
specify, at a minimum, that the licensed exhibitor holds a license	15435
under section 3743.51 of the Revised Code, that the exhibitor	15436
possesses a valid exhibition permit issued in accordance with	15437
section 3743.54 of the Revised Code, and that the fireworks	15438
shipped are to be used at the specifically permitted exhibition.	15439

(B) All wholesale sales of fireworks by a licensed	15440
manufacturer or wholesaler shall only occur from a licensed	15441
premises to persons who intend to resell the fireworks purchased	15442
at wholesale. A wholesale sale by a licensed manufacturer or	15443
wholesaler may occur as follows:	15444

(1) The direct sale and shipment of fireworks to a person	15445
outside of this state;	15446

(2) From an approved retail sales showroom as described in	15447
this section;	15448

(3) From a representative sample showroom as described in	15449
this section;	15450

(4) By delivery of wholesale fireworks to a purchaser at a	15451
licensed premises outside of a structure or building on that	15452
premises. All other portions of the wholesale sales transaction	15453
may occur at any location on a licensed premises.	15454

(5) Any other method as described in rules adopted by the	15455
state fire marshal under Chapter 119. of the Revised Code.	15456

(C) A licensed manufacturer,or wholesaler~~, or exhibitor~~	15457
~~shall bring fireworks~~shall only sell 1.4G fireworks from a	15458
representative sample showroom or a retail sales showroom. Each	15459
licensed premises shall only contain one sales structure.	15460

A representative sample showroom shall consist of a structure	15461
constructed and maintained in accordance with the nonresidential	15462
building code adopted under Chapter 3781. of the Revised Code and	15463
the fire code adopted under section 3737.82 of the Revised Code	15464
for a use and occupancy group that permits mercantile sales. A	15465
representative sample showroom shall not contain any pyrotechnics,	15466
pyrotechnic materials, fireworks, explosives, explosive materials,	15467
or any similar hazardous materials or substances. A representative	15468
sample showroom shall be used only for the public viewing of	15469
fireworks product representations, including paper materials,	15470
packaging materials, catalogs, photographs, or other similar	15471
product depictions. The delivery of product to a purchaser of	15472
fireworks at a licensed premises that has a representative sample	15473
structure shall not occur inside any structure on a licensed	15474
premises. Such product delivery shall occur on the licensed	15475
premises in a manner prescribed by rules adopted by the fire	15476
marshal pursuant to Chapter 119. of the Revised Code.	15477

If a manufacturer or wholesaler elects to conduct sales from	15478
a retail sales showroom, the showroom structures, to which the	15479
public may have any access and in which employees are required to	15480
work, on all licensed premises, ~~into compliance~~shall comply with	15481
the following safety requirements:	15482

(1) A fireworks showroom that is constructed or upon which	15483
expansion is undertaken on and after ~~the effective date of this~~	15484
~~section~~June 30, 1997, shall be equipped with interlinked fire	15485
detection, fire suppression, smoke exhaust, and smoke evacuation	15486
systems that are approved by the superintendent of the division of	15487
industrial compliance in the department of commerce.	15488

(2) A fireworks showroom that first begins to operate on or	15489
after ~~the effective date of this section~~June 30, 1997, and to	15490
which the public has access for retail purposes shall not exceed	15491
five thousand square feet in floor area.	15492

(3) A newly constructed or an existing fireworks showroom	15493
structure that exists on the effective date of this ~~section~~	15494
amendment, but that, on or after the effective date of this	15495
~~section~~amendment, is altered or added to in a manner requiring	15496
the submission of plans, drawings, specifications, or data	15497
pursuant to section 3791.04 of the Revised Code, shall comply	15498
with a graphic floor plan layout that is approved by the fire	15499
marshal and superintendent of the division of industrial	15500
compliance showing width of aisles, parallel arrangement of	15501
aisles to exits, number of exits per wall, maximum occupancy load,	15502
evacuation plan for occupants, height of storage or display of	15503
merchandise, and other information as may be required by the fire	15504
marshal and superintendent.	15505

(4)~~(a) Except as provided in division (A)(4)(b) of this~~	15506
~~section, a fireworks showroom structure that exists on the~~	15507
~~effective date of this section shall be retrofitted on or before~~	15508
~~June 1, 1998, with interlinked fire detection, smoke exhaust,~~	15509
~~and smoke evacuation systems that are approved by the~~	15510
~~superintendent of the division of industrial compliance.~~	15511

~~(b) If meeting the retrofitting requirements set forth in~~	15512
~~division (A)(4)(a) of this section would constitute an extreme~~	15513
~~financial hardship that would force a licensee to terminate~~	15514
~~business operations, the licensee shall conduct sales only on the~~	15515
~~basis of defused representative samples in closed and covered~~	15516
~~displays within the fireworks showroom.~~	15517

~~(5)~~ A fireworks showroom structure that exists on ~~the~~	15518
~~effective date of this section~~June 30, 1997, shall be in	15519
compliance on or ~~before June 1, 1998~~after June 30, 1997, with	15520
floor plans showing occupancy load limits and internal	15521
circulation and egress patterns that are approved by the fire	15522
marshal and superintendent of industrial compliance, and that are	15523
submitted under seal as required by section 3791.04 of the	15524
Revised Code.	15525

~~(B)~~(D) The safety requirements established in division ~~(A)~~(C)	15526
of this section are not subject to any variance, waiver, or	15527
exclusion pursuant to this chapter or any applicable building	15528
code.	15529

Sec. 3743.40. (A) Any person who resides in another state	15530
and who intends to ship fireworks into this state shall submit to	15531
the fire marshal an application for a shipping permit. As used in	15532
this section, "fireworks" includes only 1.3G and 1.4G fireworks.	15533
The application shall be submitted prior to shipping fireworks	15534
into this state, shall be on a form prescribed by the fire	15535
marshal, shall contain the information required by division (B) of	15536
this section and all information requested by the fire marshal,	15537
and shall be accompanied by the fee and the documentation	15538
described in division (C) of this section.	15539

The fire marshal shall prescribe a form for applications for	15540
shipping permits and make a copy of the form available, upon	15541
request, to persons who seek such a permit.	15542

(B) In an application for a shipping permit, the applicant	15543
shall specify the types of fireworks to be shipped into this	15544
state.	15545

(C) An application for a shipping permit shall be accompanied	15546
by a fee of two thousand seven hundred fifty dollars.	15547

An application for a shipping permit shall be accompanied by	15548
a certified copy or other copy acceptable to the fire marshal of	15549
the applicant's license or permit issued in the applicant's state	15550
of residence and authorizing the applicant to engage in the	15551
manufacture, wholesale sale, or transportation of fireworks in	15552
that state, if that state issues such a license or permit, and by	15553
a statement by the applicant that the applicant understands and	15554
will abide by rules adopted by the fire marshal pursuant to	15555
section 3743.58 of the Revised Code for transporting fireworks.	15556

(D) Except as otherwise provided in this division, and	15557
subject to section 3743.70 of the Revised Code, the fire marshal	15558
shall issue a shipping permit to an applicant only if the fire	15559
marshal determines that the applicant is a resident of another	15560
state and is the holder of a license or permit issued by that	15561
state authorizing it to engage in the manufacture, wholesale sale,	15562
or transportation of fireworks in that state, and the fire marshal	15563
is satisfied that the application and documentation are complete	15564
and in conformity with this section and that the applicant will	15565
transport fireworks into this state in accordance with rules	15566
adopted by the fire marshal pursuant to section 3743.58 of the	15567
Revised Code. The fire marshal shall issue a shipping permit to an	15568
applicant if the applicant meets all of the requirements of this	15569
section for the issuance of a shipping permit except that the	15570
applicant does not hold a license or permit issued by the state of	15571
residence authorizing the applicant to engage in the manufacture,	15572
wholesale sale, or transportation of fireworks in that state	15573
because that state does not issue such a license or permit.	15574

(E) Each permit issued pursuant to this section shall contain	15575
a distinct number assigned to the particular permit holder, and	15576
contain the information described in division (B) of this section.	15577

The fire marshal shall maintain a list of all persons issued	15578
shipping permits. In this list next to each person's name, the	15579
fire marshal shall insert the date upon which the permit was	15580
issued and the information described in division (B) of this	15581
section.	15582

(F) A shipping permit is valid for one year from the date of	15583
issuance by the fire marshal and only if the permit holder ships	15584
the fireworks directly into this state to the holder of a license	15585
issued under section 3743.03 or 3743.16 of the Revised Code or a	15586
license holder under section 3743.51 of the Revised Code who	15587
possesses a valid exhibition permit issued in accordance with	15588
section 3743.54 of the Revised Code and the fireworks shipped are	15589
to be used at the specifically permitted exhibition. The permit	15590
authorizes the permit holder to ship fireworks, as described in	15591
rules adopted by the fire marshal under Chapter 119. of the	15592
Revised Code, directly to the holder of a license issued under	15593
section 3743.03 or 3743.16 of the Revised Code, and to possess the	15594
fireworks in this state while the permit holder is in the course	15595
of shipping them directly into this state.	15596

The holder of a shipping permit shall have the permit in the	15597
holder's possession in this state at all times while in the course	15598
of shipping the fireworks directly into this state. A shipping	15599
permit is not transferable or assignable.	15600

Sec. 3743.44. (A) Any person who resides in another state	15601
and who intends to obtain possession in this state of fireworks	15602
purchased in this state shall obtain possession of the fireworks	15603
only from a licensed manufacturer or licensed wholesaler and only	15604
possess the fireworks in this state while in the course of	15605
directly transporting them out of this state. No licensed	15606
manufacturer or licensed wholesaler shall sell 1.3G fireworks to a	15607
person who resides in another state unless that person has been	15608
issued a license or permit in the state of the person's residence	15609
that authorizes the person to engage in the manufacture, wholesale	15610
sale, or retail sale of 1.3G fireworks or that authorizes the	15611
person to conduct 1.3G fireworks exhibitions in that state and	15612
that person presents a certified copy of the license. No licensed	15613
manufacturer or licensed wholesaler shall sell fireworks to a	15614
person who resides in another state unless that person has been	15615
issued a license or permit in the state of the person's residence	15616
that authorizes the person to engage in the manufacture, wholesale	15617
sale, or retail sale of fireworks in that state or that authorizes	15618
the person to conduct fireworks exhibitions in that state and that	15619
person presents a certified copy of the license, or, if that	15620
person does not possess a license or permit of that nature, only	15621
if the person presents a current valid motor vehicle operator's	15622
license issued to the person in the person's state of residence,	15623
or, if that person does not possess a motor vehicle operator's	15624
license issued in that state, an identification card issued to the	15625
person by a governmental agency in the person's state of residence	15626
indicating that the person is a resident of that state. If a	15627
person who is required to present a motor vehicle operator's	15628
license or other identification card intends to transport the	15629
fireworks purchased directly out of this state by a motor vehicle	15630
and the person will not also be the operator of that motor vehicle	15631
while so transporting the fireworks, the operator of the motor	15632
vehicle also shall present the operator's motor vehicle operator's	15633
license.	15634

(B) A licensed manufacturer or licensed wholesaler selling	15635
fireworks under this section shall require the purchaser to	15636
complete a purchaser's form. The fire marshal shall prescribe the	15637
form, and the licensed manufacturer or licensed wholesaler shall	15638
furnish the form. On this form the purchaser shall include the	15639
purchaser's name and address; the date of the purchase; ~~the~~	15640
~~destination to which the fireworks will be transported~~a statement	15641
that the purchaser acknowledges that the purchaser is responsible	15642
for any illegal use of the fireworks, including any damages caused	15643
by improper use; the number of the purchaser's license or permit	15644
authorizing the purchaser to manufacture, sell at wholesale, or	15645
sell at retail fireworks or to conduct fireworks exhibitions, or	15646
the number of the purchaser's motor vehicle operator's license or	15647
other identification card, as applicable; such other information	15648
as the fire marshal may require; and the purchaser's signature.	15649
Each purchaser's form shall contain a statement printed in bold	15650
letters indicating that knowingly making a false statement on the	15651
form is falsification under section 2921.13 of the Revised Code	15652
and is a misdemeanor of the first degree.	15653

Each licensed manufacturer and licensed wholesaler shall keep	15654
each purchaser's form for a period of three years after the date	15655
of the purchase, and such forms shall be open to inspection by the	15656
fire marshal or the fire marshal's designated authority.	15657

(C) Each purchaser of fireworks under this section shall	15658
transport the fireworks so purchased directly out of this state	15659
within ~~seventy-two~~forty-eight hours after the time of their	15660
purchase.	15661

This section regulates wholesale sales and retail sales of	15662
fireworks in this state only insofar as purchasers of fireworks	15663
are residents of other states and will be obtaining possession in	15664
this state of purchased fireworks. This section does not prohibit	15665
licensed manufacturers or wholesalers from selling fireworks, in	15666
accordance with section 3743.04 or sections 3743.17 and 3743.25 of	15667
the Revised Code, to a resident of another state and from shipping	15668
the purchased fireworks directly out of this state to the	15669
purchaser.	15670

Sec. 3743.45. (A) Any person who resides in this state and	15671
who intends to obtain possession in this state of 1.4G fireworks	15672
purchased in this state shall obtain possession of the 1.4G	15673
fireworks only from a licensed manufacturer or licensed	15674
wholesaler.	15675

A licensed manufacturer or licensed wholesaler selling 1.4G	15676
fireworks under this division shall require the purchaser to	15677
complete a purchaser's form, which shall be prescribed by the	15678
state fire marshal and furnished by the licensed manufacturer or	15679
licensed wholesaler. On this form the purchaser shall include the	15680
purchaser's name and address,; the date of the purchase~~, the~~	15681
~~destination to which the fireworks will be transported,~~; a	15682
statement that the purchaser acknowledges that the purchaser is	15683
responsible for any illegal use of the fireworks, including any	15684
damages caused by improper use; such other information as the fire	15685
marshal may require,; and the purchaser's signature. Each	15686
purchaser's form shall contain a statement printed in bold letters	15687
indicating that knowingly making a false statement on the form is	15688
falsification under section 2921.13 of the Revised Code and is a	15689
misdemeanor of the first degree.	15690

Each licensed manufacturer and licensed wholesaler shall keep	15691
each purchaser's form for a period of three years after the date	15692
of the purchase, and such forms shall be open to inspection by the	15693
fire marshal or the fire marshal's designated authority.	15694

Each purchaser of 1.4G fireworks under this division shall	15695
transport the fireworks so purchased directly out of this state	15696
within forty-eight hours after the time of their purchase.	15697

This division does not apply to a person who resides in this	15698
state and who is also a licensed manufacturer, licensed	15699
wholesaler, or licensed exhibitor of fireworks in this state.	15700

(B) No licensed manufacturer or licensed wholesaler shall	15701
sell 1.3G fireworks to a person who resides in this state unless	15702
that person is a licensed manufacturer, licensed wholesaler, or	15703
licensed exhibitor of fireworks in this state.	15704

Sec. 3743.54. (A) A licensed exhibitor of fireworks may	15705
acquire fireworks for use at a public fireworks exhibition only	15706
from a licensed manufacturer of fireworks or licensed wholesaler	15707
of fireworks, and only in accordance with the procedures specified	15708
in this section and section 3743.55 of the Revised Code. A	15709
~~licensed exhibitor shall not acquire, for any purpose, 1.4G~~	15710
~~fireworks as designated by the fire marshal in rules adopted~~	15711
~~pursuant to division (A) of section 3743.05 of the Revised Code.~~	15712

(B)(1) A licensed exhibitor of fireworks who wishes to	15713
conduct a public fireworks exhibition shall apply for approval to	15714
conduct the exhibition to whichever of the following persons is	15715
appropriate under the circumstances:	15716

(a) Unless division (B)(1)(c) or (d) of this section applies,	15717
if the exhibition will take place in a municipal corporation, the	15718
approval shall be obtained from the fire chief, and from the	15719
police chief or other similar chief law enforcement officer, or	15720
the designee of the police chief or similar chief law enforcement	15721
officer, of the particular municipal corporation.	15722

(b) Unless division (B)(1)(c) or (d) of this section applies,	15723
if the exhibition will take place in an unincorporated area, the	15724
approval shall be obtained from the fire chief of the particular	15725
township or township fire district, and from the police chief or	15726
other similar chief law enforcement officer, or the designee of	15727
the police chief or similar chief law enforcement officer, of the	15728
particular township or township police district.	15729

(c) If fire protection services for the premises on which the	15730
exhibition will take place are provided in accordance with a	15731
contract between political subdivisions, the approval shall be	15732
obtained from the fire chief of the political subdivision	15733
providing the fire protection services and from the police chief	15734
or other similar chief law enforcement officer, or the designee of	15735
the police chief or similar chief law enforcement officer, of the	15736
political subdivision in which the premises on which the	15737
exhibition will take place are located. If police services for the	15738
premises on which the exhibition will take place are provided in	15739
accordance with a contract between political subdivisions, the	15740
approval shall be obtained from the police chief or other similar	15741
chief law enforcement officer, or the designee of the police chief	15742
or similar chief law enforcement officer, of the political	15743
subdivision providing the police services and from the fire chief	15744
of the political subdivision in which the premises on which the	15745
exhibition will take place are located. If both fire and police	15746
protection services for the premises on which the exhibition will	15747
take place are provided in accordance with a contract between	15748
political subdivisions, the approval shall be obtained from the	15749
fire chief, and from the police chief or other similar chief law	15750
enforcement officer, or the designee of the police chief or	15751
similar chief law enforcement officer, of the political	15752
subdivisions providing the police and fire protection services.	15753

(d) If there is no municipal corporation, township, or	15754
township fire district fire department, no municipal corporation,	15755
township, or township police district police department, and no	15756
contract for police or fire protection services between political	15757
subdivisions covering the premises on which the exhibition will	15758
take place, the approval shall be obtained from the fire	15759
prevention officer, and from the police chief or other similar	15760
chief law enforcement officer, or the designee of the police chief	15761
or other similar chief law enforcement officer, having	15762
jurisdiction over the premises.	15763

(2) The approval required by division (B)(1) of this section	15764
shall be evidenced by the fire chief or fire prevention officer	15765
and by the police chief or other similar chief law enforcement	15766
officer, or the designee of the police chief or other similar	15767
chief law enforcement officer, signing a permit for the	15768
exhibition. The fire marshal shall prescribe the form of	15769
exhibition permits and distribute copies of the form to fire	15770
chiefs, to fire prevention officers, and to police chiefs or other	15771
similar chief law enforcement officers of municipal corporations,	15772
townships, or township police districts, or their designees, in	15773
this state. Any exhibitor of fireworks who wishes to conduct a	15774
public fireworks exhibition may obtain a copy of the form from the	15775
fire marshal or, if it is available, from a fire chief, a fire	15776
prevention officer, a police chief or other similar chief law	15777
enforcement officer of a municipal corporation, township, or	15778
township police district, or a designee of such a police chief or	15779
other similar chief law enforcement officer.	15780

(C) Before a permit is signed and issued to a licensed	15781
exhibitor of fireworks, the fire chief or fire prevention officer,	15782
in consultation with the police chief or other similar chief law	15783
enforcement officer or with the designee of the police chief or	15784
other similar chief law enforcement officer, shall inspect the	15785
premises on which the exhibition will take place and shall	15786
determine that, in fact, the applicant for the permit is a	15787
licensed exhibitor of fireworks. Each applicant shall show the	15788
applicant's license as an exhibitor of fireworks to the fire chief	15789
or fire prevention officer.	15790

The fire chief or fire prevention officer, and the police	15791
chief or other similar chief law enforcement officer, or the	15792
designee of the police chief or other similar chief law	15793
enforcement officer, shall give approval to conduct a public	15794
fireworks exhibition only if satisfied, based on the inspection,	15795
that the premises on which the exhibition will be conducted allow	15796
the exhibitor to comply with the rules adopted by the fire marshal	15797
pursuant to divisions (B) and (E) of section 3743.53 of the	15798
Revised Code and that the applicant is, in fact, a licensed	15799
exhibitor of fireworks. The fire chief or fire prevention officer,	15800
in consultation with the police chief or other similar chief law	15801
enforcement officer or with the designee of the police chief or	15802
other similar chief law enforcement officer, may inspect the	15803
premises immediately prior to the exhibition to determine if the	15804
exhibitor has complied with the rules, and may revoke a permit for	15805
noncompliance with the rules.	15806

(D) If the legislative authorities of their political	15807
subdivisions have prescribed a fee for the issuance of a permit	15808
for a public fireworks exhibition, fire chiefs or fire prevention	15809
officers, and police chiefs, other similar chief law enforcement	15810
officers, or their designee, shall not issue a permit until the	15811
exhibitor pays the requisite fee.	15812

Each exhibitor shall provide an indemnity bond in the amount	15813
of at least one million dollars, with surety satisfactory to the	15814
fire chief or fire prevention officer and to the police chief or	15815
other similar chief law enforcement officer, or the designee of	15816
the police chief or other similar chief law enforcement officer,	15817
conditioned for the payment of all final judgments that may be	15818
rendered against the exhibitor on account of injury, death, or	15819
loss to persons or property emanating from the fireworks	15820
exhibition, or proof of insurance coverage of at least one million	15821
dollars for liability arising from injury, death, or loss to	15822
persons or property emanating from the fireworks exhibition. The	15823
legislative authority of a political subdivision in which a public	15824
fireworks exhibition will take place may require the exhibitor to	15825
provide an indemnity bond or proof of insurance coverage in	15826
amounts greater than those required by this division. Fire chiefs	15827
or fire prevention officers, and police chiefs, other similar	15828
chief law enforcement officers, or their designee, shall not issue	15829
a permit until the exhibitor provides the bond or proof of the	15830
insurance coverage required by this division or by the political	15831
subdivision in which the fireworks exhibition will take place.	15832

(E)(1) Each permit for a fireworks exhibition issued by a	15833
fire chief or fire prevention officer, and by the police chief or	15834
other similar chief law enforcement officer, or the designee of	15835
the police chief or other similar chief law enforcement officer,	15836
shall contain a distinct number, designate the municipal	15837
corporation, township, or township fire or police district of the	15838
fire chief, fire prevention officer, police chief or other similar	15839
chief law enforcement officer, or designee of the police chief or	15840
other similar chief law enforcement officer, and identify the	15841
certified fire safety inspector, fire chief, or fire prevention	15842
officer who will be present before, during, and after the	15843
exhibition, where appropriate. A copy of each permit issued shall	15844
be forwarded by the fire chief or fire prevention officer, and by	15845
the police chief or other similar chief law enforcement officer,	15846
or the designee of the police chief or other similar chief law	15847
enforcement officer, issuing it to the fire marshal, who shall	15848
keep a record of the permits received. A permit is not	15849
transferable or assignable.	15850

(2) Each fire chief, fire prevention officer, police chief or	15851
other similar chief law enforcement officer, and designee of a	15852
police chief or other similar chief law enforcement officer shall	15853
keep a record of issued permits for fireworks exhibitions. In this	15854
list, the fire chief, fire prevention officer, police chief or	15855
other similar chief law enforcement officer, and designee of a	15856
police chief or other similar chief law enforcement officer shall	15857
list the name of the exhibitor, the exhibitor's license number,	15858
the premises on which the exhibition will be conducted, the date	15859
and time of the exhibition, and the number and political	15860
subdivision designation of the permit issued to the exhibitor for	15861
the exhibition.	15862

(F) The governing authority having jurisdiction in the	15863
location where an exhibition is to take place shall require that a	15864
certified fire safety inspector, fire chief, or fire prevention	15865
officer be present before, during, and after the exhibition, and	15866
shall require the certified fire safety inspector, fire chief, or	15867
fire prevention officer to inspect the premises where the	15868
exhibition is to take place and determine whether the exhibition	15869
is in compliance with this chapter.	15870

(G) Notwithstanding any provision of the Revised Code to the	15871
contrary, the state fire marshal is hereby authorized to create	15872
additional license categories for fireworks exhibitors and to	15873
create additional permit requirements for fireworks exhibitions	15874
for the indoor use of fireworks and other uses of pyrotechnics,	15875
including the use of pyrotechnic materials that do not meet the	15876
definition of fireworks as described in section 3743.01 of the	15877
Revised Code. Such licenses and permits and the fees for such	15878
licenses and permits shall be described in rules adopted by the	15879
fire marshal under Chapter 119. of the Revised Code. Such rules	15880
may provide for different standards for exhibitor licensure and	15881
the permitting and conducting of a fireworks exhibition than the	15882
requirements of this chapter.	15883

Prior to the state fire marshal's adoption of the rules	15884
described in this division, the director of commerce shall appoint	15885
a committee consisting of the state fire marshal or the marshal's	15886
designee, three representatives of the fireworks industry, and	15887
three representatives of the fire service to assist the state fire	15888
marshal in adopting these rules. Unless an extension is granted by	15889
the director of commerce, the state fire marshal shall adopt	15890
initial rules under this section not later than July 1, 2010.	15891

Sec. 3743.56. Each fireworks exhibitor licensed under	15892
section 3743.51 of the Revised Code shall register annually with	15893
the fire marshal all employees who assist the licensed exhibitor	15894
in conducting fireworks exhibitions. Once registered, such an	15895
employee may be employed by any other licensed fireworks	15896
exhibitor, without the need for that other licensed exhibitor to	15897
register the employee with the fire marshal. The fire marshal	15898
shall maintain a record of licensed exhibitors and registered	15899
employees and make it available, upon request, to any law	15900
enforcement agency.	15901

The fire marshal shall adopt rules under Chapter 119. of the	15902
Revised Code that establish appropriate fees for the registration	15903
of employees of licensed exhibitors and otherwise implement this	15904
section.	15905

In addition to the annual registration of employees required	15906
by this section, a licensed exhibitor shall file an application to	15907
register a new employee, unless the new employee is already	15908
registered under this section, not later than seven days after the	15909
date on which the employee is hired.	15910

Each applicant for registration under this section shall	15911
provide fingerprint or similar identifying information to the fire	15912
marshal for the purposes of determining applicant compliance with	15913
section 3743.70 of the Revised Code. The fire marshal may adopt	15914
rules under Chapter 119. of the Revised Code specifying the method	15915
to be used by the applicant to provide the fingerprint or similar	15916
identifying information, fees to be assessed by the fire marshal	15917
to conduct such background checks, and the procedures to be used	15918
by the fire marshal to verify compliance with this section. Such	15919
rules may include provisions establishing the frequency that	15920
license renewal applicants must update background check	15921
information filed by the applicant with previous license	15922
applications and provisions describing alternative forms of	15923
background check information that may be accepted by the fire	15924
marshal to verify compliance with this section.	15925

Sec. 3743.65. (A) No person shall possess fireworks in this	15926
state or shall possess for sale or sell fireworks in this state,	15927
except a licensed manufacturer of fireworks as authorized by	15928
sections 3743.02 to 3743.08 of the Revised Code, a licensed	15929
wholesaler of fireworks as authorized by sections 3743.15 to	15930
3743.21 of the Revised Code, a shipping permit holder as	15931
authorized by section 3743.40 of the Revised Code, an out-of-state	15932
resident as authorized by section 3743.44 of the Revised Code, a	15933
resident of this state as authorized by section 3743.45 of the	15934
Revised Code, or a licensed exhibitor of fireworks as authorized	15935
by sections 3743.50 to 3743.55 of the Revised Code, and except as	15936
provided in section 3743.80 of the Revised Code.	15937

(B) Except as provided in section 3743.80 of the Revised Code	15938
and except for licensed exhibitors of fireworks authorized to	15939
conduct a fireworks exhibition pursuant to sections 3743.50 to	15940
3743.55 of the Revised Code, no person shall discharge, ignite, or	15941
explode any fireworks in this state.	15942

(C) No person shall use in a theater or public hall, what is	15943
technically known as fireworks showers, or a mixture containing	15944
potassium chlorate and sulphur.	15945

(D) No person shall sell fireworks of any kind to a person	15946
under eighteen years of age. No person under eighteen years of age	15947
shall enter a fireworks sales showroom unless that person is	15948
accompanied by a parent, legal guardian, or other responsible	15949
adult. No person under eighteen years of age shall touch or	15950
possess fireworks on a licensed premises without the consent of	15951
the licensee. A licensee may eject any person from a licensed	15952
premises that is in any way disruptive to the safe operation of	15953
the premises.	15954

(E) ~~No person shall advertise 1.4G fireworks for sale. A sign~~	15955
~~located on a seller's premises identifying the seller as a seller~~	15956
~~of fireworks is not the advertising of fireworks for sale.~~	15957

~~(F)~~ No person, other than a licensed manufacturer, licensed	15958
wholesaler, licensed exhibitor, or shipping permit holder, shall	15959
possess 1.3G fireworks in this state.	15960

~~(G)~~(F) Except as otherwise provided in division (J) of	15961
section 3743.06 and division (K) of section 3743.19 of the Revised	15962
Code, no person shall knowingly disable a fire suppression system	15963
as defined in section 3781.108 of the Revised Code on the premises	15964
of a fireworks plant of a licensed manufacturer of fireworks or on	15965
the premises of the business operations of a licensed wholesaler	15966
of fireworks.	15967

Sec. 3743.70. The fire marshal shall not issue an initial or	15968
a renewal of a license or, permit, or registration under this	15969
chapter on or after ~~the effective date of this section~~June 30,	15970
1997, if the applicant for the license or permit, or any	15971
individual holding, owning, or controlling a five per cent or	15972
greater beneficial or equity interest in the applicant for the	15973
license or permit, has been convicted of or pleaded guilty to a	15974
felony under the laws of this state, another state, or the United	15975
States. The fire marshal shall revoke or deny renewal of a license	15976
or permit first issued under this chapter on or after ~~the~~	15977
~~effective date of this section~~June 30, 1997, if the holder of the	15978
license or permit, or any individual holding, owning, or	15979
controlling a five per cent or greater beneficial or equity	15980
interest in the holder of the license or permit, is convicted of	15981
or pleads guilty to a felony under the laws of this state, another	15982
state, or the United States.	15983

The state fire marshal may adopt rules under Chapter 119. of	15984
the Revised Code specifying the method to be used by the	15985
applicants subject to this section to provide the fingerprint or	15986
similar identifying information, fees to be assessed by the fire	15987
marshal to conduct such background checks, and the procedures to	15988
be used by the state fire marshal to verify compliance with this	15989
section. Such rules may include provisions establishing rules for	15990
conducting background checks and prohibiting licensure, permitting	15991
or registration under this chapter for persons convicted of a	15992
felony or similar offense in another country, the frequency that	15993
license renewal applicants must update background check	15994
information filed by the applicant with previous license	15995
applications, provisions describing alternative forms of	15996
background check information that may be accepted by the fire	15997
marshal to verify compliance with this section, and provisions	15998
that permit the state fire marshal to waive the applicability of	15999
this section if the applicant produces verified documentation that	16000
demonstrates that this state, another state, the United States, or	16001
another country has determined that applicant is appropriate for	16002
licensure, permitting, or registration under this chapter.	16003

Sec. 3743.99. (A) Whoever violates division (A) or (B) of	16004
section 3743.60 or division (H) of section 3743.64 of the Revised	16005
Code is guilty of a felony of the third degree.	16006

(B) Whoever violates division (C) or (D) of section 3743.60,	16007
division (A), (B), (C), or (D) of section 3743.61, or division (A)	16008
or (B) of section 3743.64 of the Revised Code is guilty of a	16009
felony of the fourth degree.	16010

(C) Whoever violates division (E), (F), (G), (H), (I), or (J)	16011
of section 3743.60, division (E), (F), (G), (H), (I), or (J) of	16012
section 3743.61, section 3743.63, division (D), (E), (F), or (G)	16013
of section 3743.64, division (A), (B), (C), (D), or ~~(F)~~(E) of	16014
section 3743.65, or section 3743.66 of the Revised Code is guilty	16015
of a misdemeanor of the first degree. If the offender previously	16016
has been convicted of or pleaded guilty to a violation of division	16017
(I) of section 3743.60 or 3743.61 of the Revised Code, a violation	16018
of either of these divisions is a felony of the fifth degree.	16019

(D) Whoever violates division (C) of section 3743.64 of the	16020
Revised Code is guilty of a misdemeanor of the first degree. In	16021
addition to any other penalties that may be imposed on a licensed	16022
exhibitor of fireworks under this division and unless the third	16023
sentence of this division applies, the person's license as an	16024
exhibitor of fireworks or as an assistant exhibitor of fireworks	16025
shall be suspended, and the person is ineligible to apply for	16026
either type of license, for a period of five years. If the	16027
violation of division (C) of section 3743.64 of the Revised Code	16028
results in serious physical harm to persons or serious physical	16029
harm to property, the person's license as an exhibitor of	16030
fireworks or as an assistant exhibitor of fireworks shall be	16031
revoked, and that person is ineligible to apply for a license as	16032
or to be licensed as an exhibitor of fireworks or as an assistant	16033
exhibitor of fireworks in this state.	16034

(E) Whoever violates division ~~(G)~~(F) of section 3743.65 of	16035
the Revised Code is guilty of a felony of the fifth degree.	16036

Sec. 3901.3814. Sections 3901.38 and 3901.381 to 3901.3813 of	16037
the Revised Code do not apply to the following:	16038

(A) Policies offering coverage that is regulated under	16039
Chapters 3935. and 3937. of the Revised Code;	16040

(B) An employer's self-insurance plan and any of its	16041
administrators, as defined in section 3959.01 of the Revised Code,	16042
to the extent that federal law supersedes, preempts, prohibits, or	16043
otherwise precludes the application of any provisions of those	16044
sections to the plan and its administrators;	16045

(C) A third-party payer for coverage provided under the	16046
medicare advantage program operated under Title XVIII of the	16047
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	16048
amended;	16049

(D) A third-party payer for coverage provided under the	16050
medicaid program operated under Title XIX of the "Social Security	16051
Act," except that if a federal waiver applied for under section	16052
5111.178 of the Revised Code is granted or the director of job and	16053
family services determines that this provision can be implemented	16054
without a waiver, sections 3901.38 and 3901.381 to 3901.3813 of	16055
the Revised Code apply to claims submitted electronically or	16056
non-electronically that are made with respect to coverage of	16057
medicaid recipients by health insuring corporations licensed under	16058
Chapter 1751. of the Revised Code, instead of the prompt payment	16059
requirements of 42 C.F.R. 447.46;	16060

(E) A third-party payer for coverage provided under the	16061
tricare program offered by the United States department of	16062
defense.	16063

(F) A third-party payer for coverage provided under the	16064
children's buy-in program established under sections 5101.5211 to	16065
5101.5216 of the Revised Code.	16066

Sec. 3905.40. There shall be paid to the superintendent of	16067
insurance the following fees:	16068

(A) Each insurance company doing business in this state shall	16069
pay:	16070

(1) For filing a copy of its charter or deed of settlement,	16071
two hundred fifty dollars;	16072

(2) For filing each statement, one hundred seventy-five	16073
dollars;	16074

(3) For each certificate of authority or license, one hundred	16075
seventy-five, and for each certified copy thereof, five dollars;	16076

(4) For each copy of a paper filed in the superintendent's	16077
office, twenty cents per page;	16078

(5) For issuing certificates of deposits or certified copies	16079
thereof, five dollars for the first certificate or copy and one	16080
dollar for each additional certificate or copy;	16081

(6) For issuing certificates of compliance or certified	16082
copies thereof, sixty dollars;	16083

(7) For affixing the seal of office and certifying documents,	16084
other than those enumerated herein, two dollars.	16085

(B) Each domestic life insurance company doing business in	16086
this state shall pay for annual valuation of its policies, one	16087
cent on every one thousand dollars of insurance.	16088

(C) Each applicant for licensure as an individual insurance	16089
agent except applicants for licensure as limited lines insurance	16090
agents and surplus line brokers shall pay ten dollars ~~before~~	16091
~~admission to any examination required by the superintendent. Such~~	16092
~~fee shall not be paid by the appointing insurance company~~for each	16093
line of authority requested. Fees collected under this division	16094
shall be credited to the department of insurance operating fund	16095
created in section 3901.021 of the Revised Code.	16096

(D) Each domestic mutual life insurance company shall pay for	16097
verifying that any amendment to its articles of incorporation was	16098
regularly adopted, two hundred fifty dollars with each application	16099
for verification. Any such amendment shall be considered to have	16100
been regularly adopted when approved by the affirmative vote of	16101
two-thirds of the policyholders present in person or by proxy at	16102
any annual meeting of policyholders or at a special meeting of	16103
policyholders called for that purpose.	16104

Sec. 3923.281. (A) As used in this section:

16105

(1) "Biologically based mental illness" means schizophrenia,	16106
schizoaffective disorder, major depressive disorder, bipolar	16107
disorder, paranoia and other psychotic disorders,	16108
obsessive-compulsive disorder, and panic disorder, as these terms	16109
are defined in the most recent edition of the diagnostic and	16110
statistical manual of mental disorders published by the American	16111
psychiatric association.	16112

(2) "Policy of sickness and accident insurance" has the same	16113
meaning as in section 3923.01 of the Revised Code, but excludes	16114
any hospital indemnity, medicare supplement, long-term care,	16115
disability income, one-time-limited-duration policy of not longer	16116
than six months, supplemental benefit, or other policy that	16117
provides coverage for specific diseases or accidents only; any	16118
policy that provides coverage for workers' compensation claims	16119
compensable pursuant to Chapters 4121. and 4123. of the Revised	16120
Code; ~~and~~ any policy that provides coverage to beneficiaries	16121
enrolled in Title XIX of the "Social Security Act," 49 Stat. 620	16122
(1935), 42 U.S.C.A. 301, as amended, known as the medical	16123
assistance program or medicaid, as provided by the Ohio department	16124
of job and family services under Chapter 5111. of the Revised	16125
Code; and any policy that provides coverage to beneficiaries	16126
enrolled in the children's buy-in program established under	16127
sections 5101.5211 to 5101.5216 of the Revised Code.	16128

(B) Notwithstanding section 3901.71 of the Revised Code, and	16129
subject to division (E) of this section, every policy of	16130
sickness and accident insurance shall provide benefits for the	16131
diagnosis and treatment of biologically based mental illnesses on	16132
the same terms and conditions as, and shall provide benefits no	16133
less extensive than, those provided under the policy of sickness	16134
and accident insurance for the treatment and diagnosis of all	16135
other physical diseases and disorders, if both of the following	16136
apply:	16137

(1) The biologically based mental illness is clinically	16138
diagnosed by a physician authorized under Chapter 4731. of the	16139
Revised Code to practice medicine and surgery or osteopathic	16140
medicine and surgery; a psychologist licensed under Chapter 4732.	16141
of the Revised Code; a professional clinical counselor,	16142
professional counselor, or independent social worker licensed	16143
under Chapter 4757. of the Revised Code; or a clinical nurse	16144
specialist licensed under Chapter 4723. of the Revised Code whose	16145
nursing specialty is mental health.	16146

(2) The prescribed treatment is not experimental or	16147
investigational, having proven its clinical effectiveness in	16148
accordance with generally accepted medical standards.	16149

(C) Division (B) of this section applies to all coverages and	16150
terms and conditions of the policy of sickness and accident	16151
insurance, including, but not limited to, coverage of inpatient	16152
hospital services, outpatient services, and medication; maximum	16153
lifetime benefits; copayments; and individual and family	16154
deductibles.	16155

(D) Nothing in this section shall be construed as prohibiting	16156
a sickness and accident insurance company from taking any of the	16157
following actions:	16158

(1) Negotiating separately with mental health care providers	16159
with regard to reimbursement rates and the delivery of health care	16160
services;	16161

(2) Offering policies that provide benefits solely for the	16162
diagnosis and treatment of biologically based mental illnesses;	16163

(3) Managing the provision of benefits for the diagnosis or	16164
treatment of biologically based mental illnesses through the use	16165
of pre-admission screening, by requiring beneficiaries to obtain	16166
authorization prior to treatment, or through the use of any other	16167
mechanism designed to limit coverage to that treatment determined	16168
to be necessary;	16169

(4) Enforcing the terms and conditions of a policy of	16170
sickness and accident insurance.	16171

(E) An insurer that offers any policy of sickness and	16172
accident insurance is not required to provide benefits for the	16173
diagnosis and treatment of biologically based mental illnesses	16174
pursuant to division (B) of this section if all of the following	16175
apply:	16176

(1) The insurer submits documentation certified by an	16177
independent member of the American academy of actuaries to the	16178
superintendent of insurance showing that incurred claims for	16179
diagnostic and treatment services for biologically based mental	16180
illnesses for a period of at least six months independently caused	16181
the insurer's costs for claims and administrative expenses for the	16182
coverage of all other physical diseases and disorders to increase	16183
by more than one per cent per year.	16184

(2) The insurer submits a signed letter from an independent	16185
member of the American academy of actuaries to the superintendent	16186
of insurance opining that the increase described in division	16187
(E)(1) of this section could reasonably justify an increase of	16188
more than one per cent in the annual premiums or rates charged by	16189
the insurer for the coverage of all other physical diseases and	16190
disorders.	16191

(3) The superintendent of insurance makes the following	16192
determinations from the documentation and opinion submitted	16193
pursuant to divisions (E)(1) and (2) of this section:	16194

(a) Incurred claims for diagnostic and treatment services for	16195
biologically based mental illnesses for a period of at least six	16196
months independently caused the insurer's costs for claims and	16197
administrative expenses for the coverage of all other physical	16198
diseases and disorders to increase by more than one per cent per	16199
year.	16200

(b) The increase in costs reasonably justifies an increase of	16201
more than one per cent in the annual premiums or rates charged by	16202
the insurer for the coverage of all other physical diseases and	16203
disorders.	16204

Any determination made by the superintendent under this	16205
division is subject to Chapter 119. of the Revised Code.	16206

Sec. 3923.443. (A)(1) No agent shall sell, solicit, or	16207
negotiate long-term care insurance on or after September 1, 2008,	16208
without completing an initial eight-hour partnership program	16209
training course as described in division (B) of this section.	16210

(2)(a) Any agent that sells, solicits, or negotiates any	16211
long-term care insurance shall complete at least four hours of	16212
continuing education in every twenty-four-month period commencing	16213
on the first day of January of the year immediately following the	16214
year of the issuance of the agent's license.	16215

(b) No agent shall fail to complete the continuing education	16216
requirements in division (A)(2)(a) of this section in the	16217
twenty-four-month period described in that division.	16218

(B) The initial training course and continuing education	16219
required under division (A) of this section may be approved by the	16220
superintendent of insurance as continuing education courses under	16221
sections 3905.481 to 3905.486 of the Revised Code and shall	16222
consist of combined topics related to long-term care insurance,	16223
long-term care services, and state long-term care insurance	16224
partnership programs, including all of the following:	16225

(1) State and federal regulations and requirements and the	16226
relationship between state long-term care insurance partnership	16227
programs and other public and private coverage of long-term care	16228
services, including medicaid;	16229

(2) Available long-term care services and providers;

16230

(3) Changes or improvements in long-term care services or	16231
providers;	16232

(4) Alternatives to the purchase of private long-term care	16233
insurance;	16234

(5) The effect of inflation on benefits and the importance of	16235
inflation protection;	16236

(6) Consumer suitability standards and guidelines;

16237

(7) Any other topics required by the superintendent.

16238

(C) The initial training and continuing education required by	16239
division (A) of this section shall not include training that is	16240
specific to a particular insurer or company product or that	16241
includes any sales or marketing information, materials, or	16242
training other than those required by state or federal law.	16243

(D) AnA resident agent shall satisfy the training and	16244
continuing education required by division (A) of this section by	16245
completing long-term care courses that are approved by the	16246
superintendent. A nonresident agent may ~~complete~~satisfy the	16247
training and continuing education required by division (A) of	16248
this section by completing ~~partnership program~~the training	16249
requirements in any other state, provided that the course is	16250
approved for credit by the ~~superintendent~~insurance department of	16251
that state prior to the agent taking the course.	16252

(E) Each insurer shall ~~maintain~~obtain records of the initial	16253
training and continuing education completed by agents of that	16254
insurer pursuant to division (A) of this section as well as the	16255
training completed by the insurer's agents concerning the	16256
distribution of the insurer's partnership program policies and	16257
shall make those records available to the superintendent upon	16258
request.	16259

(F) ~~The superintendent shall certify to the director of job~~	16260
~~and family services that the superintendent has verified that all~~	16261
~~agents selling, soliciting, or negotiating long-term care~~	16262
~~insurance in Ohio have completed the training and continuing~~	16263
~~education required by division (A) of this section including~~	16264
~~training concerning~~Each insurer shall maintain records with	16265
respect to the training of its agents concerning the distribution	16266
of the insurer's partnership program policies. Each insurer shall	16267
provide documentation to the superintendent that will allow the	16268
superintendent to provide assurance to the director of job and	16269
family services that agents have received the training required by	16270
this section and that agents have demonstrated an understanding of	16271
the partnership program policies and their relationship to public	16272
and private coverage of long-term care in this state, including	16273
medicaid. The superintendent may audit each insurer's records	16274
annually to verify that the insurer is maintaining the records	16275
required by this division. The superintendent shall make the	16276
records provided to the superintendent pursuant to division (E) of	16277
this section available to the director.	16278

Sec. 3925.101. With the approval of the superintendent of	16279
insurance, sections 3925.06 to 3925.09 and 3925.20 of the Revised	16280
Code shall not apply to a domestic insurance company that	16281
qualifies as a foreign country branch of a United States company	16282
that writes policies exclusively in countries other than the	16283
United States if those other countries have laws pertaining to	16284
insurance company investments and the foreign country branch is	16285
required to comply with those laws.	16286

Sec. 3961.04. (A) A discount medical plan organization or	16287
marketer shall disclose all of the following information in	16288
writing in not less than twelve-point type on the first content	16289
page of any advertisements, marketing materials, or brochures made	16290
available to the public relating to a discount medical plan and	16291
with any enrollment forms:	16292

(1) A statement that the discount medical plan is not	16293
insurance;	16294

(2) A statement that the range of discounts for medical	16295
services offered under the discount medical plan will vary	16296
depending on the type of provider and medical services;	16297

(3) A statement that the discount medical plan is prohibited	16298
from making members' payments to providers for medical services	16299
received under the discount medical plan;	16300

(4) A statement that the member is obligated to pay for all	16301
discounted medical services received under the discount medical	16302
plan;	16303

(5) The discount medical plan organization's toll-free	16304
telephone number and internet web site address that a member or	16305
prospective member may use to obtain additional information about	16306
and assistance with the discount medical plan and up-to-date lists	16307
of providers participating in the discount medical plan.	16308

(B) If a discount medical plan organization's or marketer's	16309
initial contact with a prospective member is by telephone, the	16310
organization or marketer shall disclose all of the information	16311
listed in division (A) of this section orally in addition to	16312
including such disclosures in the initial written materials	16313
provided to the prospective or new member.	16314

(C) In addition to the disclosures required under division	16315
(A) of this section, a discount medical plan organization shall	16316
provide to each prospective member, at the time of enrollment, a	16317
copy of the terms and conditions of the discount medical plan,	16318
including any limitations or restrictions on the refund of any	16319
processing fees or periodic charges associated with the discount	16320
medical plan. A discount medical plan organization also shall	16321
provide each new member a written document containing the terms	16322
and conditions of the discount medical plan and including all of	16323
the following:	16324

(1) Name of the member;

16325

(2) Benefits provided under the discount medical plan;

16326

(3) Any processing fees and periodic charges associated with	16327
the discount medical plan, including, but not limited to, if	16328
applicable, the procedures for changing the mode of payment and	16329
any accompanying additional charges;	16330

(4) Any limitations, exclusions, or exceptions regarding the	16331
receipt of discount medical plan benefits;	16332

(5) Any waiting periods for certain medical services under	16333
the discount medical plan;	16334

(6) Procedures for obtaining discounts under the discount	16335
medical plan, such as requiring members to contact the discount	16336
medical plan organization to request that the organization make an	16337
appointment with a provider on the member's behalf;	16338

(7) Cancellation and refund rights described in section	16339
3961.06 of the Revised Code;	16340

(8) Membership renewal, termination, and cancellation terms	16341
and conditions;	16342

(9) Procedures for adding new family members to the discount	16343
medical plan;	16344

(10) Procedures for filing complaints under the discount	16345
medical plan organization's complaint system and a statement	16346
explaining that, if the member remains dissatisfied after	16347
completing the organization's complaint system, the member may	16348
contact the department of insurance;	16349

(11) Name, mailing address, and toll-free telephone number of	16350
the discount medical plan organization that a member may use to	16351
make inquiries about the discount medical plan, send cancellation	16352
notices, and file complaints.	16353

(D) A discount medical plan organization shall maintain on an	16354
internet web site page an up-to-date list of the names and	16355
addresses of the providers with which the organization has	16356
contracted directly or indirectly through a provider network. The	16357
organization's internet web site address shall be prominently	16358
displayed on all of the organization's advertisements, marketing	16359
materials, brochures, and discount medical plan cards.	16360

(E) When a discount medical plan organization or marketer	16361
sells a discount medical plan together with any other product, the	16362
organization or marketer shall do either of the following:	16363

(1) Provide the charges for each discount medical plan in	16364
writing to the member;	16365

(2) Reimburse the member for all periodic charges for the	16366
discount medical plan and all periodic charges for any other	16367
product if the member cancels ~~his or her~~ membership in accordance	16368
with division (B) of section ~~3901.06~~3961.06 of the Revised Code.	16369

Sec. 4112.12. (A) There is hereby created the commission on	16370
African-American males, which shall consist of not more than	16371
~~twenty-three~~twenty-five members as follows: the directors or	16372
their designees of the departments of health, development,	16373
alcohol and drug addiction services, and job and family services;	16374
the equal employment opportunity officer of the department of	16375
administrative services or the equal employment opportunity	16376
officer's designee; the executive director or the executive	16377
director's designee of the Ohio civil rights commission; the	16378
executive director or the executive director's designee of the	16379
division of criminal justice services in the department of public	16380
safety; the superintendent of public instruction; the chancellor	16381
or the chancellor's designee of the Ohio board of regents; two	16382
members of the house of representatives appointed by the speaker	16383
of the house of representatives each of whom shall be members of	16384
different political parties; and two members of the senate	16385
appointed by the president of the senate each of whom shall be	16386
members of different political parties. The members who are	16387
members of the general assembly shall be nonvoting members. The	16388
Ohio state university African American and African studies	16389
community extension center, in consultation with the governor,	16390
shall appoint ~~two~~four members from the private corporate	16391
sector, at least four members from the public sector, and two	16392
members from the nonprofit sector.	16393

(B) Terms of office shall be for three years, except that	16394
members of the general assembly appointed to the commission shall	16395
be members only so long as they are members of the general	16396
assembly. Each term ends on the same day of the same month as did	16397
the term that it succeeds. Each member shall hold office from the	16398
date of appointment until the end of the term for which the	16399
member was appointed. Members may be reappointed. Vacancies shall	16400
be filled in the manner provided for original appointments. Any	16401
member appointed to fill a vacancy occurring prior to the	16402
expiration date of the term for which the member's predecessor was	16403
appointed shall hold office as a member for the remainder of that	16404
term. A member shall continue in office subsequent to the	16405
expiration date of the member's term until the member's successor	16406
takes office or until a period of sixty days has elapsed,	16407
whichever occurs first.	16408

The commission annually shall elect a chairperson from among	16409
its members.	16410

(C) Members of the commission and members of subcommittees	16411
appointed under division (B) of section 4112.13 of the Revised	16412
Code shall not be compensated, but shall be reimbursed for their	16413
necessary and actual expenses incurred in the performance of their	16414
official duties.	16415

(D) The Ohio state university African American and African	16416
studies community extension center, in consultation with the	16417
governor, shall appoint an executive director of the commission on	16418
African-American males, who shall be in the unclassified civil	16419
service. The executive director shall supervise the commission's	16420
activities and report to the commission and to the Ohio state	16421
university African American and African studies community	16422
extension center on the progress of those activities. The	16423
executive director shall do all things necessary for the	16424
efficient and effective implementation of the duties of the	16425
commission.	16426

The responsibilities assigned to the executive director do	16427
not relieve the members of the commission from final	16428
responsibility for the proper performance of the requirements of	16429
this division.	16430

(E) The commission on African-American males shall do all of	16431
the following:	16432

(1) Employ, promote, supervise, and remove all employees, as	16433
needed, in connection with the performance of its duties under	16434
this section;	16435

(2) Maintain its office in Columbus;

16436

(3) Acquire facilities, equipment, and supplies necessary to	16437
house the commission, its employees, and files and records under	16438
its control, and to discharge any duty imposed upon it by law. The	16439
expense of these acquisitions shall be audited and paid for in the	16440
same manner as other state expenses.	16441

(4) Establish the overall policy and management of the	16442
commission in accordance with this chapter;	16443

(5) Follow all state procurement requirements;

16444

(6) Implement the policies and plans of the Ohio state	16445
university African American and African studies community	16446
extension center as those policies and plans are formulated and	16447
adopted by the Ohio state university African American and African	16448
studies community extension center;	16449

(7) Report to the Ohio state university African American and	16450
African studies community extension center on the progress of the	16451
commission on African-American males in implementing the policies	16452
and plans of the Ohio state university African American and	16453
African studies community extension center.	16454

(F) The commission on African-American males may:

16455

(1) Hold sessions at any place within the state, except that	16456
the commission on African-American males shall meet at least	16457
quarterly;	16458

(2) Establish, change, or abolish positions, and assign and	16459
reassign duties and responsibilities of any employee of the	16460
commission on African-American males as necessary to achieve the	16461
most efficient performance of its functions.	16462

(G) The Ohio state university African American and African	16463
studies community extension center shall establish the overall	16464
policy and management of the commission on African-American males	16465
and shall direct, manage, and oversee the commission. The Ohio	16466
state university African American and African studies community	16467
extension center shall develop overall policies and plans, and the	16468
commission on African-American males shall implement those	16469
policies and plans. The commission on African-American males,	16470
through its executive director, shall keep the Ohio state	16471
university African American and African studies community	16472
extension center informed as to the activities of the commission	16473
on African-American males in such manner and at such times as the	16474
Ohio state university African American and African studies	16475
community extension center shall determine.	16476

The Ohio state university African American and African	16477
studies community extension center may prescribe duties and	16478
responsibilities of the commission on African-American males in	16479
addition to those prescribed in section 4112.13 of the Revised	16480
Code.	16481

(H) The Ohio state university African American and African	16482
studies community extension center annually shall contract for a	16483
report on the status of ~~African-Americans~~African Americans in	16484
this state. Issues to be evaluated in the report shall include	16485
the criminal justice system, education, employment, health care,	16486
and housing, and such other issues as the Ohio state university	16487
African American and African studies community extension center	16488
may specify. The report shall include policy recommendations	16489
relating to the issues covered in the report.	16490

Sec. 4117.14. (A) The procedures contained in this section	16491
govern the settlement of disputes between an exclusive	16492
representative and a public employer concerning the termination or	16493
modification of an existing collective bargaining agreement or	16494
negotiation of a successor agreement, or the negotiation of an	16495
initial collective bargaining agreement.	16496

(B)(1) In those cases where there exists a collective	16497
bargaining agreement, any public employer or exclusive	16498
representative desiring to terminate, modify, or negotiate a	16499
successor collective bargaining agreement shall:	16500

(a) Serve written notice upon the other party of the proposed	16501
termination, modification, or successor agreement. The party must	16502
serve the notice not less than sixty days prior to the expiration	16503
date of the existing agreement or, in the event the existing	16504
collective bargaining agreement does not contain an expiration	16505
date, not less than sixty days prior to the time it is proposed to	16506
make the termination or modifications or to make effective a	16507
successor agreement.	16508

(b) Offer to bargain collectively with the other party for	16509
the purpose of modifying or terminating any existing agreement or	16510
negotiating a successor agreement;	16511

(c) Notify the state employment relations board of the offer	16512
by serving upon the board a copy of the written notice to the	16513
other party and a copy of the existing collective bargaining	16514
agreement.	16515

(2) In the case of initial negotiations between a public	16516
employer and an exclusive representative, where a collective	16517
bargaining agreement has not been in effect between the parties,	16518
any party may serve notice upon the board and the other party	16519
setting forth the names and addresses of the parties and offering	16520
to meet, for a period of ninety days, with the other party for the	16521
purpose of negotiating a collective bargaining agreement.	16522

If the settlement procedures specified in divisions (B), (C),	16523
and (D) of this section govern the parties, where those procedures	16524
refer to the expiration of a collective bargaining agreement, it	16525
means the expiration of the sixty-day period to negotiate a	16526
collective bargaining agreement referred to in this subdivision,	16527
or in the case of initial negotiations, it means the ninety day	16528
period referred to in this subdivision.	16529

(3) The parties shall continue in full force and effect all	16530
the terms and conditions of any existing collective bargaining	16531
agreement, without resort to strike or lock-out, for a period of	16532
sixty days after the party gives notice or until the expiration	16533
date of the collective bargaining agreement, whichever occurs	16534
later, or for a period of ninety days where applicable.	16535

(4) Upon receipt of the notice, the parties shall enter into	16536
collective bargaining.	16537

(C) In the event the parties are unable to reach an	16538
agreement, they may submit, at any time prior to forty-five days	16539
before the expiration date of the collective bargaining agreement,	16540
the issues in dispute to any mutually agreed upon dispute	16541
settlement procedure which supersedes the procedures contained in	16542
this section.	16543

(1) The procedures may include:

16544

(a) Conventional arbitration of all unsettled issues;

16545

(b) Arbitration confined to a choice between the last offer	16546
of each party to the agreement as a single package;	16547

(c) Arbitration confined to a choice of the last offer of	16548
each party to the agreement on each issue submitted;	16549

(d) The procedures described in division (C)(1)(a), (b), or	16550
(c) of this section and including among the choices for the	16551
arbitrator, the recommendations of the fact finder, if there are	16552
recommendations, either as a single package or on each issue	16553
submitted;	16554

(e) Settlement by a citizens' conciliation council composed	16555
of three residents within the jurisdiction of the public employer.	16556
The public employer shall select one member and the exclusive	16557
representative shall select one member. The two members selected	16558
shall select the third member who shall chair the council. If the	16559
two members cannot agree upon a third member within five days	16560
after their appointments, the board shall appoint the third	16561
member. Once appointed, the council shall make a final settlement	16562
of the issues submitted to it pursuant to division (G) of this	16563
section.	16564

(f) Any other dispute settlement procedure mutually agreed to	16565
by the parties.	16566

(2) If, fifty days before the expiration date of the	16567
collective bargaining agreement, the parties are unable to reach	16568
an agreement, any party may request the state employment relations	16569
board to intervene. The request shall set forth the names and	16570
addresses of the parties, the issues involved, and, if applicable,	16571
the expiration date of any agreement.	16572

The board shall intervene and investigate the dispute to	16573
determine whether the parties have engaged in collective	16574
bargaining.	16575

If an impasse exists or forty-five days before the expiration	16576
date of the collective bargaining agreement if one exists, the	16577
board shall appoint a mediator to assist the parties in the	16578
collective bargaining process.	16579

(3) Any time after the appointment of a mediator, either	16580
party may request the appointment of a fact-finding panel. Within	16581
fifteen days after receipt of a request for a fact-finding panel,	16582
the board shall appoint a fact-finding panel of not more than	16583
three members who have been selected by the parties in accordance	16584
with rules established by the board, from a list of qualified	16585
persons maintained by the board.	16586

(a) The fact-finding panel shall, in accordance with rules	16587
and procedures established by the board that include the	16588
regulation of costs and expenses of fact-finding, gather facts and	16589
make recommendations for the resolution of the matter. The board	16590
shall by its rules require each party to specify in writing the	16591
unresolved issues and its position on each issue to the	16592
fact-finding panel. The fact-finding panel shall make final	16593
recommendations as to all the unresolved issues.	16594

(b) The board may continue mediation, order the parties to	16595
engage in collective bargaining until the expiration date of the	16596
agreement, or both.	16597

(4) The following guidelines apply to fact-finding:

16598

(a) The fact-finding panel may establish times and place of	16599
hearings which shall be, where feasible, in the jurisdiction of	16600
the state.	16601

(b) The fact-finding panel shall conduct the hearing pursuant	16602
to rules established by the board.	16603

(c) Upon request of the fact-finding panel, the board shall	16604
issue subpoenas for hearings conducted by the panel.	16605

(d) The fact-finding panel may administer oaths.

16606

(e) The board shall prescribe guidelines for the fact-finding	16607
panel to follow in making findings. In making its recommendations,	16608
the fact-finding panel shall take into consideration the factors	16609
listed in divisions (G)(7)(a) to (f) of this section.	16610

(f) The fact-finding panel may attempt mediation at any time	16611
during the fact-finding process. From the time of appointment	16612
until the fact-finding panel makes a final recommendation, it	16613
shall not discuss the recommendations for settlement of the	16614
dispute with parties other than the direct parties to the dispute.	16615

(5) The fact-finding panel, acting by a majority of its	16616
members, shall transmit its findings of fact and recommendations	16617
on the unresolved issues to the public employer and employee	16618
organization involved and to the board no later than fourteen days	16619
after the appointment of the fact-finding panel, unless the	16620
parties mutually agree to an extension. The parties shall share	16621
the cost of the fact-finding panel in a manner agreed to by the	16622
parties.	16623

(6)(a) Not later than seven days after the findings and	16624
recommendations are sent, the legislative body, by a three-fifths	16625
vote of its total membership, and in the case of the public	16626
employee organization, the membership, by a three-fifths vote of	16627
the total membership, may reject the recommendations; if neither	16628
rejects the recommendations, the recommendations shall be deemed	16629
agreed upon as the final resolution of the issues submitted and a	16630
collective bargaining agreement shall be executed between the	16631
parties, including the fact-finding panel's recommendations,	16632
except as otherwise modified by the parties by mutual agreement.	16633
If either the legislative body or the public employee organization	16634
rejects the recommendations, the board shall publicize the	16635
findings of fact and recommendations of the fact-finding panel.	16636
The board shall adopt rules governing the procedures and methods	16637
for public employees to vote on the recommendations of the	16638
fact-finding panel.	16639

(b) As used in division (C)(6)(a) of this section,	16640
"legislative body" means the controlling board when the state or	16641
any of its agencies, authorities, commissions, boards, or other	16642
branch of public employment is party to the fact-finding process.	16643

(D) If the parties are unable to reach agreement within seven	16644
days after the publication of findings and recommendations from	16645
the fact-finding panel or the collective bargaining agreement, if	16646
one exists, has expired, then the:	16647

(1) Public employees, who are members of a police or fire	16648
department, members of the state highway patrol, deputy sheriffs,	16649
dispatchers employed by a police, fire or sheriff's department or	16650
the state highway patrol or civilian dispatchers employed by a	16651
public employer other than a police, fire, or sheriff's department	16652
to dispatch police, fire, sheriff's department, or emergency	16653
medical or rescue personnel and units, an exclusive nurse's unit,	16654
employees of the state school for the deaf or the state school for	16655
the blind, employees of any public employee retirement system,	16656
corrections officers, guards at penal or mental institutions,	16657
special police officers appointed in accordance with sections	16658
5119.14 and 5123.13 of the Revised Code, psychiatric attendants	16659
employed at mental health forensic facilities, or youth leaders	16660
employed at juvenile correctional facilities, or members of a law	16661
enforcement security force that is established and maintained	16662
exclusively by a board of county commissioners and whose members	16663
are employed by that board, shall submit the matter to a final	16664
offer settlement procedure pursuant to a board order issued	16665
forthwith to the parties to settle by a conciliator selected by	16666
the parties. The parties shall request from the board a list of	16667
five qualified conciliators and the parties shall select a single	16668
conciliator from the list by alternate striking of names. If the	16669
parties cannot agree upon a conciliator within five days after the	16670
board order, the board shall on the sixth day after its order	16671
appoint a conciliator from a list of qualified persons maintained	16672
by the board or shall request a list of qualified conciliators	16673
from the American arbitration association and appoint therefrom.	16674

(2) Public employees other than those listed in division	16675
(D)(1) of this section have the right to strike under Chapter	16676
4117. of the Revised Code provided that the employee organization	16677
representing the employees has given a ten-day prior written	16678
notice of an intent to strike to the public employer and to the	16679
board, and further provided that the strike is for full,	16680
consecutive work days and the beginning date of the strike is at	16681
least ten work days after the ending date of the most recent prior	16682
strike involving the same bargaining unit; however, the board, at	16683
its discretion, may attempt mediation at any time.	16684

(E) Nothing in this section shall be construed to prohibit	16685
the parties, at any time, from voluntarily agreeing to submit any	16686
or all of the issues in dispute to any other alternative dispute	16687
settlement procedure. An agreement or statutory requirement to	16688
arbitrate or to settle a dispute pursuant to a final offer	16689
settlement procedure and the award issued in accordance with the	16690
agreement or statutory requirement is enforceable in the same	16691
manner as specified in division (B) of section 4117.09 of the	16692
Revised Code.	16693

(F) Nothing in this section shall be construed to prohibit a	16694
party from seeking enforcement of a collective bargaining	16695
agreement or a conciliator's award as specified in division (B) of	16696
section 4117.09 of the Revised Code.	16697

(G) The following guidelines apply to final offer settlement	16698
proceedings under division (D)(1) of this section:	16699

(1) The parties shall submit to final offer settlement those	16700
issues that are subject to collective bargaining as provided by	16701
section 4117.08 of the Revised Code and upon which the parties	16702
have not reached agreement and other matters mutually agreed to by	16703
the public employer and the exclusive representative; except that	16704
the conciliator may attempt mediation at any time.	16705

(2) The conciliator shall hold a hearing within thirty days	16706
of the board's order to submit to a final offer settlement	16707
procedure, or as soon thereafter as is practicable.	16708

(3) The conciliator shall conduct the hearing pursuant to	16709
rules developed by the board. The conciliator shall establish the	16710
hearing time and place, but it shall be, where feasible, within	16711
the jurisdiction of the state. Not later than five calendar days	16712
before the hearing, each of the parties shall submit to the	16713
conciliator, to the opposing party, and to the board, a written	16714
report summarizing the unresolved issues, the party's final offer	16715
as to the issues, and the rationale for that position.	16716

(4) Upon the request by the conciliator, the board shall	16717
issue subpoenas for the hearing.	16718

(5) The conciliator may administer oaths.

16719

(6) The conciliator shall hear testimony from the parties and	16720
provide for a written record to be made of all statements at the	16721
hearing. The board shall submit for inclusion in the record and	16722
for consideration by the conciliator the written report and	16723
recommendation of the fact-finders.	16724

(7) After hearing, the conciliator shall resolve the dispute	16725
between the parties by selecting, on an issue-by-issue basis, from	16726
between each of the party's final settlement offers, taking into	16727
consideration the following:	16728

(a) Past collectively bargained agreements, if any, between	16729
the parties;	16730

(b) Comparison of the issues submitted to final offer	16731
settlement relative to the employees in the bargaining unit	16732
involved with those issues related to other public and private	16733
employees doing comparable work, giving consideration to factors	16734
peculiar to the area and classification involved;	16735

(c) The interests and welfare of the public, the ability of	16736
the public employer to finance and administer the issues proposed,	16737
and the effect of the adjustments on the normal standard of public	16738
service;	16739

(d) The lawful authority of the public employer;

16740

(e) The stipulations of the parties;

16741

(f) Such other factors, not confined to those listed in this	16742
section, which are normally or traditionally taken into	16743
consideration in the determination of the issues submitted to	16744
final offer settlement through voluntary collective bargaining,	16745
mediation, fact-finding, or other impasse resolution procedures in	16746
the public service or in private employment.	16747

(8) Final offer settlement awards made under Chapter 4117. of	16748
the Revised Code are subject to Chapter 2711. of the Revised Code.	16749

(9) If more than one conciliator is used, the determination	16750
must be by majority vote.	16751

(10) The conciliator shall make written findings of fact and	16752
promulgate a written opinion and order upon the issues presented	16753
to the conciliator, and upon the record made before the	16754
conciliator and shall mail or otherwise deliver a true copy	16755
thereof to the parties and the board.	16756

(11) Increases in rates of compensation and other matters	16757
with cost implications awarded by the conciliator may be effective	16758
only at the start of the fiscal year next commencing after the	16759
date of the final offer settlement award; provided that if a new	16760
fiscal year has commenced since the issuance of the board order to	16761
submit to a final offer settlement procedure, the awarded	16762
increases may be retroactive to the commencement of the new fiscal	16763
year. The parties may, at any time, amend or modify a	16764
conciliator's award or order by mutual agreement.	16765

(12) The parties shall bear equally the cost of the final	16766
offer settlement procedure.	16767

(13) Conciliators appointed pursuant to this section shall be	16768
residents of the state.	16769

(H) All final offer settlement awards and orders of the	16770
conciliator made pursuant to Chapter 4117. of the Revised Code are	16771
subject to review by the court of common pleas having jurisdiction	16772
over the public employer as provided in Chapter 2711. of the	16773
Revised Code. If the public employer is located in more than one	16774
court of common pleas district, the court of common pleas in which	16775
the principal office of the chief executive is located has	16776
jurisdiction.	16777

(I) The issuance of a final offer settlement award	16778
constitutes a binding mandate to the public employer and the	16779
exclusive representative to take whatever actions are necessary to	16780
implement the award.	16781

Sec. 4117.15. (A) Whenever a strike by members of a police	16782
or fire department, members of the state highway patrol, deputy	16783
sheriffs, dispatchers employed by a police, fire or sheriff's	16784
department or the state highway patrol or civilian dispatchers	16785
employed by a public employer other than a police, fire, or	16786
sheriff's department to dispatch police, fire, sheriff's	16787
department, or emergency medical or rescue personnel and units, an	16788
exclusive nurse's unit, employees of the state school for the deaf	16789
or the state school for the blind, employees of any public	16790
employee retirement system, correction officers, guards at penal	16791
or mental institutions, or special ~~policemen or policewomen~~police	16792
officers appointed in accordance with sections 5119.14 and 5123.13	16793
of the Revised Code, psychiatric attendants employed at mental	16794
health forensic facilities, youth leaders employed at juvenile	16795
correctional facilities, or members of a law enforcement security	16796
force that is established and maintained exclusively by a board of	16797
county commissioners and whose members are employed by that board,	16798
a strike by other public employees during the pendency of the	16799
settlement procedures set forth in section 4117.14 of the Revised	16800
Code, or a strike during the term or extended term of a collective	16801
bargaining agreement occurs, the public employer may seek an	16802
injunction against the strike in the court of common pleas of the	16803
county in which the strike is located.	16804

(B) An unfair labor practice by a public employer is not a	16805
defense to the injunction proceeding noted in division (A) of this	16806
section. Allegations of unfair labor practices during the	16807
settlement procedures set forth in section 4117.14 of the Revised	16808
Code shall receive priority by the state employment relations	16809
board.	16810

(C) No public employee is entitled to pay or compensation	16811
from the public employer for the period engaged in any strike.	16812

Sec. 4123.26. Every employer shall keep records of, and	16813
furnish to the bureau of workers' compensation upon request, all	16814
information required by the administrator of workers' compensation	16815
to carry out this chapter. In January of each year, every employer	16816
of the state employing one or more employees regularly in the same	16817
business, or in or about the same establishment, shall prepare and	16818
mail to the bureau at its main office in Columbus a statement	16819
containing the following information, as applicable:	16820

(A) The number of employees employed during the preceding	16821
year from the first day of January through the thirty-first day of	16822
December;	16823

(B) The number of such employees employed at each kind of	16824
employment and the aggregate amount of wages paid to such	16825
employees;	16826

(C) In accordance with the rules adopted by the administrator	16827
pursuant to division (D) of section 4123.32 of the Revised Code,	16828
if the employer employs employees who are covered under the	16829
federal "Longshore and Harbor Workers' Compensation Act," 98 Stat.	16830
1639, 33 U.S.C. 901 et seq., and under this chapter and Chapter	16831
4121. of the Revised Code, both of the following amounts:	16832

(1) The amount of wages the employer pays to those employees	16833
when the employees perform labor and provide services for which	16834
the employees are eligible to receive compensation and benefits	16835
under the federal "Longshore and Harbor Workers' Compensation	16836
Act;"	16837

(2) The amount of wages the employer pays to those employees	16838
when the employees perform labor and provide services for which	16839
the employees are eligible to receive compensation and benefits	16840
under this chapter and Chapter 4121. of the Revised Code.	16841

The allocation of wages identified by the employer pursuant	16842
to divisions (C)(1) and (2) of this section shall not be presumed	16843
to be an indication of the law under which an employee is eligible	16844
to receive compensation and benefits.	16845

The information shall be furnished on a blank to be prepared	16846
by the bureau. The bureau shall furnish the blanks to employers	16847
free of charge upon request therefor. Every employer receiving	16848
from the bureau any blank, with directions to fill out the same,	16849
shall cause the same to be properly filled out so as to answer	16850
fully and correctly all questions therein propounded, and give all	16851
the information therein sought, or if unable to do so, hethe	16852
employer shall give to the bureau in writing good and sufficient	16853
reasons for such failure. The bureau may require that the	16854
information required to be furnished be verified under oath and	16855
returned to the bureau within the period fixed by it or by law.	16856
The bureau or any person employed by the bureau for that purpose,	16857
may examine, under oath, any employer, or the officer, agent, or	16858
employee thereof, for the purpose of ascertaining any information	16859
which the employer is required to furnish to the bureau.	16860

No employer shall fail to furnish to the bureau the annual	16861
statement required by this section, nor shall any employer fail to	16862
keep records of or furnish such other information as may be	16863
required by the bureau under this section.	16864

Whoever violates this section shall forfeit five hundred	16865
dollars, to be collected in a civil action brought against the	16866
employer in the name of the state, to be paid into the state	16867
insurance fund and become a part thereof.	16868

Sec. 4123.32. The administrator of workers' compensation,	16869
with the advice and consent of the bureau of workers' compensation	16870
board of directors, shall adopt rules with respect to the	16871
collection, maintenance, and disbursements of the state insurance	16872
fund including all of the following:	16873

(A) A rule providing that the premium security deposit	16874
collected from any employer entitles the employer to the benefits	16875
of this chapter for the remainder of the six months and also for	16876
an additional adjustment period of two months, and, thereafter, if	16877
the employer pays the premium due at the close of any six-month	16878
period, coverage shall be extended for an additional eight-month	16879
period beginning from the end of the six-month period for which	16880
the employer pays the premium due;	16881

(B) A rule providing for ascertaining the correctness of any	16882
employer's report of estimated or actual expenditure of wages and	16883
the determination and adjustment of proper premiums and the	16884
payment of those premiums by the employer for or during any period	16885
less than eight months and notwithstanding any payment or	16886
determination of premium made when exceptional conditions or	16887
circumstances in the judgment of the administrator justify the	16888
action;	16889

(C) Such special rules as the administrator considers	16890
necessary to safeguard the fund and that are just in the	16891
circumstances, covering the rates to be applied where one employer	16892
takes over the occupation or industry of another or where an	16893
employer first makes application for state insurance, and the	16894
administrator may require that if any employer transfers a	16895
business in whole or in part or otherwise reorganizes the	16896
business, the successor in interest shall assume, in proportion to	16897
the extent of the transfer, as determined by the administrator,	16898
the employer's account and shall continue the payment of all	16899
contributions due under this chapter;	16900

(D) A rule providing that an employer who employs an employee	16901
covered under the federal "Longshore and Harbor Workers'	16902
Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et seq., and this	16903
chapter and Chapter 4121. of the Revised Code shall be assessed	16904
a premium in accordance with the expenditure of wages, payroll,	16905
or both attributable to only labor performed and services	16906
provided by such an employee when the employee performs labor	16907
and provides services for which the employee is not eligible to	16908
receive compensation and benefits under that federal act.	16909

(E) A rule providing for all of the following:

16910

(1) If, within two months immediately after the expiration of	16911
the six-month period, an employer fails to file a report of the	16912
employer's actual payroll expenditures for the period, the premium	16913
found to be due from the employer for the period shall be	16914
increased in an amount equal to one per cent of the premium, but	16915
the increase shall not be less than three nor more than fifteen	16916
dollars;	16917

(2) The premium determined by the administrator to be due	16918
from an employer shall be payable on or before the end of the	16919
coverage period established by the premium security deposit, or	16920
within the time specified by the administrator if the period for	16921
which the advance premium has been paid is less than eight months.	16922
If an employer fails to pay the premium when due, the	16923
administrator may add a late fee penalty of not more than thirty	16924
dollars to the premium plus an additional penalty amount as	16925
follows:	16926

(a) For a premium from sixty-one to ninety days past due,	16927
the prime interest rate, multiplied by the premium due;	16928

(b) For a premium from ninety-one to one hundred twenty days	16929
past due, the prime interest rate plus two per cent, multiplied by	16930
the premium due;	16931

(c) For a premium from one hundred twenty-one to one hundred	16932
fifty days past due, the prime interest rate plus four per cent,	16933
multiplied by the premium due;	16934

(d) For a premium from one hundred fifty-one to one hundred	16935
eighty days past due, the prime interest rate plus six per cent,	16936
multiplied by the premium due;	16937

(e) For a premium from one hundred eighty-one to two hundred	16938
ten days past due, the prime interest rate plus eight per cent,	16939
multiplied by the premium due;	16940

(f) For each additional thirty-day period or portion thereof	16941
that a premium remains past due after it has remained past due for	16942
more than two hundred ten days, the prime interest rate plus eight	16943
per cent, multiplied by the premium due.	16944

(3) Notwithstanding the interest rates specified in division	16945
~~(D)~~(E)(2) of this section, at no time shall the additional penalty	16946
amount assessed under division ~~(D)~~(E)(2) of this section exceed	16947
fifteen per cent of the premium due.	16948

(4) An employer may appeal a late fee penalty or additional	16949
penalty to an adjudicating committee pursuant to section 4123.291	16950
of the Revised Code.	16951

For purposes of division ~~(D)~~(E) of this section, "prime	16952
interest rate" means the average bank prime rate, and the	16953
administrator shall determine the prime interest rate in the same	16954
manner as a county auditor determines the average bank prime rate	16955
under section 929.02 of the Revised Code.	16956

(5) If the employer files an appropriate payroll report,	16957
within the time provided by law or within the time specified by	16958
the administrator if the period for which the employer paid an	16959
estimated premium is less than eight months, the employer shall	16960
not be in default and division ~~(D)~~(E)(2) of this section shall not	16961
apply if the employer pays the premiums within fifteen days after	16962
being first notified by the administrator of the amount due.	16963

(6) Any deficiencies in the amounts of the premium security	16964
deposit paid by an employer for any period shall be subject to an	16965
interest charge of six per cent per annum from the date the	16966
premium obligation is incurred. In determining the interest due on	16967
deficiencies in premium security deposit payments, a charge in	16968
each case shall be made against the employer in an amount equal to	16969
interest at the rate of six per cent per annum on the premium	16970
security deposit due but remaining unpaid sixty days after notice	16971
by the administrator.	16972

(7) Any interest charges or penalties provided for in	16973
divisions ~~(D)~~(E)(2) and (6) of this section shall be credited to	16974
the employer's account for rating purposes in the same manner as	16975
premiums.	16976

~~(E)~~(F) A rule providing that each employer, on the occasion	16977
of instituting coverage under this chapter, shall submit a premium	16978
security deposit. The deposit shall be calculated equivalent to	16979
thirty per cent of the semiannual premium obligation of the	16980
employer based upon the employer's estimated expenditure for wages	16981
for the ensuing six-month period plus thirty per cent of an	16982
additional adjustment period of two months but only up to a	16983
maximum of one thousand dollars and not less than ten dollars. The	16984
administrator shall review the security deposit of every employer	16985
who has submitted a deposit which is less than the	16986
one-thousand-dollar maximum. The administrator may require any	16987
such employer to submit additional money up to the maximum of one	16988
thousand dollars that, in the administrator's opinion, reflects	16989
the employer's current payroll expenditure for an eight-month	16990
period.	16991

~~(F)~~(G) A rule providing that each employer, on the occasion	16992
of instituting coverage under this chapter, shall submit an	16993
application for coverage that completely provides all of the	16994
information required for the administrator to establish coverage	16995
for that employer, and that the employer's failure to provide all	16996
of the information completely may be grounds for the administrator	16997
to deny coverage for that employer.	16998

~~(G)~~(H) A rule providing that, in addition to any other	16999
remedies permitted in this chapter, the administrator may	17000
discontinue an employer's coverage if the employer fails to pay	17001
the premium due on or before the premium's due date.	17002

~~(H)~~(I) A rule providing that if after a final adjudication it	17003
is determined that an employer has failed to pay an obligation,	17004
billing, account, or assessment that is greater than one thousand	17005
dollars on or before its due date, the administrator may	17006
discontinue the employer's coverage in addition to any other	17007
remedies permitted in this chapter, and that the administrator	17008
shall not discontinue an employer's coverage pursuant to this	17009
division prior to a final adjudication regarding the employer's	17010
failure to pay such obligation, billing, account, or assessment on	17011
or before its due date.	17012

~~(I)~~(J) As used in divisions ~~(G) and~~ (H) and (I) of this	17013
section:	17014

(1) "Employer" has the same meaning as in division (B) of	17015
section 4123.01 of the Revised Code except that "employer" does	17016
not include the state, a state hospital, or a state university or	17017
college.	17018

(2) "State university or college" has the same meaning as in	17019
section 3345.12 of the Revised Code and also includes the Ohio	17020
agricultural research and development center and the Ohio state	17021
university cooperative extension service.	17022

(3) "State hospital" means the Ohio state university hospital	17023
and its ancillary facilities and the medical university of Ohio at	17024
Toledo hospital.	17025

Sec. 4123.37. In this section "amenable employer" has the	17026
same meaning as "employer" as defined in division ~~(O)~~(J) of	17027
section 4123.32 of the Revised Code.	17028

If the administrator of workers' compensation finds that any	17029
person, firm, or private corporation, including any public service	17030
corporation, is, or has been at any time after January 1, 1923, an	17031
amenable employer and has not complied with section 4123.35 of the	17032
Revised Code the administrator shall determine the period during	17033
which the person, firm, or corporation was an amenable employer	17034
and shall forthwith give notice of the determination to the	17035
employer. Within twenty days thereafter the employer shall furnish	17036
the bureau with the payroll covering the period included in the	17037
determination and, if the employer is an amenable employer at the	17038
time of the determination, shall pay a premium security deposit	17039
for the eight months next succeeding the date of the determination	17040
and shall pay into the state insurance fund the amount of premium	17041
applicable to such payroll.	17042

If the employer does not furnish the payroll and pay the	17043
applicable premium and premium security deposit within the twenty	17044
days, the administrator shall forthwith make an assessment of the	17045
premium due from the employer for the period the administrator	17046
determined the employer to be an amenable employer including the	17047
premium security deposit according to section 4123.32 of the	17048
Revised Code if the employer is an amenable employer at the time	17049
of the determination, basing the assessment upon the information	17050
in the possession of the administrator.	17051

The administrator shall give to the employer assessed written	17052
notice of the assessment. The notice shall be mailed to the	17053
employer at the employer's residence or usual place of business by	17054
certified mail. Unless the employer to whom the notice of	17055
assessment is directed files with the bureau within twenty days	17056
after receipt thereof, a petition in writing, verified under oath	17057
by the employer, or the employer's authorized agent having	17058
knowledge of the facts, setting forth with particularity the items	17059
of the assessment objected to, together with the reason for the	17060
objections, the assessment shall become conclusive and the amount	17061
thereof shall be due and payable from the employer so assessed to	17062
the state insurance fund. When a petition objecting to an	17063
assessment is filed the bureau shall assign a time and place for	17064
the hearing of the same and shall notify the petitioner thereof by	17065
certified mail. When an employer files a petition the assessment	17066
made by the administrator shall become due and payable ten days	17067
after notice of the finding made at the hearing has been sent by	17068
certified mail to the party assessed. An appeal may be taken from	17069
any finding to the court of common pleas of Franklin county upon	17070
the execution by the party assessed of a bond to the state in	17071
double the amount found due and ordered paid by the bureau	17072
conditioned that the party will pay any judgment and costs	17073
rendered against it for the premium.	17074

When no petition objecting to an assessment is filed or when	17075
a finding is made affirming or modifying an assessment after	17076
hearing, a certified copy of the assessment as affirmed or	17077
modified may be filed by the administrator in the office of the	17078
clerk of the court of common pleas in any county in which the	17079
employer has property or in which the employer has a place of	17080
business. The clerk, immediately upon the filing of the	17081
assessment, shall enter a judgment for the state against the	17082
employer in the amount shown on the assessment. The judgment may	17083
be filed by the clerk in a loose leaf book entitled "special	17084
judgments for state insurance fund." The judgment shall bear the	17085
same rate of interest, have the same effect as other judgments,	17086
and be given the same preference allowed by law on other judgments	17087
rendered for claims for taxes. An assessment or judgment under	17088
this section shall not be a bar to the adjustment of the	17089
employer's account upon the employer furnishing the employer's	17090
payroll records to the bureau.	17091

The administrator, for good cause shown, may waive a default	17092
in the payment of premium where the default is of less than sixty	17093
days' duration, and upon payment by the employer of the premium	17094
for the period, the employer and the employer's employees are	17095
entitled to all of the benefits and immunities provided by this	17096
chapter.	17097

Sec. 4123.54. (A) ~~Every~~Except as otherwise provided in	17098
division (I) of this section, every employee, who is injured or	17099
who contracts an occupational disease, and the dependents of each	17100
employee who is killed, or dies as the result of an occupational	17101
disease contracted in the course of employment, wherever such	17102
injury has occurred or occupational disease has been contracted,	17103
provided the same were not:	17104

(1) Purposely self-inflicted; or

17105

(2) Caused by the employee being intoxicated or under the	17106
influence of a controlled substance not prescribed by a physician	17107
where the intoxication or being under the influence of the	17108
controlled substance not prescribed by a physician was the	17109
proximate cause of the injury, is entitled to receive, either	17110
directly from the employee's self-insuring employer as provided in	17111
section 4123.35 of the Revised Code, or from the state insurance	17112
fund, the compensation for loss sustained on account of the	17113
injury, occupational disease, or death, and the medical, nurse,	17114
and hospital services and medicines, and the amount of funeral	17115
expenses in case of death, as are provided by this chapter.	17116

(B) For the purpose of this section, provided that an	17117
employer has posted written notice to employees that the results	17118
of, or the employee's refusal to submit to, any chemical test	17119
described under this division may affect the employee's	17120
eligibility for compensation and benefits pursuant to this chapter	17121
and Chapter 4121. of the Revised Code, there is a rebuttable	17122
presumption that an employee is intoxicated or under the influence	17123
of a controlled substance not prescribed by the employee's	17124
physician and that being intoxicated or under the influence of a	17125
controlled substance not prescribed by the employee's physician is	17126
the proximate cause of an injury under either of the following	17127
conditions:	17128

(1) When any one or more of the following is true:

17129

(a) The employee, through a qualifying chemical test	17130
administered within eight hours of an injury, is determined to	17131
have an alcohol concentration level equal to or in excess of the	17132
levels established in divisions (A)(1)(b) to (i) of section	17133
4511.19 of the Revised Code;	17134

(b) The employee, through a qualifying chemical test	17135
administered within thirty-two hours of an injury, is determined	17136
to have one of the following controlled substances not prescribed	17137
by the employee's physician in the employee's system that tests	17138
above the following levels in an enzyme multiplied immunoassay	17139
technique screening test and above the levels established in	17140
division (B)(1)(c) of this section in a gas chromatography mass	17141
spectrometry test:	17142

(i) For amphetamines, one thousand nanograms per milliliter	17143
of urine;	17144

(ii) For cannabinoids, fifty nanograms per milliliter of	17145
urine;	17146

(iii) For cocaine, including crack cocaine, three hundred	17147
nanograms per milliliter of urine;	17148

(iv) For opiates, two thousand nanograms per milliliter of	17149
urine;	17150

(v) For phencyclidine, twenty-five nanograms per milliliter	17151
of urine.	17152

(c) The employee, through a qualifying chemical test	17153
administered within thirty-two hours of an injury, is determined	17154
to have one of the following controlled substances not prescribed	17155
by the employee's physician in the employee's system that tests	17156
above the following levels by a gas chromatography mass	17157
spectrometry test:	17158

(i) For amphetamines, five hundred nanograms per milliliter	17159
of urine;	17160

(ii) For cannabinoids, fifteen nanograms per milliliter of	17161
urine;	17162

(iii) For cocaine, including crack cocaine, one hundred fifty	17163
nanograms per milliliter of urine;	17164

(iv) For opiates, two thousand nanograms per milliliter of	17165
urine;	17166

(v) For phencyclidine, twenty-five nanograms per milliliter	17167
of urine.	17168

(d) The employee, through a qualifying chemical test	17169
administered within thirty-two hours of an injury, is determined	17170
to have barbiturates, benzodiazepines, methadone, or propoxyphene	17171
in the employee's system that tests above levels established by	17172
laboratories certified by the United States department of health	17173
and human services.	17174

(2) When the employee refuses to submit to a requested	17175
chemical test, on the condition that that employee is or was given	17176
notice that the refusal to submit to any chemical test described	17177
in division (B)(1) of this section may affect the employee's	17178
eligibility for compensation and benefits under this chapter and	17179
Chapter 4121. of the Revised Code.	17180

(C)(1) For purposes of division (B) of this section, a	17181
chemical test is a qualifying chemical test if it is administered	17182
to an employee after an injury under at least one of the following	17183
conditions:	17184

(a) When the employee's employer had reasonable cause to	17185
suspect that the employee may be intoxicated or under the	17186
influence of a controlled substance not prescribed by the	17187
employee's physician;	17188

(b) At the request of a police officer pursuant to section	17189
4511.191 of the Revised Code, and not at the request of the	17190
employee's employer;	17191

(c) At the request of a licensed physician who is not	17192
employed by the employee's employer, and not at the request of the	17193
employee's employer.	17194

(2) As used in division (C)(1)(a) of this section,	17195
"reasonable cause" means, but is not limited to, evidence that an	17196
employee is or was using alcohol or a controlled substance drawn	17197
from specific, objective facts and reasonable inferences drawn	17198
from these facts in light of experience and training. These facts	17199
and inferences may be based on, but are not limited to, any of the	17200
following:	17201

(a) Observable phenomena, such as direct observation of use,	17202
possession, or distribution of alcohol or a controlled substance,	17203
or of the physical symptoms of being under the influence of	17204
alcohol or a controlled substance, such as but not limited to	17205
slurred speech, dilated pupils, odor of alcohol or a controlled	17206
substance, changes in affect, or dynamic mood swings;	17207

(b) A pattern of abnormal conduct, erratic or aberrant	17208
behavior, or deteriorating work performance such as frequent	17209
absenteeism, excessive tardiness, or recurrent accidents, that	17210
appears to be related to the use of alcohol or a controlled	17211
substance, and does not appear to be attributable to other	17212
factors;	17213

(c) The identification of an employee as the focus of a	17214
criminal investigation into unauthorized possession, use, or	17215
trafficking of a controlled substance;	17216

(d) A report of use of alcohol or a controlled substance	17217
provided by a reliable and credible source;	17218

(e) Repeated or flagrant violations of the safety or work	17219
rules of the employee's employer, that are determined by the	17220
employee's supervisor to pose a substantial risk of physical	17221
injury or property damage and that appear to be related to the use	17222
of alcohol or a controlled substance and that do not appear	17223
attributable to other factors.	17224

(D) Nothing in this section shall be construed to affect the	17225
rights of an employer to test employees for alcohol or controlled	17226
substance abuse.	17227

(E) For the purpose of this section, laboratories certified	17228
by the United States department of health and human services or	17229
laboratories that meet or exceed the standards of that department	17230
for laboratory certification shall be used for processing the test	17231
results of a qualifying chemical test.	17232

(F) The written notice required by division (B) of this	17233
section shall be the same size or larger then the certificate of	17234
premium payment notice furnished by the bureau of workers'	17235
compensation and shall be posted by the employer in the same	17236
location as the certificate of premium payment notice or the	17237
certificate of self-insurance.	17238

(G) If a condition that pre-existed an injury is	17239
substantially aggravated by the injury, and that substantial	17240
aggravation is documented by objective diagnostic findings,	17241
objective clinical findings, or objective test results, no	17242
compensation or benefits are payable because of the pre-existing	17243
condition once that condition has returned to a level that would	17244
have existed without the injury.	17245

(H) Whenever, with respect to an employee of an employer who	17246
is subject to and has complied with this chapter, there is	17247
possibility of conflict with respect to the application of	17248
workers' compensation laws because the contract of employment is	17249
entered into and all or some portion of the work is or is to be	17250
performed in a state or states other than Ohio, the employer and	17251
the employee may agree to be bound by the laws of this state or by	17252
the laws of some other state in which all or some portion of the	17253
work of the employee is to be performed. The agreement shall be in	17254
writing and shall be filed with the bureau of workers'	17255
compensation within ten days after it is executed and shall remain	17256
in force until terminated or modified by agreement of the parties	17257
similarly filed. If the agreement is to be bound by the laws of	17258
this state and the employer has complied with this chapter, then	17259
the employee is entitled to compensation and benefits regardless	17260
of where the injury occurs or the disease is contracted and the	17261
rights of the employee and the employee's dependents under the	17262
laws of this state are the exclusive remedy against the employer	17263
on account of injury, disease, or death in the course of and	17264
arising out of the employee's employment. If the agreement is to	17265
be bound by the laws of another state and the employer has	17266
complied with the laws of that state, the rights of the employee	17267
and the employee's dependents under the laws of that state are the	17268
exclusive remedy against the employer on account of injury,	17269
disease, or death in the course of and arising out of the	17270
employee's employment without regard to the place where the injury	17271
was sustained or the disease contracted.	17272

If any employee or the employee's dependents are awarded	17273
workers' compensation benefits or recover damages from the	17274
employer under the laws of another state, the amount awarded or	17275
recovered, whether paid or to be paid in future installments,	17276
shall be credited on the amount of any award of compensation or	17277
benefits made to the employee or the employee's dependents by the	17278
bureau.	17279

If an employee is a resident of a state other than this state	17280
and is insured under the workers' compensation law or similar laws	17281
of a state other than this state, the employee and the employee's	17282
dependents are not entitled to receive compensation or benefits	17283
under this chapter, on account of injury, disease, or death	17284
arising out of or in the course of employment while temporarily	17285
within this state, and the rights of the employee and the	17286
employee's dependents under the laws of the other state are the	17287
exclusive remedy against the employer on account of the injury,	17288
disease, or death.	17289

(I) If an employee who is covered under the federal	17290
"Longshore and Harbor Workers' Compensation Act," 98 Stat. 1639,	17291
33 U.S.C. 901 et seq., is injured or contracts an occupational	17292
disease or dies as a result of an injury or occupational disease,	17293
and if that employee's or that employee's dependents' claim for	17294
compensation or benefits for that injury, occupational disease, or	17295
death is subject to the jurisdiction of that act, the employee or	17296
the employee's dependents are not entitled to apply for and shall	17297
not receive compensation or benefits under this chapter and	17298
Chapter 4121. of the Revised Code. The rights of such an employee	17299
and the employee's dependents under the federal "Longshore and	17300
Harbor Workers' Compensation Act," 98 Stat. 1639, 33 U.S.C. 901	17301
et seq., are the exclusive remedy against the employer for that	17302
injury, occupational disease, or death.	17303

(J) Compensation or benefits are not payable to a claimant	17304
during the period of confinement of the claimant in any state or	17305
federal correctional institution, or in any county jail in lieu of	17306
incarceration in a state or federal correctional institution,	17307
whether in this or any other state for conviction of violation of	17308
any state or federal criminal law.	17309

Sec. 4131.03. (A) For the relief of persons who are entitled	17310
to receive benefits by virtue of the federal act, there is hereby	17311
established a coal-workers pneumoconiosis fund, which shall be	17312
separate from the funds established and administered pursuant to	17313
Chapter 4123. of the Revised Code. The fund shall consist of	17314
premiums and other payments thereto by subscribers who elect to	17315
subscribe to the fund to insure the payment of benefits required	17316
by the federal act.	17317

(B)(1) The coal-workers pneumoconiosis fund shall be in the	17318
custody of the treasurer of state. The bureau of workers'	17319
compensation shall make disbursements from the fund to those	17320
persons entitled to payment therefrom and in the amounts required	17321
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	17322
investment earnings of the fund shall be credited to the fund.	17323

(2) The administrator of workers' compensation may transfer a	17324
portion of the investment earnings credited to the coal-workers	17325
pneumoconiosis fund to the mine safety fund created in section	17326
1561.24 of the Revised Code for the purposes specified in that	17327
section. The administrator, with the advice and consent of the	17328
bureau of workers' compensation board of directors, shall adopt	17329
rules governing the transfer in order to ensure the solvency of	17330
the coal-workers pneumoconiosis fund. For that purpose, the rules	17331
may establish tests based on measures of net assets, liabilities,	17332
expenses, interest, dividend income, or other factors that the	17333
administrator determines appropriate that may be applied prior to	17334
a transfer.	17335

(C) The administrator ~~of workers' compensation~~ shall have the	17336
same powers to invest any of the surplus or reserve belonging to	17337
the coal-workers pneumoconiosis fund as are delegated to ~~him~~the	17338
administrator under section 4123.44 of the Revised Code with	17339
respect to the state insurance fund.	17340

(D) If the administrator determines that reinsurance of the	17341
risks of the coal-workers pneumoconiosis fund is necessary to	17342
assure solvency of the fund, hethe administrator may:	17343

(1) Enter into contracts for the purchase of reinsurance	17344
coverage of the risks of the fund with any company or agency	17345
authorized by law to issue contracts of reinsurance;	17346

(2) Pay the cost of reinsurance from the fund;

17347

(3) Include the costs of reinsurance as a liability and	17348
estimated liability of the fund.	17349

Sec. 4141.31. (A) Benefits otherwise payable for any week	17350
shall be reduced by the amount of remuneration or other payments a	17351
claimant receives with respect to such week as follows:	17352

(1) Remuneration in lieu of notice;

17353

(2) Compensation for wage loss under division (B) of section	17354
4123.56 of the Revised Code or a similar provision under the	17355
workers' compensation law of any state or the United States;	17356

(3) Payments in the form of retirement, or pension allowances	17357
as provided under section 4141.312 of the Revised Code;	17358

(4) ~~Remuneration~~Except as otherwise provided in division (D)	17359
of this section, remuneration in the form of separation or	17360
termination pay paid to an employee at the time of the employee's	17361
separation from employment;	17362

(5) Vacation pay or allowance payable under the terms of a	17363
labor-management contract or agreement, or other contract of hire,	17364
which payments are allocated to designated weeks.	17365

If payments under this division are paid with respect to a	17366
month then the amount of remuneration deemed to be received with	17367
respect to any week during such month shall be computed by	17368
multiplying such monthly amount by twelve and dividing the product	17369
by fifty-two. If there is no designation of the period with	17370
respect to which payments to an individual are made under this	17371
section then an amount equal to such individual's normal weekly	17372
wage shall be attributed to and deemed paid with respect to the	17373
first and each succeeding week following the individual's	17374
separation or termination from the employment of the employer	17375
making the payment until such amount so paid is exhausted.	17376

If benefits for any week, when reduced as provided in this	17377
division, result in an amount not a multiple of one dollar, such	17378
benefits shall be rounded to the next lower multiple of one	17379
dollar.	17380

Any payment allocated by the employer or the director of job	17381
and family services to weeks under division (A)(1), (4), or (5) of	17382
this section shall be deemed to be remuneration for the purposes	17383
of establishing a qualifying week and a benefit year under	17384
divisions (O)(1) and (R) of section 4141.01 of the Revised Code.	17385

(B) Benefits payable for any week shall not be reduced by the	17386
amount of remuneration a claimant receives with respect to such	17387
week in the form of drill or reserve pay received by a member of	17388
the Ohio national guard or the armed forces reserve for attendance	17389
at a regularly scheduled drill or meeting.	17390

(C) No benefits shall be paid for any week with respect to	17391
which or a part of which an individual has received or is seeking	17392
unemployment benefits under an unemployment compensation law of	17393
any other state or of the United States, provided the	17394
disqualifications shall not apply if the appropriate agency of	17395
such other state or of the United States finally determines that	17396
an individual is not entitled to such unemployment benefits. A	17397
law of the United States providing any payment of any type and in	17398
any amounts for periods of unemployment due to lack of work shall	17399
be considered an unemployment compensation law of the United	17400
States.	17401

(D) ~~Notwithstanding any other provision in this chapter,~~	17402
~~benefits otherwise~~Benefits payable for any week shall not be	17403
reduced by ~~payments that were made~~the amount of military	17404
severance, disability, or separation pay paid to an individual on	17405
~~or after August 1, 1991, pursuant to "The National Defense~~	17406
~~Authorization Act for Fiscal Years 1992 and 1993," Public Law~~	17407
~~102-190, 105 Stat. 1394, 1396, 10 U.S.C.A. 1174a, 1175, in the~~	17408
~~form of voluntary separation incentive payments and special~~	17409
~~separation pay~~who is a former member of the armed forces of the	17410
United States.	17411

Sec. 4141.312. (A) Except as otherwise specified in division	17412
(B) of this section, the amount of benefits payable to a claimant	17413
for any week with respect to which the claimant is receiving a	17414
governmental or other pension, retirement or retired pay, annuity	17415
or any other similar periodic payment which is based on the	17416
previous work of the individual, shall be reduced by an amount	17417
equal to the amount of the pension, retirement or retired pay,	17418
annuity or other payment which is reasonably attributable to that	17419
week, except that the requirements for this division shall apply	17420
to any pension, retirement or retired pay, annuity, or other	17421
similar periodic payment only if both of the following apply:	17422

(1) The payment is under a plan maintained or contributed to	17423
by a base period employer or chargeable employer.	17424

(2) In the case of a payment under a plan not made under the	17425
"Social Security Act," 42 U.S.C. 401 et seq., or the "Railroad	17426
Retirement Act of 1974," 45 U.S.C. 231 et seq., or the	17427
corresponding provisions of prior law, services performed for such	17428
employer by the individual after the beginning of the base period,	17429
or remuneration for such services, affect eligibility for, or	17430
increase the amount of, such pension, retirement or retired pay,	17431
annuity, or similar payment.	17432

(B) ~~The amount of any disability pension, allowance, or~~	17433
~~payment paid to former members of the armed forces of the United~~	17434
~~States which is based on the nature and extent of the disability~~	17435
~~rather than a prior period of employment or service, shall not~~	17436
~~reduce or be deducted from the weekly benefits payable.~~	17437

~~(C)~~ If a claimant has made a contribution to social security	17438
pursuant to the "Social Security Act," 42 U.S.C. 401 et seq., and	17439
that claimant is receiving a retirement payment pursuant to that	17440
act, the claimant's weekly benefit shall not be reduced by the	17441
amount of that retirement payment because the claimant contributed	17442
to social security.	17443

Sec. 4301.355. (A) If a petition is filed under section	17444
4301.333 of the Revised Code for the submission of the question or	17445
questions set forth in this section, it shall be held in the	17446
precinct as ordered by the board of elections under that section.	17447
The expense of holding the election shall be charged to the	17448
municipal corporation or township of which the precinct is a part.	17449

(B) At the election, one or more of the following questions,	17450
as designated in a valid petition, shall be submitted to the	17451
electors of the precinct:	17452

(1) "Shall the sale of .......... (insert beer, wine and	17453
mixed beverages, or spirituous liquor) be permitted by ..........	17454
(insert name of applicant, liquor permit holder, or liquor agency	17455
store, including trade or fictitious name under which applicant	17456
for, or holder of, liquor permit or liquor agency store either	17457
intends to do, or does, business at the particular location), an	17458
.......... (insert "applicant for" or "holder of" or "operator	17459
of") a .......... (insert class name of liquor permit or permits	17460
followed by the words "liquor permit(s)" or, if appropriate, the	17461
words "liquor agency store for the State of Ohio"), who is engaged	17462
in the business of .......... (insert general nature of the	17463
business in which applicant or liquor permit holder is engaged or	17464
will be engaged in at the particular location, as described in the	17465
petition) at .......... (insert address of the particular location	17466
within the precinct as set forth in the petition) in this	17467
precinct?"	17468

(2) "Shall the sale of .......... (insert beer, wine and	17469
mixed beverages, or spirituous liquor) be permitted for sale on	17470
Sunday between the hours of .......... (insert "ten a.m. and	17471
midnight" or "one p.m. and midnight") by .......... (insert name	17472
of applicant, liquor permit holder, or liquor agency store,	17473
including trade or fictitious name under which applicant for, or	17474
holder of, liquor permit or liquor agency store either intends to	17475
do, or does, business at the particular location), an ......	17476
(insert "applicant for a D-6 liquor permit," "holder of a D-6	17477
liquor permit," "applicant for or holder of an A-1-A, A-2, A-3a,	17478
C-1, C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e,	17479
D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, or D-7 liquor permit," if	17480
only the approval of beer sales is sought, or "liquor agency	17481
store") who is engaged in the business of .......... (insert	17482
general nature of the business in which applicant or liquor permit	17483
holder is engaged or will be engaged in at the particular	17484
location, as described in the petition) at .......... (insert	17485
address of the particular location within the precinct) in this	17486
precinct?"	17487

(C) The board of elections shall furnish printed ballots at	17488
the election as provided under section 3505.06 of the Revised	17489
Code, except that a separate ballot shall be used for the election	17490
under this section. The question set forth in this section shall	17491
be printed on each ballot, and the board shall insert in the	17492
question appropriate words to complete it. Votes shall be cast as	17493
provided under section 3505.06 of the Revised Code.	17494

Sec. 4301.421. (A) For the purposes of section 307.696 of	17495
the Revised Code, to pay the expenses of administering the tax,	17496
and to pay any or all of the charge the board of elections makes	17497
against the county to hold the election on the question of levying	17498
the tax, or for those purposes and to provide revenues to the	17499
county for permanent improvements, the board of county	17500
commissioners may levy a tax on the sale of beer at a rate not to	17501
exceed sixteen cents per gallon, on the sale of cider at a rate	17502
not to exceed twenty-four cents per gallon, and on the sale of	17503
wine and mixed beverages at a rate not to exceed thirty-two cents	17504
per gallon. The tax shall be imposed on all beer, cider, wine,	17505
and mixed beverages sold for resale at retail in the county, and	17506
on all beer, cider, wine, and mixed beverages sold at retail in	17507
the county by the manufacturer, bottler, importer, or other person	17508
upon which the tax has not been paid. The tax shall not be levied	17509
on the sale of wine to be used for known sacramental purposes. The	17510
tax may be levied for any number of years not exceeding twenty.	17511
The tax shall be in addition to the taxes imposed by sections	17512
4301.42, 4301.43, 4301.432, and 4305.01 of the Revised Code. The	17513
tax shall not be considered a cost in any computation required	17514
under rules of the liquor control commission regulating minimum	17515
prices or mark-ups.	17516

Only one sale of the same article shall be used in computing,	17517
reporting, and paying the amount of tax due.	17518

The tax shall be levied pursuant to a resolution of the	17519
county commissioners approved by a majority of the electors in the	17520
county voting on the question of levying the tax, which resolution	17521
shall specify the rate of the tax, the number of years the tax	17522
will be levied, and the purposes for which the tax is levied. The	17523
election may be held on the date of a general election or special	17524
election held not sooner than seventy-five days after the date the	17525
board certifies its resolution to the board of elections. If	17526
approved by the electors, the tax shall take effect on the first	17527
day of the month specified in the resolution but not sooner than	17528
the first day of the month that is at least sixty days after the	17529
certification of the election results by the board of elections. A	17530
copy of the resolution levying the tax and the certification of	17531
the board of elections shall be certified to the tax commissioner	17532
at least sixty days prior to the date on which the tax is to	17533
become effective.	17534

A resolution under this section may be joined on the ballot	17535
as a single question with a resolution adopted under section	17536
307.697 or 5743.024 of the Revised Code to levy a tax for the same	17537
purposes and for the purpose of paying the expenses of	17538
administering the tax. The form of the ballot in an election held	17539
pursuant to this section shall be as prescribed in section 307.697	17540
of the Revised Code.	17541

(B) The board of county commissioners of a county in which a	17542
tax is imposed under this section on ~~the effective date of this~~	17543
~~amendment~~July19, 1995, may levy a tax for the purpose of section	17544
307.673 of the Revised Code regardless of whether or not the	17545
cooperative agreement authorized under that section has been	17546
entered into prior to the day the resolution adopted under	17547
division (B)(1) or (2) of this section is adopted, and for the	17548
purpose of reimbursing a county for costs incurred in the	17549
construction of a sports facility pursuant to an agreement entered	17550
into by the county under section 307.696 of the Revised Code. The	17551
tax shall be levied and approved in one of the manners prescribed	17552
by division (B)(1) or (2) of this section.	17553

(1) The tax may be levied pursuant to a resolution adopted by	17554
a majority of the members of the board of county commissioners not	17555
later than ~~forty-five days after the effective date of this~~	17556
~~amendment~~September2, 1995. A board of county commissioners	17557
approving a tax under division (B)(1) of this section may approve	17558
a tax under division (D)(1) of section 307.697 or division (C)(1)	17559
of section 5743.024 of the Revised Code at the same time. Subject	17560
to the resolution being submitted to a referendum under sections	17561
305.31 to 305.41 of the Revised Code, the resolution shall take	17562
effect immediately, but the tax levied pursuant to the resolution	17563
shall not be levied prior to the day following the last day the	17564
tax levied pursuant to division (A) of this section may be levied.	17565

(2) The tax may be levied pursuant to a resolution adopted by	17566
a majority of the members of the board of county commissioners not	17567
later than ~~forty-five days after the effective date of this~~	17568
~~amendment~~September2, 1995, and approved by a majority of the	17569
electors of the county voting on the question of levying the tax	17570
at the next succeeding general election following ~~the effective~~	17571
~~date of this amendment~~July19, 1995. The board of county	17572
commissioners shall certify a copy of the resolution to the board	17573
of elections immediately upon adopting a resolution under division	17574
(D)(2) of this section, and the board of elections shall place the	17575
question of levying the tax on the ballot at that election. The	17576
form of the ballot shall be as prescribed by division (C) of	17577
section 307.697 of the Revised Code, except that the phrase	17578
"paying not more than one-half of the costs of providing a sports	17579
facility together with related redevelopment and economic	17580
development projects" shall be replaced by the phrase "paying the	17581
costs of constructing or renovating a sports facility and	17582
reimbursing a county for costs incurred by the county in the	17583
construction of a sports facility," and the phrase ", beginning	17584
.......... (here insert the earliest date the tax would take	17585
effect)" shall be appended after "years." A board of county	17586
commissioners submitting the question of a tax under division	17587
(B)(2) of this section may submit the question of a tax under	17588
division (D)(2) of section 307.697 or division (C)(2) of section	17589
5743.024 of the Revised Code as a single question, and the form of	17590
the ballot shall include each of the proposed taxes.	17591

If approved by a majority of electors voting on the question,	17592
the tax shall take effect on the day specified on the ballot,	17593
which shall not be earlier than the day following the last day the	17594
tax levied pursuant to division (A) of this section may be levied.	17595

The rate of a tax levied pursuant to division (B)(1) or (2)	17596
of this section shall not exceed the rate specified in division	17597
(A) of this section. A tax levied pursuant to division (B)(1) or	17598
(2) of this section may be levied for any number of years not	17599
exceeding twenty.	17600

A board of county commissioners adopting a resolution under	17601
division (B)(1) or (2) of this section shall certify a copy of the	17602
resolution to the tax commissioner immediately upon adoption of	17603
the resolution.	17604

(C) No tax shall be levied under this section on or after the	17605
effective date of the amendment of this section by ....... of the	17606
127th general assembly. This division does not prevent the	17607
collection of any tax levied under this section before that date	17608
so long as that tax remains effective.	17609

Sec. 4301.424. (A) For the purpose of section 351.26 of the	17610
Revised Code and to pay any or all of the charge the board of	17611
elections makes against the county to hold the election on the	17612
question of levying the tax, the board of county commissioners, in	17613
the manner prescribed by division (A) of section 351.26 of the	17614
Revised Code, may levy a tax on each gallon of spirituous liquor;	17615
on the sale of beer; and on the sale of wine and mixed beverages.	17616
The tax on spirituous liquor shall be imposed on spirituous liquor	17617
sold to or purchased by liquor permit holders for resale, and sold	17618
at retail by the division of liquor control, in the county at a	17619
rate not greater than three dollars per gallon; the tax on beer,	17620
wine, and mixed beverages shall be imposed on all beer, wine, and	17621
mixed beverages sold for resale at retail in the county, and on	17622
all beer, wine, and mixed beverages sold at retail in the county	17623
by the manufacturer, bottler, importer, or other person and upon	17624
which the tax has not been paid. The rate of the tax on beer shall	17625
not exceed sixteen cents per gallon, and the rate of the tax on	17626
wine and mixed beverages shall not exceed thirty-two cents per	17627
gallon. Only one sale of the same article shall be used in	17628
computing, reporting, and paying the amount of tax due. The tax	17629
may be levied for any number of years not exceeding twenty.	17630

The tax shall be levied pursuant to a resolution of the board	17631
of county commissioners adopted as prescribed by division (A) of	17632
section 351.26 of the Revised Code and approved by a majority of	17633
the electors in the county voting on the question of levying the	17634
tax. The resolution shall specify the rates of the tax, the number	17635
of years the tax will be levied, and the purposes for which the	17636
tax is levied. Such election may be held on the date of a general	17637
or special election held not sooner than seventy-five days after	17638
the date the board certifies its resolution to the board of	17639
elections. If approved by the electors, the tax takes effect on	17640
the first day of the month specified in the resolution but not	17641
sooner than the first day of the month that is at least sixty days	17642
after the certification of the election results by the board of	17643
elections. A copy of the resolution levying the tax shall be	17644
certified to the division of liquor control and the tax	17645
commissioner at least sixty days prior to the date on which the	17646
tax is to become effective.	17647

(B) A resolution under this section may be joined on the	17648
ballot as a single question with a resolution adopted under	17649
section 5743.026 of the Revised Code to levy a tax for the same	17650
purposes, and for the purpose of paying the expenses of	17651
administering that tax.	17652

(C) The form of the ballot in an election held on the	17653
question of levying a tax proposed pursuant to this section shall	17654
be as prescribed by section 351.26 of the Revised Code.	17655

(D) No tax shall be levied under this section on or after the	17656
effective date of the amendment of this section by the capital	17657
appropriations act of the 127th general assembly. This division	17658
does not prevent the collection of any tax levied under this	17659
section before that date so long as that tax remains effective.	17660

Sec. 4301.62. (A) As used in this section:

17661

(1) "Chauffeured limousine" means a vehicle registered under	17662
section 4503.24 of the Revised Code.	17663

(2) "Street," "highway," and "motor vehicle" have the same	17664
meanings as in section 4511.01 of the Revised Code.	17665

(B) No person shall have in the person's possession an opened	17666
container of beer or intoxicating liquor in any of the following	17667
circumstances:	17668

(1) In a state liquor store;

17669

(2) Except as provided in division (C) of this section, on	17670
the premises of the holder of any permit issued by the division of	17671
liquor control;	17672

(3) In any other public place;

17673

(4) Except as provided in division (D) or (E) of this	17674
section, while operating or being a passenger in or on a motor	17675
vehicle on any street, highway, or other public or private	17676
property open to the public for purposes of vehicular travel or	17677
parking;	17678

(5) Except as provided in division (D) or (E) of this	17679
section, while being in or on a stationary motor vehicle on any	17680
street, highway, or other public or private property open to the	17681
public for purposes of vehicular travel or parking.	17682

(C)(1) A person may have in the person's possession an opened	17683
container of any of the following:	17684

(a) Beer or intoxicating liquor that has been lawfully	17685
purchased for consumption on the premises where bought from the	17686
holder of an A-1-A, A-2, A-3a, D-1, D-2, D-3, D-3a, D-4, D-4a,	17687
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	17688
D-5k, D-7, D-8, E, F, F-2, or F-5 permit;	17689

(b) Beer, wine, or mixed beverages served for consumption on	17690
the premises by the holder of an F-3 permit or wine served for	17691
consumption on the premises by the holder of an F-4 or F-6 permit;	17692

(c) Beer or intoxicating liquor consumed on the premises of a	17693
convention facility as provided in section 4303.201 of the Revised	17694
Code;	17695

(d) Beer or intoxicating liquor to be consumed during	17696
tastings and samplings approved by rule of the liquor control	17697
commission.	17698

(2) A person may have in the person's possession on an F	17699
liquor permit premises an opened container of beer or intoxicating	17700
liquor that was not purchased from the holder of the F permit if	17701
the premises for which the F permit is issued is a music festival	17702
and the holder of the F permit grants permission for that	17703
possession on the premises during the period for which the F	17704
permit is issued. As used in this division, "music festival" means	17705
a series of outdoor live musical performances, extending for a	17706
period of at least three consecutive days and located on an area	17707
of land of at least forty acres.	17708

(3)(a) A person may have in the person's possession on a D-2	17709
liquor permit premises an opened or unopened container of wine	17710
that was not purchased from the holder of the D-2 permit if the	17711
premises for which the D-2 permit is issued is an outdoor	17712
performing arts center, the person is attending an orchestral	17713
performance, and the holder of the D-2 permit grants permission	17714
for the possession and consumption of wine in certain	17715
predesignated areas of the premises during the period for which	17716
the D-2 permit is issued.	17717

(b) As used in division (C)(3)(a) of this section:

17718

(i) "Orchestral performance" means a concert comprised of a	17719
group of not fewer than forty musicians playing various musical	17720
instruments.	17721

(ii) "Outdoor performing arts center" means an outdoor	17722
performing arts center that is located on not less than eight	17723
hundred acres of land and that is open for performances from the	17724
first day of April to the last day of October of each year.	17725

(D) This section does not apply to a person who pays all or a	17726
portion of the fee imposed for the use of a chauffeured limousine	17727
pursuant to a prearranged contract, or the guest of the person,	17728
when all of the following apply:	17729

(1) The person or guest is a passenger in the limousine.

17730

(2) The person or guest is located in the limousine, but is	17731
not occupying a seat in the front compartment of the limousine	17732
where the operator of the limousine is located.	17733

(3) The limousine is located on any street, highway, or other	17734
public or private property open to the public for purposes of	17735
vehicular travel or parking.	17736

(E) An opened bottle of wine that was purchased from the	17737
holder of a permit that authorizes the sale of wine for	17738
consumption on the premises where sold is not an opened container	17739
for the purposes of this section if both of the following apply:	17740

(1) The opened bottle of wine is securely resealed by the	17741
permit holder or an employee of the permit holder before the	17742
bottle is removed from the premises. The bottle shall be secured	17743
in such a manner that it is visibly apparent if the bottle has	17744
been subsequently opened or tampered with.	17745

(2) The opened bottle of wine that is resealed in accordance	17746
with division (E)(1) of this section is stored in the trunk of a	17747
motor vehicle or, if the motor vehicle does not have a trunk,	17748
behind the last upright seat or in an area not normally occupied	17749
by the driver or passengers and not easily accessible by the	17750
driver.	17751

Sec. 4303.041. An A-3a permit may be issued to a distiller	17752
that manufactures less than ten thousand gallons of spirituous	17753
liquor per year. An A-3a permit holder may sell to a personal	17754
consumer, in sealed containers for consumption off the premises	17755
where manufactured, spirituous liquor that the permit holder	17756
manufactures, but sales to the personal consumer may occur only by	17757
an in-person transaction at the permit premises. The A-3a permit	17758
holder shall not ship, send, or use an H permit holder to deliver	17759
spirituous liquor to the personal consumer.	17760

"Distiller" means a person in this state who mashes,	17761
ferments, distills, and ages spirituous liquor.	17762

Not more than one A-3a permit may be issued per county and	17763
only in a county with a population exceeding eight hundred	17764
thousand.	17765

An A-3a permit holder shall sell not more than one and	17766
one-half liters of spirituous liquor per day from the permit	17767
premises to the same personal consumer.	17768

An A-3a permit holder may sell spirituous liquor in sealed	17769
containers for consumption off the premises where manufactured as	17770
an independent contractor under agreement, by virtue of the	17771
permit, with the division of liquor control. The price at which	17772
the A-3a permit holder shall sell each spirituous liquor product	17773
to a personal consumer is to be determined by the division of	17774
liquor control. For an A-3a permit holder to purchase and then	17775
offer spirituous liquor for retail sale, the spirituous liquor	17776
need not first leave the physical possession of the A-3a permit	17777
holder to be so registered. The spirituous liquor that the A-3a	17778
permit holder buys from the division of liquor control shall be	17779
maintained in a separate area of the permit premises for sale to	17780
personal consumers. The A-3a permit holder shall sell such	17781
spirituous liquor in sealed containers for consumption off the	17782
premises where manufactured as an independent contractor by virtue	17783
of the permit issued by the division of liquor control, but the	17784
permit holder shall not be compensated as provided in division	17785
(A)(1) of section 4301.17 of the Revised Code. Each A-3a permit	17786
holder shall be subject to audit by the division of liquor	17787
control.	17788

The fee for the A-3a permit is three thousand nine hundred	17789
six dollars for each plant, but if the production capacity of a	17790
plant is less than five hundred wine barrels of fifty gallons each	17791
annually, the fee is two dollars per barrel.	17792

The holder of an A-3a permit may also exercise the same	17793
privileges as the holder of an A-3 permit.	17794

Sec. 4303.182. (A) Except as otherwise provided in divisions	17795
(B) to (J) of this section, permit D-6 shall be issued to the	17796
holder of an A-1-A, A-2, A-3a, C-2, D-2, D-3, D-3a, D-4, D-4a,	17797
D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j,	17798
D-5k, or D-7 permit to allow sale under that permit between the	17799
hours of ten a.m. and midnight, or between the hours of one p.m.	17800
and midnight, on Sunday, as applicable, if that sale has been	17801
authorized under section 4301.361, 4301.364, 4301.365, or	17802
4301.366 of the Revised Code and under the restrictions of that	17803
authorization.	17804

(B) Permit D-6 shall be issued to the holder of any permit,	17805
including a D-4a and D-5d permit, authorizing the sale of	17806
intoxicating liquor issued for a premises located at any publicly	17807
owned airport, as defined in section 4563.01 of the Revised Code,	17808
at which commercial airline companies operate regularly scheduled	17809
flights on which space is available to the public, to allow sale	17810
under such permit between the hours of ten a.m. and midnight on	17811
Sunday, whether or not that sale has been authorized under section	17812
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	17813

(C) Permit D-6 shall be issued to the holder of a D-5a	17814
permit, and to the holder of a D-3 or D-3a permit who is the owner	17815
or operator of a hotel or motel that is required to be licensed	17816
under section 3731.03 of the Revised Code, that contains at least	17817
fifty rooms for registered transient guests, and that has on its	17818
premises a retail food establishment or a food service operation	17819
licensed pursuant to Chapter 3717. of the Revised Code that	17820
operates as a restaurant for purposes of this chapter and is	17821
affiliated with the hotel or motel and within or contiguous to the	17822
hotel or motel and serving food within the hotel or motel, to	17823
allow sale under such permit between the hours of ten a.m. and	17824
midnight on Sunday, whether or not that sale has been authorized	17825
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	17826
Revised Code.	17827

(D) The holder of a D-6 permit that is issued to a sports	17828
facility may make sales under the permit between the hours of	17829
eleven a.m. and midnight on any Sunday on which a professional	17830
baseball, basketball, football, hockey, or soccer game is being	17831
played at the sports facility. As used in this division, "sports	17832
facility" means a stadium or arena that has a seating capacity of	17833
at least four thousand and that is owned or leased by a	17834
professional baseball, basketball, football, hockey, or soccer	17835
franchise or any combination of those franchises.	17836

(E) Permit D-6 shall be issued to the holder of any permit	17837
that authorizes the sale of beer or intoxicating liquor and that	17838
is issued to a premises located in or at the Ohio historical	17839
society area or the state fairgrounds, as defined in division (B)	17840
of section 4301.40 of the Revised Code, to allow sale under that	17841
permit between the hours of ten a.m. and midnight on Sunday,	17842
whether or not that sale has been authorized under section	17843
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	17844

(F) Permit D-6 shall be issued to the holder of any permit	17845
that authorizes the sale of intoxicating liquor and that is issued	17846
to an outdoor performing arts center to allow sale under that	17847
permit between the hours of one p.m. and midnight on Sunday,	17848
whether or not that sale has been authorized under section	17849
4301.361 of the Revised Code. A D-6 permit issued under this	17850
division is subject to the results of an election, held after the	17851
D-6 permit is issued, on question (B)(4) as set forth in section	17852
4301.351 of the Revised Code. Following the end of the period	17853
during which an election may be held on question (B)(4) as set	17854
forth in that section, sales of intoxicating liquor may continue	17855
at an outdoor performing arts center under a D-6 permit issued	17856
under this division, unless an election on that question is held	17857
during the permitted period and a majority of the voters voting in	17858
the precinct on that question vote "no."	17859

As used in this division, "outdoor performing arts center"	17860
means an outdoor performing arts center that is located on not	17861
less than eight hundred acres of land and that is open for	17862
performances from the first day of April to the last day of	17863
October of each year.	17864

(G) Permit D-6 shall be issued to the holder of any permit	17865
that authorizes the sale of beer or intoxicating liquor and that	17866
is issued to a golf course owned by the state, a conservancy	17867
district, a park district created under Chapter 1545. of the	17868
Revised Code, or another political subdivision to allow sale under	17869
that permit between the hours of ten a.m. and midnight on Sunday,	17870
whether or not that sale has been authorized under section	17871
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	17872

(H) Permit D-6 shall be issued to the holder of a D-5g permit	17873
to allow sale under that permit between the hours of ten a.m. and	17874
midnight on Sunday, whether or not that sale has been authorized	17875
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	17876
Revised Code.	17877

(I) Permit D-6 shall be issued to the holder of any D permit	17878
for a premises that is licensed under Chapter 3717. of the Revised	17879
Code and that is located at a ski area to allow sale under the D-6	17880
permit between the hours of ten a.m. and midnight on Sunday,	17881
whether or not that sale has been authorized under section	17882
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	17883

As used in this division, "ski area" means a ski area as	17884
defined in section 4169.01 of the Revised Code, provided that the	17885
passenger tramway operator at that area is registered under	17886
section 4169.03 of the Revised Code.	17887

(J) Permit D-6 shall be issued to the holder of a D-5j permit	17888
for a permit premises that is located in a community entertainment	17889
district, as defined in section 4301.80 of the Revised Code, that	17890
was approved by the legislative authority of a municipal	17891
corporation under that section between October 1 and October 15,	17892
2005, to allow sale under the permit between the hours of ten a.m.	17893
and midnight on Sunday, whether or not that sale has been	17894
authorized under section 4301.361, 4301.364, 4301.365, or 4301.366	17895
of the Revised Code.	17896

(K) If the restriction to licensed premises where the sale of	17897
food and other goods and services exceeds fifty per cent of the	17898
total gross receipts of the permit holder at the premises is	17899
applicable, the division of liquor control may accept an affidavit	17900
from the permit holder to show the proportion of the permit	17901
holder's gross receipts derived from the sale of food and other	17902
goods and services. If the liquor control commission determines	17903
that affidavit to have been false, it shall revoke the permits of	17904
the permit holder at the premises concerned.	17905

(L) The fee for the D-6 permit is five hundred dollars when	17906
it is issued to the holder of an A-1-A, A-2, A-3a, D-2, D-3, D-3a,	17907
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h,	17908
D-5i, D-5j, D-5k, or D-7 permit. The fee for the D-6 permit is	17909
four hundred dollars when it is issued to the holder of a C-2	17910
permit.	17911

Sec. 4510.10. (A) As used in this section, "reinstatement	17912
fees" means the fees that are required under section 4507.1612,	17913
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other	17914
provision of the Revised Code, or under a schedule established by	17915
the bureau of motor vehicles, in order to reinstate a driver's or	17916
commercial driver's license or permit or nonresident operating	17917
privilege of an offender under a suspension.	17918

(B) Reinstatement fees are those fees that compensate the	17919
bureau of motor vehicles for suspensions, cancellations, or	17920
disqualifications of a person's driving privileges and to	17921
compensate the bureau and other agencies in their administration	17922
of programs intended to reduce and eliminate threats to public	17923
safety through education, treatment, and other activities. The	17924
registrar of motor vehicles shall not reinstate a driver's or	17925
commercial driver's license or permit or nonresident operating	17926
privilege of a person until the person has paid all reinstatement	17927
fees and has complied with all conditions for each suspension,	17928
cancellation, or disqualification incurred by that person.	17929

(C) AnWhen a municipal court or county court determines in a	17930
pending case involving an offender that the offender cannot	17931
reasonably pay reinstatement fees due and owing by the offender	17932
relative to one or more suspensions that have been or will be	17933
imposed by the bureau of motor vehicles or by a court of this	17934
state, the court, by order, may undertake an installment payment	17935
plan or a payment extension plan for the payment of reinstatement	17936
fees due and owing to the bureau in that pending case. The court	17937
shall establish an installment payment plan or a payment	17938
extension plan under this division in accordance with the	17939
requirements of divisions (D)(1) and (2) of this section.	17940

(D) Independent of the provisions of division (C) of this	17941
section, an offender who cannot reasonably pay reinstatement fees	17942
due and owing by the offender relative to a suspension that has	17943
been imposed on the offender may file a petition in the municipal	17944
court, county court, or, if the person is under the age of	17945
eighteen, the juvenile division of the court of common pleas in	17946
whose jurisdiction the person resides or, if the person is not a	17947
resident of this state, in the Franklin county municipal court or	17948
juvenile division of the Franklin county court of common pleas for	17949
an order that does either of the following, in order of	17950
preference:	17951

(1) Establishes a reasonable payment plan of not less than	17952
fifty dollars per month, to be paid by the offender to the bureau	17953
of motor vehicles in all succeeding months until all reinstatement	17954
fees required of the offender are paid in full;	17955

(2) If the offender, but for the payment of the reinstatement	17956
fees, otherwise would be entitled to operate a vehicle in this	17957
state or to obtain reinstatement of the offender's operating	17958
privileges, permits the offender to operate a motor vehicle, as	17959
authorized by the court, until a future date upon which date all	17960
reinstatement fees must be paid in full. A payment extension	17961
granted under this division shall not exceed one hundred eighty	17962
days, and any operating privileges granted under this division	17963
shall be solely for the purpose of permitting the offender	17964
occupational or "family necessity" privileges in order to enable	17965
the offender to reasonably acquire the delinquent reinstatement	17966
fees due and owing.	17967

~~(D)~~(E) If a municipal court, county court, or juvenile	17968
division enters an order of the type described in division (C) or	17969
division (D)(1) or (2) of this section, the court, at any time	17970
after the issuance of the order, may determine that a change of	17971
circumstances has occurred and may amend the order as justice	17972
requires, provided that the amended order also shall be an order	17973
that is permitted under division (C) or division (D)(1) or (2) of	17974
this section.	17975

~~(E)~~(F) If a court enters an order of the type described in	17976
division (C), (D)(1), ~~(C)~~(D)(2), or ~~(D)~~(E) of this section, during	17977
the pendency of the order, the offender in relation to whom it	17978
applies is not subject to prosecution for failing to pay the	17979
reinstatement fees covered by the order.	17980

~~(F)~~(G) Reinstatement fees are debts that may be discharged in	17981
bankruptcy.	17982

Sec. 4511.01. As used in this chapter and in Chapter 4513.	17983
of the Revised Code:	17984

(A) "Vehicle" means every device, including a motorized	17985
bicycle, in, upon, or by which any person or property may be	17986
transported or drawn upon a highway, except that "vehicle" does	17987
not include any motorized wheelchair, any electric personal	17988
assistive mobility device, any device that is moved by power	17989
collected from overhead electric trolley wires or that is used	17990
exclusively upon stationary rails or tracks, or any device, other	17991
than a bicycle, that is moved by human power.	17992

(B) "Motor vehicle" means every vehicle propelled or drawn by	17993
power other than muscular power or power collected from overhead	17994
electric trolley wires, except motorized bicycles, road rollers,	17995
traction engines, power shovels, power cranes, and other equipment	17996
used in construction work and not designed for or employed in	17997
general highway transportation, hole-digging machinery,	17998
well-drilling machinery, ditch-digging machinery, farm machinery,	17999
and trailers designed and used exclusively to transport a boat	18000
between a place of storage and a marina, or in and around a	18001
marina, when drawn or towed on a street or highway for a distance	18002
of no more than ten miles and at a speed of twenty-five miles per	18003
hour or less.	18004

(C) "Motorcycle" means every motor vehicle, other than a	18005
tractor, having a seat or saddle for the use of the operator and	18006
designed to travel on not more than three wheels in contact with	18007
the ground, including, but not limited to, motor vehicles known as	18008
"motor-driven cycle," "motor scooter," or "motorcycle" without	18009
regard to weight or brake horsepower.	18010

(D) "Emergency vehicle" means emergency vehicles of	18011
municipal, township, or county departments or public utility	18012
corporations when identified as such as required by law, the	18013
director of public safety, or local authorities, and motor	18014
vehicles when commandeered by a police officer.	18015

(E) "Public safety vehicle" means any of the following:

18016

(1) Ambulances, including private ambulance companies under	18017
contract to a municipal corporation, township, or county, and	18018
private ambulances and nontransport vehicles bearing license	18019
plates issued under section 4503.49 of the Revised Code;	18020

(2) Motor vehicles used by public law enforcement officers or	18021
other persons sworn to enforce the criminal and traffic laws of	18022
the state;	18023

(3) Any motor vehicle when properly identified as required by	18024
the director of public safety, when used in response to fire	18025
emergency calls or to provide emergency medical service to ill or	18026
injured persons, and when operated by a duly qualified person who	18027
is a member of a volunteer rescue service or a volunteer fire	18028
department, and who is on duty pursuant to the rules or directives	18029
of that service. The state fire marshal shall be designated by the	18030
director of public safety as the certifying agency for all public	18031
safety vehicles described in division (E)(3) of this section.	18032

(4) Vehicles used by fire departments, including motor	18033
vehicles when used by volunteer fire fighters responding to	18034
emergency calls in the fire department service when identified as	18035
required by the director of public safety.	18036

Any vehicle used to transport or provide emergency medical	18037
service to an ill or injured person, when certified as a public	18038
safety vehicle, shall be considered a public safety vehicle when	18039
transporting an ill or injured person to a hospital regardless of	18040
whether such vehicle has already passed a hospital.	18041

(5) Vehicles used by the motor carrier enforcement unit for	18042
the enforcement of orders and rules of the public utilities	18043
commission as specified in section 5503.34 of the Revised Code.	18044

(F) "School bus" means every bus designed for carrying more	18045
than nine passengers that is owned by a public, private, or	18046
governmental agency or institution of learning and operated for	18047
the transportation of children to or from a school session or a	18048
school function, or owned by a private person and operated for	18049
compensation for the transportation of children to or from a	18050
school session or a school function, provided "school bus" does	18051
not include a bus operated by a municipally owned transportation	18052
system, a mass transit company operating exclusively within the	18053
territorial limits of a municipal corporation, or within such	18054
limits and the territorial limits of municipal corporations	18055
immediately contiguous to such municipal corporation, nor a common	18056
passenger carrier certified by the public utilities commission	18057
unless such bus is devoted exclusively to the transportation of	18058
children to and from a school session or a school function, and	18059
"school bus" does not include a van or bus used by a licensed	18060
child day-care center or type A family day-care home to transport	18061
children from the child day-care center or type A family day-care	18062
home to a school if the van or bus does not have more than fifteen	18063
children in the van or bus at any time.	18064

(G) "Bicycle" means every device, other than a tricycle	18065
designed solely for use as a play vehicle by a child, propelled	18066
solely by human power upon which any person may ride having either	18067
two tandem wheels, or one wheel in the front and two wheels in the	18068
rear, any of which is more than fourteen inches in diameter.	18069

(H) "Motorized bicycle" means any vehicle having either two	18070
tandem wheels or one wheel in the front and two wheels in the	18071
rear, that is capable of being pedaled and is equipped with a	18072
helper motor of not more than fifty cubic centimeters piston	18073
displacement that produces no more than one brake horsepower and	18074
is capable of propelling the vehicle at a speed of no greater than	18075
twenty miles per hour on a level surface.	18076

(I) "Commercial tractor" means every motor vehicle having	18077
motive power designed or used for drawing other vehicles and not	18078
so constructed as to carry any load thereon, or designed or used	18079
for drawing other vehicles while carrying a portion of such other	18080
vehicles, or load thereon, or both.	18081

(J) "Agricultural tractor" means every self-propelling	18082
vehicle designed or used for drawing other vehicles or wheeled	18083
machinery but having no provision for carrying loads independently	18084
of such other vehicles, and used principally for agricultural	18085
purposes.	18086

(K) "Truck" means every motor vehicle, except trailers and	18087
semitrailers, designed and used to carry property.	18088

(L) "Bus" means every motor vehicle designed for carrying	18089
more than nine passengers and used for the transportation of	18090
persons other than in a ridesharing arrangement, and every motor	18091
vehicle, automobile for hire, or funeral car, other than a taxicab	18092
or motor vehicle used in a ridesharing arrangement, designed and	18093
used for the transportation of persons for compensation.	18094

(M) "Trailer" means every vehicle designed or used for	18095
carrying persons or property wholly on its own structure and for	18096
being drawn by a motor vehicle, including any such vehicle when	18097
formed by or operated as a combination of a "semitrailer" and a	18098
vehicle of the dolly type, such as that commonly known as a	18099
"trailer dolly," a vehicle used to transport agricultural produce	18100
or agricultural production materials between a local place of	18101
storage or supply and the farm when drawn or towed on a street or	18102
highway at a speed greater than twenty-five miles per hour, and a	18103
vehicle designed and used exclusively to transport a boat between	18104
a place of storage and a marina, or in and around a marina, when	18105
drawn or towed on a street or highway for a distance of more than	18106
ten miles or at a speed of more than twenty-five miles per hour.	18107

(N) "Semitrailer" means every vehicle designed or used for	18108
carrying persons or property with another and separate motor	18109
vehicle so that in operation a part of its own weight or that of	18110
its load, or both, rests upon and is carried by another vehicle.	18111

(O) "Pole trailer" means every trailer or semitrailer	18112
attached to the towing vehicle by means of a reach, pole, or by	18113
being boomed or otherwise secured to the towing vehicle, and	18114
ordinarily used for transporting long or irregular shaped loads	18115
such as poles, pipes, or structural members capable, generally, of	18116
sustaining themselves as beams between the supporting connections.	18117

(P) "Railroad" means a carrier of persons or property	18118
operating upon rails placed principally on a private right-of-way.	18119

(Q) "Railroad train" means a steam engine or an electric or	18120
other motor, with or without cars coupled thereto, operated by a	18121
railroad.	18122

(R) "Streetcar" means a car, other than a railroad train, for	18123
transporting persons or property, operated upon rails principally	18124
within a street or highway.	18125

(S) "Trackless trolley" means every car that collects its	18126
power from overhead electric trolley wires and that is not	18127
operated upon rails or tracks.	18128

(T) "Explosives" means any chemical compound or mechanical	18129
mixture that is intended for the purpose of producing an explosion	18130
that contains any oxidizing and combustible units or other	18131
ingredients in such proportions, quantities, or packing that an	18132
ignition by fire, by friction, by concussion, by percussion, or by	18133
a detonator of any part of the compound or mixture may cause such	18134
a sudden generation of highly heated gases that the resultant	18135
gaseous pressures are capable of producing destructive effects on	18136
contiguous objects, or of destroying life or limb. Manufactured	18137
articles shall not be held to be explosives when the individual	18138
units contain explosives in such limited quantities, of such	18139
nature, or in such packing, that it is impossible to procure a	18140
simultaneous or a destructive explosion of such units, to the	18141
injury of life, limb, or property by fire, by friction, by	18142
concussion, by percussion, or by a detonator, such as fixed	18143
ammunition for small arms, firecrackers, or safety fuse matches.	18144

(U) "Flammable liquid" means any liquid that has a flash	18145
point of seventy degrees fahrenheit, or less, as determined by a	18146
tagliabue or equivalent closed cup test device.	18147

(V) "Gross weight" means the weight of a vehicle plus the	18148
weight of any load thereon.	18149

(W) "Person" means every natural person, firm,	18150
co-partnership, association, or corporation.	18151

(X) "Pedestrian" means any natural person afoot.

18152

(Y) "Driver or operator" means every person who drives or is	18153
in actual physical control of a vehicle, trackless trolley, or	18154
streetcar.	18155

(Z) "Police officer" means every officer authorized to direct	18156
or regulate traffic, or to make arrests for violations of traffic	18157
regulations.	18158

(AA) "Local authorities" means every county, municipal, and	18159
other local board or body having authority to adopt police	18160
regulations under the constitution and laws of this state.	18161

(BB) "Street" or "highway" means the entire width between the	18162
boundary lines of every way open to the use of the public as a	18163
thoroughfare for purposes of vehicular travel.	18164

(CC) "Controlled-access highway" means every street or	18165
highway in respect to which owners or occupants of abutting lands	18166
and other persons have no legal right of access to or from the	18167
same except at such points only and in such manner as may be	18168
determined by the public authority having jurisdiction over such	18169
street or highway.	18170

(DD) "Private road or driveway" means every way or place in	18171
private ownership used for vehicular travel by the owner and those	18172
having express or implied permission from the owner but not by	18173
other persons.	18174

(EE) "Roadway" means that portion of a highway improved,	18175
designed, or ordinarily used for vehicular travel, except the berm	18176
or shoulder. If a highway includes two or more separate roadways	18177
the term "roadway" means any such roadway separately but not all	18178
such roadways collectively.	18179

(FF) "Sidewalk" means that portion of a street between the	18180
curb lines, or the lateral lines of a roadway, and the adjacent	18181
property lines, intended for the use of pedestrians.	18182

(GG) "Laned highway" means a highway the roadway of which is	18183
divided into two or more clearly marked lanes for vehicular	18184
traffic.	18185

(HH) "Through highway" means every street or highway as	18186
provided in section 4511.65 of the Revised Code.	18187

(II) "State highway" means a highway under the jurisdiction	18188
of the department of transportation, outside the limits of	18189
municipal corporations, provided that the authority conferred upon	18190
the director of transportation in section 5511.01 of the Revised	18191
Code to erect state highway route markers and signs directing	18192
traffic shall not be modified by sections 4511.01 to 4511.79 and	18193
4511.99 of the Revised Code.	18194

(JJ) "State route" means every highway that is designated	18195
with an official state route number and so marked.	18196

(KK) "Intersection" means:

18197

(1) The area embraced within the prolongation or connection	18198
of the lateral curb lines, or, if none, then the lateral boundary	18199
lines of the roadways of two highways which join one another at,	18200
or approximately at, right angles, or the area within which	18201
vehicles traveling upon different highways joining at any other	18202
angle may come in conflict.	18203

(2) Where a highway includes two roadways thirty feet or more	18204
apart, then every crossing of each roadway of such divided highway	18205
by an intersecting highway shall be regarded as a separate	18206
intersection. If an intersecting highway also includes two	18207
roadways thirty feet or more apart, then every crossing of two	18208
roadways of such highways shall be regarded as a separate	18209
intersection.	18210

(3) The junction of an alley with a street or highway, or	18211
with another alley, shall not constitute an intersection.	18212

(LL) "Crosswalk" means:

18213

(1) That part of a roadway at intersections ordinarily	18214
included within the real or projected prolongation of property	18215
lines and curb lines or, in the absence of curbs, the edges of the	18216
traversable roadway;	18217

(2) Any portion of a roadway at an intersection or elsewhere,	18218
distinctly indicated for pedestrian crossing by lines or other	18219
markings on the surface;	18220

(3) Notwithstanding divisions (LL)(1) and (2) of this	18221
section, there shall not be a crosswalk where local authorities	18222
have placed signs indicating no crossing.	18223

(MM) "Safety zone" means the area or space officially set	18224
apart within a roadway for the exclusive use of pedestrians and	18225
protected or marked or indicated by adequate signs as to be	18226
plainly visible at all times.	18227

(NN) "Business district" means the territory fronting upon a	18228
street or highway, including the street or highway, between	18229
successive intersections within municipal corporations where fifty	18230
per cent or more of the frontage between such successive	18231
intersections is occupied by buildings in use for business, or	18232
within or outside municipal corporations where fifty per cent or	18233
more of the frontage for a distance of three hundred feet or more	18234
is occupied by buildings in use for business, and the character of	18235
such territory is indicated by official traffic control devices.	18236

(OO) "Residence district" means the territory, not comprising	18237
a business district, fronting on a street or highway, including	18238
the street or highway, where, for a distance of three hundred feet	18239
or more, the frontage is improved with residences or residences	18240
and buildings in use for business.	18241

(PP) "Urban district" means the territory contiguous to and	18242
including any street or highway which is built up with structures	18243
devoted to business, industry, or dwelling houses situated at	18244
intervals of less than one hundred feet for a distance of a	18245
quarter of a mile or more, and the character of such territory is	18246
indicated by official traffic control devices.	18247

(QQ) "Traffic control devices" means all flaggers, signs,	18248
signals, markings, and devices placed or erected by authority of a	18249
public body or official having jurisdiction, for the purpose of	18250
regulating, warning, or guiding traffic, including signs denoting	18251
names of streets and highways.	18252

(RR) "Traffic control signal" means any device, whether	18253
manually, electrically, or mechanically operated, by which traffic	18254
is alternately directed to stop, to proceed, to change direction,	18255
or not to change direction.	18256

(SS) "Railroad sign or signal" means any sign, signal, or	18257
device erected by authority of a public body or official or by a	18258
railroad and intended to give notice of the presence of railroad	18259
tracks or the approach of a railroad train.	18260

(TT) "Traffic" means pedestrians, ridden or herded animals,	18261
vehicles, streetcars, trackless trolleys, and other devices,	18262
either singly or together, while using any highway for purposes of	18263
travel.	18264

(UU) "Right-of-way" means either of the following, as the	18265
context requires:	18266

(1) The right of a vehicle, streetcar, trackless trolley, or	18267
pedestrian to proceed uninterruptedly in a lawful manner in the	18268
direction in which it or the individual is moving in preference to	18269
another vehicle, streetcar, trackless trolley, or pedestrian	18270
approaching from a different direction into its or the	18271
individual's path;	18272

(2) A general term denoting land, property, or the interest	18273
therein, usually in the configuration of a strip, acquired for or	18274
devoted to transportation purposes. When used in this context,	18275
right-of-way includes the roadway, shoulders or berm, ditch, and	18276
slopes extending to the right-of-way limits under the control of	18277
the state or local authority.	18278

(VV) "Rural mail delivery vehicle" means every vehicle used	18279
to deliver United States mail on a rural mail delivery route.	18280

(WW) "Funeral escort vehicle" means any motor vehicle,	18281
including a funeral hearse, while used to facilitate the movement	18282
of a funeral procession.	18283

(XX) "Alley" means a street or highway intended to provide	18284
access to the rear or side of lots or buildings in urban districts	18285
and not intended for the purpose of through vehicular traffic, and	18286
includes any street or highway that has been declared an "alley"	18287
by the legislative authority of the municipal corporation in which	18288
such street or highway is located.	18289

(YY) "Freeway" means a divided multi-lane highway for through	18290
traffic with all crossroads separated in grade and with full	18291
control of access.	18292

(ZZ) "Expressway" means a divided arterial highway for	18293
through traffic with full or partial control of access with an	18294
excess of fifty per cent of all crossroads separated in grade.	18295

(AAA) "Thruway" means a through highway whose entire roadway	18296
is reserved for through traffic and on which roadway parking is	18297
prohibited.	18298

(BBB) "Stop intersection" means any intersection at one or	18299
more entrances of which stop signs are erected.	18300

(CCC) "Arterial street" means any United States or state	18301
numbered route, controlled access highway, or other major radial	18302
or circumferential street or highway designated by local	18303
authorities within their respective jurisdictions as part of a	18304
major arterial system of streets or highways.	18305

(DDD) "Ridesharing arrangement" means the transportation of	18306
persons in a motor vehicle where such transportation is incidental	18307
to another purpose of a volunteer driver and includes ridesharing	18308
arrangements known as carpools, vanpools, and buspools.	18309

(EEE) "Motorized wheelchair" means any self-propelled vehicle	18310
designed for, and used by, a handicapped person and that is	18311
incapable of a speed in excess of eight miles per hour.	18312

(FFF) "Child day-care center" and "type A family day-care	18313
home" have the same meanings as in section 5104.01 of the Revised	18314
Code.	18315

(GGG) "Multi-wheel agricultural tractor" means a type of	18316
agricultural tractor that has two or more wheels or tires on each	18317
side of one axle at the rear of the tractor, is designed or used	18318
for drawing other vehicles or wheeled machinery, has no provision	18319
for carrying loads independently of the drawn vehicles or	18320
machinery, and is used principally for agricultural purposes.	18321

(HHH) "Operate" means to cause or have caused movement of a	18322
vehicle, streetcar, or trackless trolley.	18323

(III) "Predicate motor vehicle or traffic offense" means any	18324
of the following:	18325

(1) A violation of section 4511.03, 4511.051, 4511.12,	18326
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	18327
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	18328
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	18329
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	18330
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	18331
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	18332
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	18333
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	18334
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	18335
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	18336

(2) A violation of division (A)(2) of section 4511.17,	18337
divisions (A) to (D) of section 4511.51, or division (A) of	18338
section 4511.74 of the Revised Code;	18339

(3) A violation of any provision of sections 4511.01 to	18340
4511.76 of the Revised Code for which no penalty otherwise is	18341
provided in the section that contains the provision violated;	18342

(4) A violation of a municipal ordinance that is	18343
substantially similar to any section or provision set forth or	18344
described in division (III)(1), (2), or (3) of this section.	18345

Sec. 4511.101. (A) There is hereby created in the state	18346
treasury the motorist service sign fund, which shall consist of	18347
proceeds from the business logo sign program established under	18348
this section. The director of transportation shall use money	18349
credited to the fund for transportation purposes, including	18350
transportation infrastructure.	18351

(B) The director of transportation, in accordance with 23	18352
U.S.C.A. 109(d), 131(f), and 315, as amended, shall establish a	18353
program for the placement of business logos for identification	18354
purposes on state directional signs within the rights-of-way of	18355
divided, multi-lane, limited access highways in both rural and	18356
urban areas.	18357

~~(B)~~(C) The director shall establish, and may revise at any	18358
time, a fee for participation in the business logo sign program.	18359
All direct and indirect costs of the business logo sign program	18360
established pursuant to this section shall be fully paid by the	18361
businesses applying for participation in the program. ~~At any~~	18362
~~interchange where a business logo sign is erected, such costs~~	18363
~~shall be divided equally among the participating businesses.~~ The	18364
direct and indirect costs of the program shall include, but not	18365
be limited to, the cost of capital, directional signs, blanks,	18366
posts, logos, installation, repair, engineering, design,	18367
insurance, removal, replacement, and administration. Money	18368
collected from participating businesses in excess of the direct	18369
and indirect costs and any reasonable profit earned by a person	18370
awarded a contract under division (D) of this section shall be	18371
retained by, or remitted to, the department and deposited to the	18372
credit of the motorist service sign fund. Nothing in this chapter	18373
shall be construed to prohibit the director from establishing such	18374
a program.	18375

~~(C)~~(D) The director, in accordance with rules adopted	18376
pursuant to Chapter 119. of the Revised Code, may contract with	18377
any private person to operate, maintain, ~~and~~or market the	18378
business logo sign program. The ~~rules shall describe the terms of~~	18379
~~the~~ contract~~, and shall~~may allow for a reasonable profit to be	18380
earned by the successful applicant. In awarding the contract, the	18381
director shall consider the skill, expertise, prior experience,	18382
and other qualifications of each applicant.	18383

~~(D)~~(E) As used in this section, "urban area" means an area	18384
having a population of fifty thousand or more according to the	18385
most recent federal census and designated as such on urban maps	18386
prepared by the department.	18387

~~(E) Neither~~(F) In implementing this section, neither the	18388
department nor the director shall do either of the following:	18389

(1) Limit the right of any person to erect, maintain, repair,	18390
remove, or utilize any off-premises or on-premises advertising	18391
device;	18392

(2) Make participation in the business logo sign program	18393
conditional upon a business agreeing to limit, discontinue,	18394
withdraw, modify, alter, or change any advertising or sign.	18395

~~(F)~~(G) The program shall permit the business logo signs of a	18396
seller of motor vehicle fuel to include on the seller's signs a	18397
marking or symbol indicating that the seller sells one or more	18398
types of alternative fuel so long as the seller in fact sells that	18399
fuel.	18400

As used in this division, "alternative fuel" has the same	18401
meaning as in section 125.831 of the Revised Code.	18402

Sec. 4511.181. As used in sections 4511.181 to 4511.197 of	18403
the Revised Code:	18404

(A) "Equivalent offense" means any of the following:

18405

(1) A violation of division (A) or (B) of section 4511.19 of	18406
the Revised Code;	18407

(2) A violation of a municipal OVI ordinance;

18408

(3) A violation of section 2903.04 of the Revised Code in a	18409
case in which the offender was subject to the sanctions described	18410
in division (D) of that section;	18411

(4) A violation of division (A)(1) of section 2903.06 or	18412
2903.08 of the Revised Code or a municipal ordinance that is	18413
substantially equivalent to either of those divisions;	18414

(5) A violation of division (A)(2), (3), or (4) of section	18415
2903.06, division (A)(2) of section 2903.08, or former section	18416
2903.07 of the Revised Code, or a municipal ordinance that is	18417
substantially equivalent to any of those divisions or that former	18418
section, in a case in which a judge or jury as the trier of fact	18419
found that the offender was under the influence of alcohol, a drug	18420
of abuse, or a combination of them;	18421

(6) A violation of an existing or former municipal ordinance,	18422
law of another state, or law of the United States that is	18423
substantially equivalent to division (A) or (B) of section 4511.19	18424
of the Revised Code;	18425

(7) A violation of a former law of this state that was	18426
substantially equivalent to division (A) or (B) of section 4511.19	18427
of the Revised Code.	18428

(B) "Mandatory jail term" means the mandatory term in jail of	18429
three, six, ten, twenty, thirty, or sixty days that must be	18430
imposed under division (G)(1)(a), (b), or (c) of section 4511.19	18431
of the Revised Code upon an offender convicted of a violation of	18432
division (A) of that section and in relation to which all of the	18433
following apply:	18434

(1) Except as specifically authorized under section 4511.19	18435
of the Revised Code, the term must be served in a jail.	18436

(2) Except as specifically authorized under section 4511.19	18437
of the Revised Code, the term cannot be suspended, reduced, or	18438
otherwise modified pursuant to sections 2929.21 to 2929.28 or any	18439
other provision of the Revised Code.	18440

(C) "Municipal OVI ordinance" and "municipal OVI offense"	18441
mean any municipal ordinance prohibiting a person from operating a	18442
vehicle while under the influence of alcohol, a drug of abuse, or	18443
a combination of them or prohibiting a person from operating a	18444
vehicle with a prohibited concentration of alcohol, a controlled	18445
substance, or a metabolite of a controlled substance in the whole	18446
blood, blood serum or plasma, breath, or urine.	18447

(D) "Community residential sanction," "continuous alcohol	18448
monitoring," "jail," "mandatory prison term," "mandatory term of	18449
local incarceration," "sanction," and "prison term" have the same	18450
meanings as in section 2929.01 of the Revised Code.	18451

(E) "Drug of abuse" has the same meaning as in section	18452
4506.01 of the Revised Code.	18453

Sec. 4511.191. (A)(1) As used in this section:

18454

(a) "Physical control" has the same meaning as in section	18455
4511.194 of the Revised Code.	18456

(b) "Alcohol monitoring device" means any device that	18457
provides for continuous alcohol monitoring, any ignition interlock	18458
device, any immobilizing or disabling device other than an	18459
ignition interlock device that is constantly available to monitor	18460
the concentration of alcohol in a person's system, or any other	18461
device that provides for the automatic testing and periodic	18462
reporting of alcohol consumption by a person and that a court	18463
orders a person to use as a sanction imposed as a result of the	18464
person's conviction of or plea of guilty to an offense.	18465

(2) Any person who operates a vehicle, streetcar, or	18466
trackless trolley upon a highway or any public or private property	18467
used by the public for vehicular travel or parking within this	18468
state or who is in physical control of a vehicle, streetcar, or	18469
trackless trolley shall be deemed to have given consent to a	18470
chemical test or tests of the person's whole blood, blood serum or	18471
plasma, breath, or urine to determine the alcohol, drug of abuse,	18472
controlled substance, metabolite of a controlled substance, or	18473
combination content of the person's whole blood, blood serum or	18474
plasma, breath, or urine if arrested for a violation of division	18475
(A) or (B) of section 4511.19 of the Revised Code, section	18476
4511.194 of the Revised Code or a substantially equivalent	18477
municipal ordinance, or a municipal OVI ordinance.	18478

(3) The chemical test or tests under division (A)(2) of this	18479
section shall be administered at the request of a law enforcement	18480
officer having reasonable grounds to believe the person was	18481
operating or in physical control of a vehicle, streetcar, or	18482
trackless trolley in violation of a division, section, or	18483
ordinance identified in division (A)(2) of this section. The law	18484
enforcement agency by which the officer is employed shall	18485
designate which of the tests shall be administered.	18486

(4) Any person who is dead or unconscious, or who otherwise	18487
is in a condition rendering the person incapable of refusal, shall	18488
be deemed to have consented as provided in division (A)(2) of this	18489
section, and the test or tests may be administered, subject to	18490
sections 313.12 to 313.16 of the Revised Code.	18491

(B)(1) Upon receipt of the sworn report of a law enforcement	18492
officer who arrested a person for a violation of division (A) or	18493
(B) of section 4511.19 of the Revised Code, section 4511.194 of	18494
the Revised Code or a substantially equivalent municipal	18495
ordinance, or a municipal OVI ordinance that was completed and	18496
sent to the registrar and a court pursuant to section 4511.192 of	18497
the Revised Code in regard to a person who refused to take the	18498
designated chemical test, the registrar shall enter into the	18499
registrar's records the fact that the person's driver's or	18500
commercial driver's license or permit or nonresident operating	18501
privilege was suspended by the arresting officer under this	18502
division and that section and the period of the suspension, as	18503
determined under this section. The suspension shall be subject to	18504
appeal as provided in section 4511.197 of the Revised Code. The	18505
suspension shall be for whichever of the following periods	18506
applies:	18507

(a) Except when division (B)(1)(b), (c), or (d) of this	18508
section applies and specifies a different class or length of	18509
suspension, the suspension shall be a class C suspension for the	18510
period of time specified in division (B)(3) of section 4510.02 of	18511
the Revised Code.	18512

(b) If the arrested person, within six years of the date on	18513
which the person refused the request to consent to the chemical	18514
test, had refused one previous request to consent to a chemical	18515
test, the suspension shall be a class B suspension imposed for the	18516
period of time specified in division (B)(2) of section 4510.02 of	18517
the Revised Code.	18518

(c) If the arrested person, within six years of the date on	18519
which the person refused the request to consent to the chemical	18520
test, had refused two previous requests to consent to a chemical	18521
test, the suspension shall be a class A suspension imposed for the	18522
period of time specified in division (B)(1) of section 4510.02 of	18523
the Revised Code.	18524

(d) If the arrested person, within six years of the date on	18525
which the person refused the request to consent to the chemical	18526
test, had refused three or more previous requests to consent to a	18527
chemical test, the suspension shall be for five years.	18528

(2) The registrar shall terminate a suspension of the	18529
driver's or commercial driver's license or permit of a resident or	18530
of the operating privilege of a nonresident, or a denial of a	18531
driver's or commercial driver's license or permit, imposed	18532
pursuant to division (B)(1) of this section upon receipt of notice	18533
that the person has entered a plea of guilty to, or that the	18534
person has been convicted after entering a plea of no contest to,	18535
operating a vehicle in violation of section 4511.19 of the Revised	18536
Code or in violation of a municipal OVI ordinance, if the offense	18537
for which the conviction is had or the plea is entered arose from	18538
the same incident that led to the suspension or denial.	18539

The registrar shall credit against any judicial suspension of	18540
a person's driver's or commercial driver's license or permit or	18541
nonresident operating privilege imposed pursuant to section	18542
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	18543
Revised Code for a violation of a municipal OVI ordinance, any	18544
time during which the person serves a related suspension imposed	18545
pursuant to division (B)(1) of this section.	18546

(C)(1) Upon receipt of the sworn report of the law	18547
enforcement officer who arrested a person for a violation of	18548
division (A) or (B) of section 4511.19 of the Revised Code or a	18549
municipal OVI ordinance that was completed and sent to the	18550
registrar and a court pursuant to section 4511.192 of the Revised	18551
Code in regard to a person whose test results indicate that the	18552
person's whole blood, blood serum or plasma, breath, or urine	18553
contained at least the concentration of alcohol specified in	18554
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	18555
Revised Code or at least the concentration of a listed controlled	18556
substance or a listed metabolite of a controlled substance	18557
specified in division (A)(1)(j) of section 4511.19 of the Revised	18558
Code, the registrar shall enter into the registrar's records the	18559
fact that the person's driver's or commercial driver's license or	18560
permit or nonresident operating privilege was suspended by the	18561
arresting officer under this division and section 4511.192 of the	18562
Revised Code and the period of the suspension, as determined under	18563
divisions (F)(1) to (4) of this section. The suspension shall be	18564
subject to appeal as provided in section 4511.197 of the Revised	18565
Code. The suspension described in this division does not apply to,	18566
and shall not be imposed upon, a person arrested for a violation	18567
of section 4511.194 of the Revised Code or a substantially	18568
equivalent municipal ordinance who submits to a designated	18569
chemical test. The suspension shall be for whichever of the	18570
following periods applies:	18571

(a) Except when division (C)(1)(b), (c), or (d) of this	18572
section applies and specifies a different period, the suspension	18573
shall be a class E suspension imposed for the period of time	18574
specified in division (B)(5) of section 4510.02 of the Revised	18575
Code.	18576

(b) The suspension shall be a class C suspension for the	18577
period of time specified in division (B)(3) of section 4510.02 of	18578
the Revised Code if the person has been convicted of or pleaded	18579
guilty to, within six years of the date the test was conducted,	18580
one violation of division (A) or (B) of section 4511.19 of the	18581
Revised Code or one other equivalent offense.	18582

(c) If, within six years of the date the test was conducted,	18583
the person has been convicted of or pleaded guilty to two	18584
violations of a statute or ordinance described in division	18585
(C)(1)(b) of this section, the suspension shall be a class B	18586
suspension imposed for the period of time specified in division	18587
(B)(2) of section 4510.02 of the Revised Code.	18588

(d) If, within six years of the date the test was conducted,	18589
the person has been convicted of or pleaded guilty to more than	18590
two violations of a statute or ordinance described in division	18591
(C)(1)(b) of this section, the suspension shall be a class A	18592
suspension imposed for the period of time specified in division	18593
(B)(1) of section 4510.02 of the Revised Code.	18594

(2) The registrar shall terminate a suspension of the	18595
driver's or commercial driver's license or permit of a resident or	18596
of the operating privilege of a nonresident, or a denial of a	18597
driver's or commercial driver's license or permit, imposed	18598
pursuant to division (C)(1) of this section upon receipt of notice	18599
that the person has entered a plea of guilty to, or that the	18600
person has been convicted after entering a plea of no contest to,	18601
operating a vehicle in violation of section 4511.19 of the Revised	18602
Code or in violation of a municipal OVI ordinance, if the offense	18603
for which the conviction is had or the plea is entered arose from	18604
the same incident that led to the suspension or denial.	18605

The registrar shall credit against any judicial suspension of	18606
a person's driver's or commercial driver's license or permit or	18607
nonresident operating privilege imposed pursuant to section	18608
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	18609
Revised Code for a violation of a municipal OVI ordinance, any	18610
time during which the person serves a related suspension imposed	18611
pursuant to division (C)(1) of this section.	18612

(D)(1) A suspension of a person's driver's or commercial	18613
driver's license or permit or nonresident operating privilege	18614
under this section for the time described in division (B) or (C)	18615
of this section is effective immediately from the time at which	18616
the arresting officer serves the notice of suspension upon the	18617
arrested person. Any subsequent finding that the person is not	18618
guilty of the charge that resulted in the person being requested	18619
to take the chemical test or tests under division (A) of this	18620
section does not affect the suspension.	18621

(2) If a person is arrested for operating a vehicle,	18622
streetcar, or trackless trolley in violation of division (A) or	18623
(B) of section 4511.19 of the Revised Code or a municipal OVI	18624
ordinance, or for being in physical control of a vehicle,	18625
streetcar, or trackless trolley in violation of section 4511.194	18626
of the Revised Code or a substantially equivalent municipal	18627
ordinance, regardless of whether the person's driver's or	18628
commercial driver's license or permit or nonresident operating	18629
privilege is or is not suspended under division (B) or (C) of this	18630
section or Chapter 4510. of the Revised Code, the person's initial	18631
appearance on the charge resulting from the arrest shall be held	18632
within five days of the person's arrest or the issuance of the	18633
citation to the person, subject to any continuance granted by the	18634
court pursuant to section 4511.197 of the Revised Code regarding	18635
the issues specified in that division.	18636

(E) When it finally has been determined under the procedures	18637
of this section and sections 4511.192 to 4511.197 of the Revised	18638
Code that a nonresident's privilege to operate a vehicle within	18639
this state has been suspended, the registrar shall give	18640
information in writing of the action taken to the motor vehicle	18641
administrator of the state of the person's residence and of any	18642
state in which the person has a license.	18643

(F) At the end of a suspension period under this section,	18644
under section 4511.194, section 4511.196, or division (G) of	18645
section 4511.19 of the Revised Code, or under section 4510.07 of	18646
the Revised Code for a violation of a municipal OVI ordinance and	18647
upon the request of the person whose driver's or commercial	18648
driver's license or permit was suspended and who is not otherwise	18649
subject to suspension, cancellation, or disqualification, the	18650
registrar shall return the driver's or commercial driver's license	18651
or permit to the person upon the occurrence of all of the	18652
conditions specified in divisions (F)(1) and (2) of this section:	18653

(1) A showing that the person has proof of financial	18654
responsibility, a policy of liability insurance in effect that	18655
meets the minimum standards set forth in section 4509.51 of the	18656
Revised Code, or proof, to the satisfaction of the registrar, that	18657
the person is able to respond in damages in an amount at least	18658
equal to the minimum amounts specified in section 4509.51 of the	18659
Revised Code.	18660

(2) Subject to the limitation contained in division (F)(3) of	18661
this section, payment by the person to the bureau of motor	18662
vehicles of a license reinstatement fee of four hundred	18663
twenty-five dollars, which fee shall be deposited in the state	18664
treasury and credited as follows:	18665

(a) One hundred twelve dollars and fifty cents shall be	18666
credited to the statewide treatment and prevention fund created by	18667
section 4301.30 of the Revised Code. The fund shall be used to	18668
pay the costs of driver treatment and intervention programs	18669
operated pursuant to sections 3793.02 and 3793.10 of the Revised	18670
Code. The director of alcohol and drug addiction services shall	18671
determine the share of the fund that is to be allocated to alcohol	18672
and drug addiction programs authorized by section 3793.02 of the	18673
Revised Code, and the share of the fund that is to be allocated to	18674
drivers' intervention programs authorized by section 3793.10 of	18675
the Revised Code.	18676

(b) Seventy-five dollars shall be credited to the reparations	18677
fund created by section 2743.191 of the Revised Code.	18678

(c) Thirty-seven dollars and fifty cents shall be credited to	18679
the indigent drivers alcohol treatment fund, which is hereby	18680
established. Except as otherwise provided in division (F)(2)(c) of	18681
this section, moneys in the fund shall be distributed by the	18682
department of alcohol and drug addiction services to the county	18683
indigent drivers alcohol treatment funds, the county juvenile	18684
indigent drivers alcohol treatment funds, and the municipal	18685
indigent drivers alcohol treatment funds that are required to be	18686
established by counties and municipal corporations pursuant to	18687
this section, and shall be used only to pay the cost of an alcohol	18688
and drug addiction treatment program attended by an offender or	18689
juvenile traffic offender who is ordered to attend an alcohol and	18690
drug addiction treatment program by a county, juvenile, or	18691
municipal court judge and who is determined by the county,	18692
juvenile, or municipal court judge not to have the means to pay	18693
for the person's attendance at the program or to pay the costs	18694
specified in division (H)(4) of this section in accordance with	18695
that division. In addition, a county, juvenile, or municipal court	18696
judge may use moneys in the county indigent drivers alcohol	18697
treatment fund, county juvenile indigent drivers alcohol treatment	18698
fund, or municipal indigent drivers alcohol treatment fund to pay	18699
for the cost of the continued use of an ~~electronic continuous~~	18700
alcohol monitoring device as described in divisions (H)(3) and (4)	18701
of this section. Moneys in the fund that are not distributed to a	18702
county indigent drivers alcohol treatment fund, a county juvenile	18703
indigent drivers alcohol treatment fund, or a municipal indigent	18704
drivers alcohol treatment fund under division (H) of this section	18705
because the director of alcohol and drug addiction services does	18706
not have the information necessary to identify the county or	18707
municipal corporation where the offender or juvenile offender was	18708
arrested may be transferred by the director of budget and	18709
management to the statewide treatment and prevention fund created	18710
by section 4301.30 of the Revised Code, upon certification of the	18711
amount by the director of alcohol and drug addiction services.	18712

(d) Seventy-five dollars shall be credited to the Ohio	18713
rehabilitation services commission established by section 3304.12	18714
of the Revised Code, to the services for rehabilitation fund,	18715
which is hereby established. The fund shall be used to match	18716
available federal matching funds where appropriate, and for any	18717
other purpose or program of the commission to rehabilitate people	18718
with disabilities to help them become employed and independent.	18719

(e) Seventy-five dollars shall be deposited into the state	18720
treasury and credited to the drug abuse resistance education	18721
programs fund, which is hereby established, to be used by the	18722
attorney general for the purposes specified in division (F)(4) of	18723
this section.	18724

(f) Thirty dollars shall be credited to the state bureau of	18725
motor vehicles fund created by section 4501.25 of the Revised	18726
Code.	18727

(g) Twenty dollars shall be credited to the trauma and	18728
emergency medical services grants fund created by section 4513.263	18729
of the Revised Code.	18730

(3) If a person's driver's or commercial driver's license or	18731
permit is suspended under this section, under section 4511.196 or	18732
division (G) of section 4511.19 of the Revised Code, under section	18733
4510.07 of the Revised Code for a violation of a municipal OVI	18734
ordinance or under any combination of the suspensions described in	18735
division (F)(3) of this section, and if the suspensions arise from	18736
a single incident or a single set of facts and circumstances, the	18737
person is liable for payment of, and shall be required to pay to	18738
the bureau, only one reinstatement fee of four hundred twenty-five	18739
dollars. The reinstatement fee shall be distributed by the bureau	18740
in accordance with division (F)(2) of this section.	18741

(4) The attorney general shall use amounts in the drug abuse	18742
resistance education programs fund to award grants to law	18743
enforcement agencies to establish and implement drug abuse	18744
resistance education programs in public schools. Grants awarded to	18745
a law enforcement agency under this section shall be used by the	18746
agency to pay for not more than fifty per cent of the amount of	18747
the salaries of law enforcement officers who conduct drug abuse	18748
resistance education programs in public schools. The attorney	18749
general shall not use more than six per cent of the amounts the	18750
attorney general's office receives under division (F)(2)(e) of	18751
this section to pay the costs it incurs in administering the grant	18752
program established by division (F)(2)(e) of this section and in	18753
providing training and materials relating to drug abuse resistance	18754
education programs.	18755

The attorney general shall report to the governor and the	18756
general assembly each fiscal year on the progress made in	18757
establishing and implementing drug abuse resistance education	18758
programs. These reports shall include an evaluation of the	18759
effectiveness of these programs.	18760

(G) Suspension of a commercial driver's license under	18761
division (B) or (C) of this section shall be concurrent with any	18762
period of disqualification under section 3123.611 or 4506.16 of	18763
the Revised Code or any period of suspension under section 3123.58	18764
of the Revised Code. No person who is disqualified for life from	18765
holding a commercial driver's license under section 4506.16 of the	18766
Revised Code shall be issued a driver's license under Chapter	18767
4507. of the Revised Code during the period for which the	18768
commercial driver's license was suspended under division (B) or	18769
(C) of this section. No person whose commercial driver's license	18770
is suspended under division (B) or (C) of this section shall be	18771
issued a driver's license under Chapter 4507. of the Revised Code	18772
during the period of the suspension.	18773

(H)(1) Each county shall establish an indigent drivers	18774
alcohol treatment fund, each county shall establish a juvenile	18775
indigent drivers alcohol treatment fund, and each municipal	18776
corporation in which there is a municipal court shall establish an	18777
indigent drivers alcohol treatment fund. All revenue that the	18778
general assembly appropriates to the indigent drivers alcohol	18779
treatment fund for transfer to a county indigent drivers alcohol	18780
treatment fund, a county juvenile indigent drivers alcohol	18781
treatment fund, or a municipal indigent drivers alcohol treatment	18782
fund, all portions of fees that are paid under division (F) of	18783
this section and that are credited under that division to the	18784
indigent drivers alcohol treatment fund in the state treasury for	18785
a county indigent drivers alcohol treatment fund, a county	18786
juvenile indigent drivers alcohol treatment fund, or a municipal	18787
indigent drivers alcohol treatment fund, all portions of	18788
additional costs imposed under section 2949.094 of the Revised	18789
Code that are specified for deposit into a county, county	18790
juvenile, or municipal indigent drivers alcohol treatment fund by	18791
that section, and all portions of fines that are specified for	18792
deposit into a county or municipal indigent drivers alcohol	18793
treatment fund by section 4511.193 of the Revised Code shall be	18794
deposited into that county indigent drivers alcohol treatment	18795
fund, county juvenile indigent drivers alcohol treatment fund, or	18796
municipal indigent drivers alcohol treatment fund in accordance	18797
with division (H)(2) of this section. Additionally, all portions	18798
of fines that are paid for a violation of section 4511.19 of the	18799
Revised Code or of any prohibition contained in Chapter 4510. of	18800
the Revised Code, and that are required under section 4511.19 or	18801
any provision of Chapter 4510. of the Revised Code to be deposited	18802
into a county indigent drivers alcohol treatment fund or municipal	18803
indigent drivers alcohol treatment fund shall be deposited into	18804
the appropriate fund in accordance with the applicable division.	18805

(2) That portion of the license reinstatement fee that is	18806
paid under division (F) of this section and that is credited under	18807
that division to the indigent drivers alcohol treatment fund and	18808
that portion of the additional court cost that is imposed under	18809
section 2949.094 of the Revised Code and that is specified by that	18810
section for deposit into the indigent drivers alcohol treatment	18811
fund shall be deposited into a county indigent drivers alcohol	18812
treatment fund, a county juvenile indigent drivers alcohol	18813
treatment fund, or a municipal indigent drivers alcohol treatment	18814
fund as follows:	18815

(a) ~~If the~~Regarding a suspension ~~in question was~~ imposed	18816
under this section or additional court costs, that portion of the	18817
fee shall be deposited as follows:	18818

(i) If the fee or court cost is paid by a person who was	18819
charged in a county court with the violation that resulted in the	18820
suspension or in the imposition of the court costs, the portion	18821
shall be deposited into the county indigent drivers alcohol	18822
treatment fund under the control of that court;	18823

(ii) If the fee or court cost is paid by a person who was	18824
charged in a juvenile court with the violation that resulted in	18825
the suspension or in the imposition of the court costs, the	18826
portion shall be deposited into the county juvenile indigent	18827
drivers alcohol treatment fund established in the county served by	18828
the court;	18829

(iii) If the fee or court cost is paid by a person who was	18830
charged in a municipal court with the violation that resulted in	18831
the suspension or in the imposition of the court costs, the	18832
portion shall be deposited into the municipal indigent drivers	18833
alcohol treatment fund under the control of that court.	18834

(b) ~~If the~~Regarding a suspension ~~in question was~~ imposed	18835
under section 4511.19 of the Revised Code or under section 4510.07	18836
of the Revised Code for a violation of a municipal OVI ordinance,	18837
that portion of the fee shall be deposited as follows:	18838

(i) If the fee is paid by a person whose license or permit	18839
was suspended by a county court, the portion shall be deposited	18840
into the county indigent drivers alcohol treatment fund under the	18841
control of that court;	18842

(ii) If the fee is paid by a person whose license or permit	18843
was suspended by a municipal court, the portion shall be deposited	18844
into the municipal indigent drivers alcohol treatment fund under	18845
the control of that court.	18846

(3) Expenditures from a county indigent drivers alcohol	18847
treatment fund, a county juvenile indigent drivers alcohol	18848
treatment fund, or a municipal indigent drivers alcohol treatment	18849
fund shall be made only upon the order of a county, juvenile, or	18850
municipal court judge and only for payment of the cost of the	18851
attendance at an alcohol and drug addiction treatment program of a	18852
person who is convicted of, or found to be a juvenile traffic	18853
offender by reason of, a violation of division (A) of section	18854
4511.19 of the Revised Code or a substantially similar municipal	18855
ordinance, who is ordered by the court to attend the alcohol and	18856
drug addiction treatment program, and who is determined by the	18857
court to be unable to pay the cost of attendance at the treatment	18858
program or for payment of the costs specified in division (H)(4)	18859
of this section in accordance with that division. The alcohol and	18860
drug addiction services board or the board of alcohol, drug	18861
addiction, and mental health services established pursuant to	18862
section 340.02 or 340.021 of the Revised Code and serving the	18863
alcohol, drug addiction, and mental health service district in	18864
which the court is located shall administer the indigent drivers	18865
alcohol treatment program of the court. When a court orders an	18866
offender or juvenile traffic offender to attend an alcohol and	18867
drug addiction treatment program, the board shall determine which	18868
program is suitable to meet the needs of the offender or juvenile	18869
traffic offender, and when a suitable program is located and space	18870
is available at the program, the offender or juvenile traffic	18871
offender shall attend the program designated by the board. A	18872
reasonable amount not to exceed five per cent of the amounts	18873
credited to and deposited into the county indigent drivers alcohol	18874
treatment fund, the county juvenile indigent drivers alcohol	18875
treatment fund, or the municipal indigent drivers alcohol	18876
treatment fund serving every court whose program is administered	18877
by that board shall be paid to the board to cover the costs it	18878
incurs in administering those indigent drivers alcohol treatment	18879
programs.	18880

In addition, a county, juvenile, or municipal court judge may	18881
use moneys in the county indigent drivers alcohol treatment fund,	18882
county juvenile indigent drivers alcohol treatment fund, or	18883
municipal indigent drivers alcohol treatment fund in the following	18884
manners:	18885

(a) If the source of the moneys was an appropriation of the	18886
general assembly, a portion of a fee that was paid under division	18887
(F) of this section, a portion of a fine that was specified for	18888
deposit into the fund by section 4511.193 of the Revised Code, or	18889
a portion of a fine that was paid for a violation of section	18890
4511.19 of the Revised Code or of a provision contained in Chapter	18891
4510. of the Revised Code that was required to be deposited into	18892
the fund, to pay for the continued use of an ~~electronic~~	18893
~~continuous~~ alcohol monitoring device by an offender or juvenile	18894
traffic offender, in conjunction with a treatment program	18895
approved by the department of alcohol and drug addiction	18896
services, when such use is determined clinically necessary by the	18897
treatment program and when the court determines that the offender	18898
or juvenile traffic offender is unable to pay all or part of the	18899
daily monitoring or cost of the device;	18900

(b) If the source of the moneys was a portion of an	18901
additional court cost imposed under section 2949.094 of the	18902
Revised Code, to pay for the continued use of an alcohol	18903
monitoring device by an offender or juvenile traffic offender	18904
when the court determines that the offender or juvenile traffic	18905
offender is unable to pay all or part of the daily monitoring or	18906
cost of the device. The moneys may be used for a device as	18907
described in this division if the use of the device is in	18908
conjunction with a treatment program approved by the department	18909
of alcohol and drug addiction services, when the use of the device	18910
is determined clinically necessary by the treatment program, but	18911
the use of a device is not required to be in conjunction with a	18912
treatment program approved by the department in order for the	18913
moneys to be used for the device as described in this division.	18914

(4) If a county, juvenile, or municipal court determines, in	18915
consultation with the alcohol and drug addiction services board or	18916
the board of alcohol, drug addiction, and mental health services	18917
established pursuant to section 340.02 or 340.021 of the Revised	18918
Code and serving the alcohol, drug addiction, and mental health	18919
district in which the court is located, that the funds in the	18920
county indigent drivers alcohol treatment fund, the county	18921
juvenile indigent drivers alcohol treatment fund, or the municipal	18922
indigent drivers alcohol treatment fund under the control of the	18923
court are more than sufficient to satisfy the purpose for which	18924
the fund was established, as specified in divisions (H)(1) to (3)	18925
of this section, the court may declare a surplus in the fund. If	18926
the court declares a surplus in the fund, the court may expend the	18927
amount of the surplus in the fund for:	18928

(a) Alcohol and drug abuse assessment and treatment of	18929
persons who are charged in the court with committing a criminal	18930
offense or with being a delinquent child or juvenile traffic	18931
offender and in relation to whom both of the following apply:	18932

(i) The court determines that substance abuse was a	18933
contributing factor leading to the criminal or delinquent activity	18934
or the juvenile traffic offense with which the person is charged.	18935

(ii) The court determines that the person is unable to pay	18936
the cost of the alcohol and drug abuse assessment and treatment	18937
for which the surplus money will be used.	18938

(b) All or part of the cost of purchasing ~~electronic~~	18939
~~continuous~~ alcohol monitoring devices to be used in conjunction	18940
with division (H)(3) of this section.	18941

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	18942
Revised Code:	18943

(A)(1) "Clinical laboratory services" means either of the	18944
following:	18945

(a) Any examination of materials derived from the human body	18946
for the purpose of providing information for the diagnosis,	18947
prevention, or treatment of any disease or impairment or for the	18948
assessment of health;	18949

(b) Procedures to determine, measure, or otherwise describe	18950
the presence or absence of various substances or organisms in the	18951
body.	18952

(2) "Clinical laboratory services" does not include the mere	18953
collection or preparation of specimens.	18954

(B) "Designated health services" means any of the following:

18955

(1) Clinical laboratory services;

18956

(2) Home health care services;

18957

(3) Outpatient prescription drugs.

18958

(C) "Fair market value" means the value in arms-length	18959
transactions, consistent with general market value and:	18960

(1) With respect to rentals or leases, the value of rental	18961
property for general commercial purposes, not taking into account	18962
its intended use;	18963

(2) With respect to a lease of space, not adjusted to reflect	18964
the additional value the prospective lessee or lessor would	18965
attribute to the proximity or convenience to the lessor if the	18966
lessor is a potential source of referrals to the lessee.	18967

(D) "Governmental health care program" means any program	18968
providing health care benefits that is administered by the federal	18969
government, this state, or a political subdivision of this state,	18970
including the medicare program established under Title XVIII of	18971
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	18972
as amended, health care coverage for public employees, health care	18973
benefits administered by the bureau of workers' compensation, the	18974
~~medical assistance~~medicaid program established under Chapter	18975
5111. of the Revised Code, ~~and~~ the disability medical assistance	18976
program established under Chapter 5115. of the Revised Code, and	18977
the children's buy-in program established under sections 5101.5211	18978
to 5101.5216 of the Revised Code.	18979

(E)(1) "Group practice" means a group of two or more holders	18980
of certificates under this chapter legally organized as a	18981
partnership, professional corporation or association, limited	18982
liability company, foundation, nonprofit corporation, faculty	18983
practice plan, or similar group practice entity, including an	18984
organization comprised of a nonprofit medical clinic that	18985
contracts with a professional corporation or association of	18986
physicians to provide medical services exclusively to patients of	18987
the clinic in order to comply with section 1701.03 of the Revised	18988
Code and including a corporation, limited liability company,	18989
partnership, or professional association described in division (B)	18990
of section 4731.226 of the Revised Code formed for the purpose of	18991
providing a combination of the professional services of	18992
optometrists who are licensed, certificated, or otherwise legally	18993
authorized to practice optometry under Chapter 4725. of the	18994
Revised Code, chiropractors who are licensed, certificated, or	18995
otherwise legally authorized to practice chiropractic or	18996
acupuncture under Chapter 4734. of the Revised Code, psychologists	18997
who are licensed, certificated, or otherwise legally authorized to	18998
practice psychology under Chapter 4732. of the Revised Code,	18999
registered or licensed practical nurses who are licensed,	19000
certificated, or otherwise legally authorized to practice nursing	19001
under Chapter 4723. of the Revised Code, pharmacists who are	19002
licensed, certificated, or otherwise legally authorized to	19003
practice pharmacy under Chapter 4729. of the Revised Code,	19004
physical therapists who are licensed, certificated, or otherwise	19005
legally authorized to practice physical therapy under sections	19006
4755.40 to 4755.56 of the Revised Code, occupational therapists	19007
who are licensed, certificated, or otherwise legally authorized to	19008
practice occupational therapy under sections 4755.04 to 4755.13 of	19009
the Revised Code, mechanotherapists who are licensed,	19010
certificated, or otherwise legally authorized to practice	19011
mechanotherapy under section 4731.151 of the Revised Code, and	19012
doctors of medicine and surgery, osteopathic medicine and surgery,	19013
or podiatric medicine and surgery who are licensed, certificated,	19014
or otherwise legally authorized for their respective practices	19015
under this chapter, to which all of the following apply:	19016

(a) Each physician who is a member of the group practice	19017
provides substantially the full range of services that the	19018
physician routinely provides, including medical care,	19019
consultation, diagnosis, or treatment, through the joint use of	19020
shared office space, facilities, equipment, and personnel.	19021

(b) Substantially all of the services of the members of the	19022
group are provided through the group and are billed in the name of	19023
the group and amounts so received are treated as receipts of the	19024
group.	19025

(c) The overhead expenses of and the income from the practice	19026
are distributed in accordance with methods previously determined	19027
by members of the group.	19028

(d) The group practice meets any other requirements that the	19029
state medical board applies in rules adopted under section 4731.70	19030
of the Revised Code.	19031

(2) In the case of a faculty practice plan associated with a	19032
hospital with a medical residency training program in which	19033
physician members may provide a variety of specialty services and	19034
provide professional services both within and outside the group,	19035
as well as perform other tasks such as research, the criteria in	19036
division (E)(1) of this section apply only with respect to	19037
services rendered within the faculty practice plan.	19038

(F) "Home health care services" and "immediate family" have	19039
the same meanings as in the rules adopted under section 4731.70 of	19040
the Revised Code.	19041

(G) "Hospital" has the same meaning as in section 3727.01 of	19042
the Revised Code.	19043

(H) A "referral" includes both of the following:

19044

(1) A request by a holder of a certificate under this chapter	19045
for an item or service, including a request for a consultation	19046
with another physician and any test or procedure ordered by or to	19047
be performed by or under the supervision of the other physician;	19048

(2) A request for or establishment of a plan of care by a	19049
certificate holder that includes the provision of designated	19050
health services.	19051

(I) "Third-party payer" has the same meaning as in section	19052
3901.38 of the Revised Code.	19053

Sec. 4731.71. The auditor of state may implement procedures	19054
to detect violations of section 4731.66 or 4731.69 of the Revised	19055
Code within governmental health care programs administered by the	19056
state. The auditor of state shall report any violation of either	19057
section to the state medical board and shall certify to the	19058
attorney general in accordance with section 131.02 of the Revised	19059
Code the amount of any refund owed to a state-administered	19060
governmental health care program under section 4731.69 of the	19061
Revised Code as a result of a violation. If a refund is owed to	19062
the ~~medical assistance~~medicaid program established under Chapter	19063
5111. of the Revised Code or, the disability medical assistance	19064
program established under Chapter 5115. of the Revised Code, or	19065
the children's buy-in program established under sections 5101.5211	19066
to 5101.5216 of the Revised Code, the auditor of state also shall	19067
report the amount to the department of ~~commerce~~job and family	19068
services.	19069

The state medical board also may implement procedures to	19070
detect violations of section 4731.66 or 4731.69 of the Revised	19071
Code.	19072

Sec. 4735.01. As used in this chapter:

19073

(A) "Real estate broker" includes any person, partnership,	19074
association, limited liability company, limited liability	19075
partnership, or corporation, foreign or domestic, who for another,	19076
whether pursuant to a power of attorney or otherwise, and who for	19077
a fee, commission, or other valuable consideration, or with the	19078
intention, or in the expectation, or upon the promise of receiving	19079
or collecting a fee, commission, or other valuable consideration	19080
does any of the following:	19081

(1) Sells, exchanges, purchases, rents, or leases, or	19082
negotiates the sale, exchange, purchase, rental, or leasing of any	19083
real estate;	19084

(2) Offers, attempts, or agrees to negotiate the sale,	19085
exchange, purchase, rental, or leasing of any real estate;	19086

(3) Lists, or offers, attempts, or agrees to list, or	19087
auctions, or offers, attempts, or agrees to auction, any real	19088
estate;	19089

(4) Buys or offers to buy, sells or offers to sell, or	19090
otherwise deals in options on real estate;	19091

(5) Operates, manages, or rents, or offers or attempts to	19092
operate, manage, or rent, other than as custodian, caretaker, or	19093
janitor, any building or portions of buildings to the public as	19094
tenants;	19095

(6) Advertises or holds self out as engaged in the business	19096
of selling, exchanging, purchasing, renting, or leasing real	19097
estate;	19098

(7) Directs or assists in the procuring of prospects or the	19099
negotiation of any transaction, other than mortgage financing,	19100
which does or is calculated to result in the sale, exchange,	19101
leasing, or renting of any real estate;	19102

(8) Is engaged in the business of charging an advance fee or	19103
contracting for collection of a fee in connection with any	19104
contract whereby the broker undertakes primarily to promote the	19105
sale, exchange, purchase, rental, or leasing of real estate	19106
through its listing in a publication issued primarily for such	19107
purpose, or for referral of information concerning such real	19108
estate to brokers, or both, except that this division does not	19109
apply to a publisher of listings or compilations of sales of real	19110
estate by their owners;	19111

(9) Collects rental information for purposes of referring	19112
prospective tenants to rental units or locations of such units and	19113
charges the prospective tenants a fee.	19114

(B) "Real estate" includes leaseholds as well as any and	19115
every interest or estate in land situated in this state, whether	19116
corporeal or incorporeal, whether freehold or nonfreehold, and the	19117
improvements on the land, but does not include cemetery interment	19118
rights.	19119

(C) "Real estate salesperson" means any person associated	19120
with a licensed real estate broker to do or to deal in any acts or	19121
transactions set out or comprehended by the definition of a real	19122
estate broker, for compensation or otherwise.	19123

(D) "Institution of higher education" means either of the	19124
following:	19125

(1) A nonprofit institution as defined in section 1713.01 of	19126
the Revised Code that actually awards, rather than intends to	19127
award, degrees for fulfilling requirements of academic work beyond	19128
high school;	19129

(2) An institution operated for profit that otherwise	19130
qualifies under the definition of an institution in section	19131
1713.01 of the Revised Code and that actually awards, rather than	19132
intends to award, degrees for fulfilling requirements of academic	19133
work beyond high school.	19134

(E) "Foreign real estate" means real estate not situated in	19135
this state and any interest in real estate not situated in this	19136
state.	19137

(F) "Foreign real estate dealer" includes any person,	19138
partnership, association, limited liability company, limited	19139
liability partnership, or corporation, foreign or domestic, who	19140
for another, whether pursuant to a power of attorney or otherwise,	19141
and who for a fee, commission, or other valuable consideration, or	19142
with the intention, or in the expectation, or upon the promise of	19143
receiving or collecting a fee, commission, or other valuable	19144
consideration, does or deals in any act or transaction specified	19145
or comprehended in division (A) of this section with respect to	19146
foreign real estate.	19147

(G) "Foreign real estate salesperson" means any person	19148
associated with a licensed foreign real estate dealer to do or	19149
deal in any act or transaction specified or comprehended in	19150
division (A) of this section with respect to foreign real estate,	19151
for compensation or otherwise.	19152

(H) Any person, partnership, association, limited liability	19153
company, limited liability partnership, or corporation, who, for	19154
another, in consideration of compensation, by fee, commission,	19155
salary, or otherwise, or with the intention, in the expectation,	19156
or upon the promise of receiving or collecting a fee, does, or	19157
offers, attempts, or agrees to engage in, any single act or	19158
transaction contained in the definition of a real estate broker,	19159
whether an act is an incidental part of a transaction, or the	19160
entire transaction, shall be constituted a real estate broker or	19161
real estate salesperson under this chapter.	19162

(I) The terms "real estate broker," "real estate	19163
salesperson," "foreign real estate dealer," and "foreign real	19164
estate salesperson" do not include a person, partnership,	19165
association, limited liability company, limited liability	19166
partnership, or corporation, or the regular employees thereof, who	19167
perform any of the acts or transactions specified or comprehended	19168
in division (A) of this section, whether or not for, or with the	19169
intention, in expectation, or upon the promise of receiving or	19170
collecting a fee, commission, or other valuable consideration:	19171

(1) With reference to real estate situated in this state or	19172
any interest in it owned by such person, partnership, association,	19173
limited liability company, limited liability partnership, or	19174
corporation, or acquired on its own account in the regular course	19175
of, or as an incident to the management of the property and the	19176
investment in it;	19177

(2) As receiver or trustee in bankruptcy, as guardian,	19178
executor, administrator, trustee, assignee, commissioner, or any	19179
person doing the things mentioned in this section, under authority	19180
or appointment of, or incident to a proceeding in, any court, or	19181
as a public officer, or as executor, trustee, or other bona fide	19182
fiduciary under any trust agreement, deed of trust, will, or other	19183
instrument creating a like bona fide fiduciary obligation;	19184

(3) As a public officer while performing the officer's	19185
official duties;	19186

(4) As an attorney at law in the performance of the	19187
attorney's duties;	19188

(5) As a person who engages in the brokering of the sale of	19189
business assets, not including the negotiation of the sale, lease,	19190
exchange, or assignment of any interest in real estate;	19191

(6) As a person who engages in the sale of manufactured homes	19192
as defined in division (C)(4) of section 3781.06 of the Revised	19193
Code, or of mobile homes as defined in division (O) of section	19194
4501.01 of the Revised Code, provided the sale does not include	19195
the negotiation, sale, lease, exchange, or assignment of any	19196
interest in real estate;	19197

(7) As a person who engages in the sale of commercial real	19198
estate pursuant to the requirements of section 4735.022 of the	19199
Revised Code.	19200

(J) "Physically handicapped licensee" means a person licensed	19201
pursuant to this chapter who is under a severe physical disability	19202
which is of such a nature as to prevent the person from being able	19203
to attend any instruction lasting at least three hours in	19204
duration.	19205

(K) "Division of real estate" may be used interchangeably	19206
with, and for all purposes has the same meaning as, "division of	19207
real estate and professional licensing."	19208

(L) "Superintendent" or "superintendent of real estate" means	19209
the superintendent of the division of real estate and professional	19210
licensing of this state. Whenever the division or superintendent	19211
of real estate is referred to or designated in any statute, rule,	19212
contract, or other document, the reference or designation shall be	19213
deemed to refer to the division or superintendent of real estate	19214
and professional licensing, as the case may be.	19215

(M) "Inactive license" means the license status in which a	19216
salesperson's license is in the possession of the division,	19217
renewed as required under this chapter or rules adopted under this	19218
chapter, and not associated with a real estate broker.	19219

(N) "Broker's license on deposit" means the license status in	19220
which a broker's license is in the possession of the division of	19221
real estate and professional licensing and renewed as required	19222
under this chapter or rules adopted under this chapter.	19223

(O) "Suspended license" means the license status that	19224
prohibits a licensee from providing services that require a	19225
license under this chapter for a specified interval of time.	19226

(P) "Reactivate" means the process prescribed by the	19227
superintendent of real estate and professional licensing to remove	19228
a license from an inactive, voluntary hold, suspended, or broker's	19229
license on deposit status to allow a licensee to provide services	19230
that require a license under this chapter.	19231

(Q) "Revoked" means the license status in which the license	19232
is void and not eligible for reactivation.	19233

(R) "Commercial real estate" means any parcel of real estate	19234
in this state other than real estate containing one to four	19235
residential units. "Commercial real estate" does not include	19236
single-family residential units such as condominiums, townhouses,	19237
manufactured homes, or homes in a subdivision when sold, leased,	19238
or otherwise conveyed on a unit-by-unit basis, even when those	19239
units are a part of a larger building or parcel of real estate	19240
containing more than four residential units.	19241

(S) "Out-of-state commercial broker" includes any person,	19242
partnership, association, limited liability company, limited	19243
liability partnership, or corporation that is licensed to do	19244
business as a real estate broker in a jurisdiction other than	19245
Ohio.	19246

(T) "Out-of-state commercial salesperson" includes any person	19247
affiliated with an out-of-state commercial broker who is not	19248
licensed as a real estate salesperson in Ohio.	19249

(U) "Exclusive right to sell or lease listing agreement"	19250
means an agency agreement between a seller and broker that meets	19251
the requirements of section 4735.55 of the Revised Code and does	19252
both of the following:	19253

(1) Grants the broker the exclusive right to represent the	19254
seller in the sale or lease of the seller's property;	19255

(2) Provides the broker will be compensated if the broker,	19256
the seller, or any other person or entity produces a purchaser or	19257
tenant in accordance with the terms specified in the listing	19258
agreement or if the property is sold or leased during the term of	19259
the listing agreement to anyone other than to specifically	19260
exempted persons or entities.	19261

(V) "Exclusive agency agreement" means an agency agreement	19262
between a seller and broker that meets the requirements of section	19263
4735.55 of the Revised Code and does both of the following:	19264

(1) Grants the broker the exclusive right to represent the	19265
seller in the sale or lease of the seller's property;	19266

(2) Provides the broker will be compensated if the broker or	19267
any other person or entity produces a purchaser or tenant in	19268
accordance with the terms specified in the listing agreement or if	19269
the property is sold or leased during the term of the listing	19270
agreement, unless the property is sold or leased solely through	19271
the efforts of the seller or to the specifically exempted persons	19272
or entities.	19273

(W) "Exclusive purchaser agency agreement" means an agency	19274
agreement between a purchaser and broker that meets the	19275
requirements of section 4735.55 of the Revised Code and does both	19276
of the following:	19277

(1) Grants the broker the exclusive right to represent the	19278
purchaser in the purchase or lease of property;	19279

(2) Provides the broker will be compensated in accordance	19280
with the terms specified in the exclusive agency agreement or if a	19281
property is purchased or leased by the purchaser during the term	19282
of the agency agreement unless the property is specifically	19283
exempted in the agency agreement.	19284

The agreement may authorize the broker to receive	19285
compensation from the seller or the seller's agent and may provide	19286
that the purchaser is not obligated to compensate the broker if	19287
the property is purchased or leased solely through the efforts of	19288
the purchaser.	19289

(X) "Seller" means a party in a real estate transaction who	19290
is the potential transferor of property. "Seller" includes an	19291
owner of property who is seeking to sell the property and a	19292
landlord who is seeking to rent or lease property to another	19293
person.	19294

(Y) "Voluntary hold" means the license status in which a	19295
license is in the possession of the division of real estate and	19296
professional licensing for a period of not more than twelve months	19297
pursuant to section 4735.142 of the Revised Code, is not renewed	19298
in accordance with the requirements specified in this chapter or	19299
the rules adopted pursuant to it, and is not associated with a	19300
real estate broker.	19301

(Z) "Resigned" means the license status in which a license	19302
has been voluntarily surrendered to or is otherwise in the	19303
possession of the division of real estate and professional	19304
licensing, is not renewed in accordance with the requirements	19305
specified in this chapter or the rules adopted pursuant to it, and	19306
is not associated with a real estate broker.	19307

Sec. 4735.02. Except as provided in section 4735.022 of the	19308
Revised Code, no person, partnership, association, limited	19309
liability company, limited liability partnership, or corporation	19310
shall act as a real estate broker or real estate salesperson, or	19311
advertise or assume to act as such, without first being licensed	19312
as provided in this chapter. No person, partnership, association,	19313
limited liability company, limited liability partnership, or	19314
corporation shall provide services that require a license under	19315
this chapter if the licensee's license is inactive, suspended,	19316
placed on voluntary hold, resigned, or a broker's license on	19317
deposit, or if the license has been revoked. Nothing contained in	19318
this chapter shall be construed as authorizing a real estate	19319
broker or salesperson to perform any service constituting the	19320
practice of law.	19321

No partnership, association, limited liability company,	19322
limited liability partnership, or corporation holding a real	19323
estate license shall employ as an officer, director, manager, or	19324
principal employee any person previously holding a license as a	19325
real estate broker, real estate salesperson, foreign real estate	19326
dealer, or foreign real estate salesperson, whose license has been	19327
placed in inactive, voluntary hold, or resigned status, or is	19328
suspended, or revoked and who has not thereafter reactivated the	19329
license or received a new license.	19330

Sec. 4735.10. (A)(1) The Ohio real estate commission may	19331
adopt reasonable rules in accordance with Chapter 119. of the	19332
Revised Code, necessary for implementing the provisions of this	19333
chapter relating, but not limited to, the following:	19334

(a) The form and manner of filing applications for license;

19335

(b) Times and form of examination for license;

19336

(c) Placing an existing broker's license on deposit or a	19337
salesperson's license on an inactive status for an indefinite	19338
period;	19339

(d) Specifying the process by which a licensee may place the	19340
licensee's license on voluntary hold or resigned status;	19341

(e) Defining any additional license status that the	19342
commission determines is necessary and that is not otherwise	19343
defined in this chapter and establishing the process by which a	19344
licensee places the licensee's license in a status defined by the	19345
commission in the rules the commission adopts.	19346

(2) The commission shall adopt reasonable rules in accordance	19347
with Chapter 119. of the Revised Code, for implementing the	19348
provisions of this chapter relating to the following:	19349

(a) The issuance, renewal, suspension, and revocation of	19350
licenses, other sanctions that may be imposed for violations of	19351
this chapter, the conduct of hearings related to these actions,	19352
and the process of reactivating a license;	19353

(b) By not later than January 1, 2004, a three-year license	19354
and a three-year license renewal system;	19355

(c) Standards for the approval of courses of study required	19356
for licenses, or offered in preparation for license examinations,	19357
or required as continuing education for licenses.	19358

(d) Guidelines to ensure that continuing education classes	19359
are open to all persons licensed under this chapter. The rules	19360
shall specify that an organization that sponsors a continuing	19361
education class may offer its members a reasonable reduction in	19362
the fees charged for the class.	19363

(e) Requirements for trust accounts and property management	19364
accounts. The rules shall specify that:	19365

(i) Brokerages engaged in the management of property for	19366
another may, pursuant to a written contract with the property	19367
owner, exercise signatory authority for withdrawals from property	19368
management accounts maintained in the name of the property owner.	19369
The exercise of authority for withdrawals does not constitute a	19370
violation of any provision of division (A) of section 4735.18 of	19371
the Revised Code.	19372

(ii) The interest earned on property management trust	19373
accounts maintained in the name of the property owner or the	19374
broker shall be payable to the property owner unless otherwise	19375
specified in a written contract.	19376

(f) Notice of renewal forms and filing deadlines;

19377

(g) Special assessments under division (A) of section 4735.12	19378
of the Revised Code.	19379

(B) The commission may adopt rules in accordance with Chapter	19380
119. of the Revised Code establishing standards and guidelines	19381
with which the superintendent of real estate shall comply in the	19382
exercise of the following powers:	19383

(1) Appointment and recommendation of ancillary trustees	19384
under section 4735.05 of the Revised Code;	19385

(2) Rejection of names proposed to be used by partnerships,	19386
associations, limited liability companies, limited liability	19387
partnerships, and corporations, under division (A) of section	19388
4735.06 of the Revised Code;	19389

(3) Acceptance and rejection of applications to take the	19390
broker and salesperson examinations and licensure, with	19391
appropriate waivers pursuant to division (E) of section 4735.07	19392
and section 4735.09 of the Revised Code;	19393

(4) Approval of applications of brokers to place their	19394
licenses on deposit and to become salespersons under section	19395
4735.13 of the Revised Code;	19396

(5) Appointment of hearing examiners under section 119.09 of	19397
the Revised Code;	19398

(6) Acceptance and rejection of applications to take the	19399
foreign real estate dealer and salesperson examinations and	19400
licensure, with waiver of examination, under sections 4735.27 and	19401
4735.28 of the Revised Code;	19402

(7) Qualification of foreign real estate under section	19403
4735.25 of the Revised Code.	19404

If at any time there is no rule in effect establishing a	19405
guideline or standard required by this division, the	19406
superintendent may adopt a rule in accordance with Chapter 119. of	19407
the Revised Code for such purpose.	19408

(C) The commission or superintendent may hear testimony in	19409
matters relating to the duties imposed upon them, and the	19410
president of the commission and superintendent may administer	19411
oaths. The commission or superintendent may require other proof of	19412
the honesty, truthfulness, and good reputation of any person named	19413
in an application for a real estate broker's or real estate	19414
salesperson's license before admitting the applicant to the	19415
examination or issuing a license.	19416

Sec. 4735.13. (A) The license of a real estate broker shall	19417
be prominently displayed in the office or place of business of the	19418
broker, and no license shall authorize the licensee to do business	19419
except from the location specified in it. If the broker maintains	19420
more than one place of business within the state, the broker shall	19421
apply for and procure a duplicate license for each branch office	19422
maintained by the broker. Each branch office shall be in the	19423
charge of a licensed broker or salesperson. The branch office	19424
license shall be prominently displayed at the branch office	19425
location.	19426

(B) The license of each real estate salesperson shall be	19427
mailed to and remain in the possession of the licensed broker with	19428
whom the salesperson is or is to be associated until the licensee	19429
places the license on inactive, voluntary hold, or resigned status	19430
or until the salesperson leaves the brokerage or is terminated.	19431
The broker shall keep each salesperson's license in a way that it	19432
can, and shall on request, be made immediately available for	19433
public inspection at the office or place of business of the	19434
broker. Except as provided in divisions (G) and (H) of this	19435
section, immediately upon the salesperson's leaving the	19436
association or termination of the association of a real estate	19437
salesperson with the broker, the broker shall return the	19438
salesperson's license to the superintendent of real estate.	19439

The failure of a broker to return the license of a real	19440
estate salesperson or broker who leaves or who is terminated, via	19441
certified mail return receipt requested, within three business	19442
days of the receipt of a written request from the superintendent	19443
for the return of the license, is prima-facie evidence of	19444
misconduct under division (A)(6) of section 4735.18 of the Revised	19445
Code.	19446

(C) Any licensee who is convicted of a felony or a crime	19447
involving moral turpitude or of violating any federal, state, or	19448
municipal civil rights law pertaining to discrimination in	19449
housing, or any court that issues a finding of an unlawful	19450
discriminatory practice pertaining to housing accommodations	19451
described in division (H) of section 4112.02 of the Revised Code	19452
or that convicts a licensee of a violation of any municipal civil	19453
rights law pertaining to housing discrimination, shall notify the	19454
superintendent of the conviction or finding within fifteen days.	19455
If a licensee fails to notify the superintendent within the	19456
required time, the superintendent immediately may revoke the	19457
license of the licensee.	19458

Any court that convicts a licensee of a violation of any	19459
municipal civil rights law pertaining to housing discrimination	19460
also shall notify the Ohio civil rights commission within fifteen	19461
days of the conviction.	19462

(D) In case of any change of business location, a broker	19463
shall give notice in writing to the superintendent, whereupon the	19464
superintendent shall issue new licenses for the unexpired period	19465
without charge. If a broker changes a business location without	19466
giving the required notice and without receiving new licenses that	19467
action is prima-facie evidence of misconduct under division (A)(6)	19468
of section 4735.18 of the Revised Code.	19469

(E) If a real estate broker desires to associate with another	19470
real estate broker in the capacity of a real estate salesperson,	19471
the broker shall apply to the superintendent to deposit the	19472
broker's real estate broker's license with the superintendent and	19473
for the issuance of a real estate salesperson's license. The	19474
application shall be made on a form prescribed by the	19475
superintendent and shall be accompanied by the recommendation of	19476
the real estate broker with whom the applicant intends to become	19477
associated and a fee of twenty-five dollars for the real estate	19478
salesperson's license. Four dollars of the fee shall be credited	19479
to the real estate education and research fund. If the	19480
superintendent is satisfied that the applicant is honest,	19481
truthful, and of good reputation, has not been convicted of a	19482
felony or a crime involving moral turpitude, and has not been	19483
finally adjudged by a court to have violated any municipal, state,	19484
or federal civil rights laws relevant to the protection of	19485
purchasers or sellers of real estate, and that the association of	19486
the real estate broker and the applicant will be in the public	19487
interest, the superintendent shall grant the application and issue	19488
a real estate salesperson's license to the applicant. Any license	19489
so deposited with the superintendent shall be subject to this	19490
chapter. A broker who intends to deposit the broker's license with	19491
the superintendent, as provided in this section, shall give	19492
written notice of this fact in a format prescribed by the	19493
superintendent to all salespersons associated with the broker when	19494
applying to place the broker's license on deposit.	19495

(F) If a real estate broker desires to become a member or	19496
officer of a partnership, association, limited liability company,	19497
limited liability partnership, or corporation that is or intends	19498
to become a licensed real estate broker, the broker shall notify	19499
the superintendent of the broker's intentions. The notice of	19500
intention shall be on a form prescribed by the superintendent and	19501
shall be accompanied by a fee of twenty-five dollars. Four dollars	19502
of the fee shall be credited to the real estate education and	19503
research fund.	19504

No real estate broker who is a member or officer of a	19505
partnership, association, limited liability company, limited	19506
liability partnership, or corporation that is a licensed real	19507
estate broker shall perform any acts as a real estate broker other	19508
than as the agent of the partnership, association, limited	19509
liability company, limited liability partnership, or corporation,	19510
and such broker shall not have any real estate salespersons	19511
associated with the broker.	19512

(G) If a real estate broker or salesperson enters the armed	19513
forces, the broker or salesperson may place the broker's or	19514
salesperson's license on deposit with the Ohio real estate	19515
commission. The licensee shall not be required to renew the	19516
license until the renewal date that follows the date of discharge	19517
from the armed forces. Any license deposited with the commission	19518
shall be subject to this chapter. Any licensee whose license is on	19519
deposit under this division and who fails to meet the continuing	19520
education requirements of section 4735.141 of the Revised Code	19521
because the licensee is in the armed forces shall satisfy the	19522
commission that the licensee has complied with the continuing	19523
education requirements within twelve months of the licensee's	19524
discharge. The commission shall notify the licensee of the	19525
licensee's obligations under section 4735.141 of the Revised Code	19526
at the time the licensee applies for reactivation of the	19527
licensee's license.	19528

(H) If a licensed real estate salesperson submits an	19529
application to the superintendent to leave the association of one	19530
broker to associate with a different broker, the broker possessing	19531
the licensee's license need not return the salesperson's license	19532
to the superintendent. The superintendent may process the	19533
application regardless of whether the licensee's license is	19534
returned to the superintendent.	19535

Sec. 4735.14. (A) Each license issued under this chapter,	19536
shall be valid without further recommendation or examination until	19537
it is placed in an inactive, voluntary hold, or resigned status,	19538
is revoked,or suspended, or such license expires by operation of	19539
law.	19540

(B) ~~Each~~Except for a licensee who has placed the licensee's	19541
license on voluntary hold or resigned status pursuant to section	19542
4735.142 of the Revised Code, each licensed broker, brokerage, or	19543
salesperson shall file, on or before the date the Ohio real estate	19544
commission has adopted by rule for that licensee in accordance	19545
with division (A)(2)(f) of section 4735.10 of the Revised Code, a	19546
notice of renewal on a form prescribed by the superintendent of	19547
real estate. The notice of renewal shall be mailed by the	19548
superintendent to the most current personal residence address of	19549
each broker or salesperson as filed with the superintendent by the	19550
licensee and the place of business address of the brokerage two	19551
months prior to the filing deadline.	19552

(C) ~~The~~Except as otherwise provided in division (B) of this	19553
section, the license of any real estate broker, brokerage, or	19554
salesperson that fails to file a notice of renewal on or before	19555
the filing deadline of each ensuing year shall be suspended	19556
automatically without the taking of any action by the	19557
superintendent. A suspended license may be reactivated within	19558
twelve months of the date of suspension, provided that the renewal	19559
fee plus a penalty fee of fifty per cent of the renewal fee is	19560
paid to the superintendent. Failure to reactivate the license as	19561
provided in this division shall result in automatic revocation of	19562
the license without the taking of any action by the	19563
superintendent. No person, partnership, association, corporation,	19564
limited liability company, or limited partnership shall engage in	19565
any act or acts for which a real estate license is required while	19566
that entity's license is placed in an inactive, voluntary hold, or	19567
resigned status, or is suspended, or revoked. The commission shall	19568
adopt rules in accordance with Chapter 119. of the Revised Code to	19569
provide to licensees notice of suspension or revocation or both.	19570

(D) Each licensee shall notify the commission of a change in	19571
personal residence address. A licensee's failure to notify the	19572
commission of a change in personal residence address does not	19573
negate the requirement to file the license renewal by the required	19574
deadline established by the commission by rule under division	19575
(A)(2)(f) of section 4735.10 of the Revised Code.	19576

(E) The superintendent shall not renew a license if the	19577
licensee is not in compliance with this chapter.	19578

Sec. 4735.141. (A) Except as otherwise provided in this	19579
division and except for a licensee who has placed the licensee's	19580
license on voluntary hold or resigned status pursuant to section	19581
4735.142 of the Revised Code, each person licensed under section	19582
4735.07 or 4735.09 of the Revised Code shall submit proof	19583
satisfactory to the superintendent of real estate that the	19584
licensee has satisfactorily completed thirty hours of continuing	19585
education, as prescribed by the Ohio real estate commission	19586
pursuant to section 4735.10 of the Revised Code, on or before the	19587
licensee's birthday occurring three years after the licensee's	19588
date of initial licensure, and on or before the licensee's	19589
birthday every three years thereafter.	19590

Persons licensed as real estate salespersons who subsequently	19591
become licensed real estate brokers shall continue to submit proof	19592
of continuing education in accordance with the time period	19593
established in this section.	19594

The requirements of this section shall not apply to any	19595
physically handicapped licensee as provided in division (E) of	19596
this section.	19597

Each licensee who is seventy years of age or older, within a	19598
continuing education reporting period, shall submit proof	19599
satisfactory to the superintendent of real estate that the	19600
licensee has satisfactorily completed a total of nine classroom	19601
hours of continuing education, including instruction in Ohio real	19602
estate law; recently enacted state and federal laws affecting the	19603
real estate industry; municipal, state, and federal civil rights	19604
law; and canons of ethics for the real estate industry as adopted	19605
by the commission. The required proof of completion shall be	19606
submitted on or before the licensee's birthday that falls in the	19607
third year of that continuing education reporting period. A	19608
licensee who is seventy years of age or older whose license is in	19609
an inactive status is exempt from the continuing education	19610
requirements specified in this section. The commission shall adopt	19611
reasonable rules in accordance with Chapter 119. of the Revised	19612
Code to carry out the purposes of this paragraph.	19613

(B) The continuing education requirements of this section	19614
shall be completed in schools, seminars, and educational	19615
institutions approved by the commission. Such approval shall be	19616
given according to rules established by the commission under the	19617
procedures of Chapter 119. of the Revised Code, and shall not be	19618
limited to institutions providing two-year or four-year degrees.	19619
Each school, seminar, or educational institution approved under	19620
this division shall be open to all licensees on an equal basis.	19621

(C) If the requirements of this section are not met by a	19622
licensee within the period specified, the licensee's license shall	19623
be suspended automatically without the taking of any action by the	19624
superintendent. The superintendent shall notify the licensee of	19625
the license suspension. Any license so suspended shall remain	19626
suspended until it is reactivated by the superintendent. No such	19627
license shall be reactivated until it is established, to the	19628
satisfaction of the superintendent, that the requirements of this	19629
section have been met. If the requirements of this section are not	19630
met within twelve months from the date the license was suspended,	19631
the license shall be revoked automatically without the taking of	19632
any action by the superintendent.	19633

(D) If the license of a real estate broker is suspended	19634
pursuant to division (C) of this section, the license of a real	19635
estate salesperson associated with that broker correspondingly is	19636
suspended pursuant to division (H) of section 4735.20 of the	19637
Revised Code. However, the suspended license of the associated	19638
real estate salesperson shall be reactivated and no fee shall be	19639
charged or collected for that reactivation if all of the following	19640
occur:	19641

(1) That broker subsequently submits proof to the	19642
superintendent that the broker has complied with the requirements	19643
of this section and requests that the broker's license as a real	19644
estate broker be reactivated.	19645

(2) The superintendent then reactivates the broker's license	19646
as a real estate broker.	19647

(3) The associated real estate salesperson intends to	19648
continue to be associated with that broker, has complied with the	19649
requirements of this section, and otherwise is in compliance with	19650
this chapter.	19651

Any person whose license is reactivated pursuant to this	19652
division shall submit proof satisfactory to the superintendent	19653
that the person has completed thirty hours of continuing	19654
education, as prescribed by the Ohio real estate commission, on or	19655
before the third year following the licensee's birthday occurring	19656
immediately after reactivation.	19657

(E) Any licensee who is a physically handicapped licensee at	19658
any time during the last three months of the third year of the	19659
licensee's continuing education reporting period may receive an	19660
extension of time to submit proof to the superintendent that the	19661
licensee has satisfactorily completed the required thirty hours of	19662
continuing education. To receive an extension of time, the	19663
licensee shall submit a request to the division of real estate for	19664
the extension and proof satisfactory to the commission that the	19665
licensee was a physically handicapped licensee at some time during	19666
the last three months of the three-year reporting period. The	19667
proof shall include, but is not limited to, a signed statement by	19668
the licensee's attending physician describing the physical	19669
disability, certifying that the licensee's disability is of such a	19670
nature as to prevent the licensee from attending any instruction	19671
lasting at least three hours in duration, and stating the expected	19672
duration of the physical disability. The licensee shall request	19673
the extension and provide the physician's statement to the	19674
division no later than one month prior to the end of the	19675
licensee's three-year continuing education reporting period,	19676
unless the physical disability did not arise until the last month	19677
of the three-year reporting period, in which event the licensee	19678
shall request the extension and provide the physician's statement	19679
as soon as practical after the occurrence of the physical	19680
disability. A licensee granted an extension pursuant to this	19681
division who is no longer a physically handicapped licensee and	19682
who submits proof of completion of the continuing education during	19683
the extension period, shall submit, for future continuing	19684
education reporting periods, proof of completion of the continuing	19685
education requirements according to the schedule established in	19686
division (A) of this section.	19687

Sec. 4735.142. (A) Any person licensed under section 4735.07	19688
or 4735.09 of the Revised Code, at any time prior to the date the	19689
licensee is required to file a notice of renewal pursuant to	19690
division (B) of section 4735.14 of the Revised Code may apply to	19691
the superintendent of real estate and professional licensing to	19692
place the licensee's license on voluntary hold or a resigned	19693
status.	19694

(B) If the superintendent has placed a license on voluntary	19695
hold pursuant to a request made under division (A) of this	19696
section, the licensee who requested that the licensee's license be	19697
placed on voluntary hold may apply to the superintendent to	19698
reactivate that license within twelve months after the date the	19699
license is placed on voluntary hold. The superintendent shall	19700
reactivate that license if the licensee complies with the	19701
requirements for such reactivation that are specified in rules	19702
adopted by the Ohio real estate commission pursuant to division	19703
(A) of section 4735.10 of the Revised Code and satisfies all of	19704
the following requirements:	19705

(1) The licensee complies with the postlicensure education	19706
requirements specified in section 4735.07 or 4735.09 of the	19707
Revised Code, as applicable;	19708

(2) The licensee complies with the continuing education	19709
requirements specified in section 4735.141 of the Revised Code;	19710

(3) The licensee renews the licensee's license in accordance	19711
with section 4735.14 of the Revised Code and, if applicable, pays	19712
the annual brokerage assessment fee in accordance with the	19713
requirements specified in rules adopted by the commission.	19714

(C) If a licensee does not apply to reactivate a license on	19715
voluntary hold pursuant to division (B) of this section during the	19716
twelve-month time period specified in that division or does not	19717
satisfy the requirements specified in that division during that	19718
twelve-month period, the superintendent shall consider that	19719
license to be in a resigned status. The superintendent shall not	19720
reactivate a resigned license. The resignation of a license is	19721
considered to be final without the taking of any action by the	19722
superintendent. If a person whose license is in a resigned status	19723
pursuant to this division wishes to obtain an active license, the	19724
person shall apply for an active license in accordance with the	19725
requirements specified in section 4735.07 or 4735.09 of the	19726
Revised Code, as applicable.	19727

(D) A licensee, at any time during which a license has been	19728
suspended pursuant to division (G) of section 4735.07, division	19729
(G) of section 4735.09, division (E) of section 4735.12, division	19730
(C) of section 4735.14, division (C) of section 4735.141, or	19731
section 4735.182 of the Revised Code, may apply to the	19732
superintendent on a form prescribed by the superintendent to	19733
voluntarily resign the licensee's license. The resignation of a	19734
license is considered to be final without the taking of any action	19735
by the superintendent. If a person whose license is in a resigned	19736
status pursuant to a request made under this division wishes to	19737
obtain an active or inactive license, the person shall apply for	19738
such a license in accordance with the requirements specified in	19739
section 4735.07 or 4735.09 of the Revised Code, as applicable, or	19740
in the rules adopted by the commission pursuant to division (A)	19741
of section 4735.10 of the Revised Code.	19742

(E) If placing a broker's license on voluntary hold or a	19743
resigned status will result in the closure of the broker's	19744
brokerage, the broker, within three days after applying to the	19745
superintendent to place the license on voluntary hold or a	19746
resigned status, shall provide to each salesperson associated	19747
with that broker a written notice stating that fact.	19748

(F) This section does not apply to any licensee whose license	19749
has been suspended pursuant to division (F) of section 4735.181 of	19750
the Revised Code or due to disciplinary action ordered by the	19751
commission pursuant to section 4735.051 of the Revised Code.	19752

Sec. 4752.04. A person seeking a license to provide home	19753
medical equipment services shall apply to the Ohio respiratory	19754
care board on a form the board shall prescribe and provide. The	19755
application must be accompanied by the license application fee	19756
established in rules adopted under section 4752.17 of the Revised	19757
Code ~~and~~, except that the board may waive all or part of the fee	19758
if the board determines that an applicant's license will be	19759
issued in the last six months of the biennial licensing period	19760
established under section 4752.05 of the Revised Code.	19761

In the application, the applicant shall specify the name and	19762
location of the facility from which services will be provided.	19763

Sec. 4752.05. (A) The Ohio respiratory care board shall issue	19764
a license to provide home medical equipment services to each	19765
applicant under section 4752.04 of the Revised Code that meets	19766
either of the following requirements:	19767

(1) Meets the standards established by the board in rules	19768
adopted under section 4752.17 of the Revised Code;	19769

(2) Is a pharmacy licensed under Chapter 4729. of the Revised	19770
Code that receives total payments of ten thousand dollars or more	19771
per year from selling or renting home medical equipment.	19772

(B) During the period ending one year after ~~the effective~~	19773
~~date of this section~~September 16, 2004, an applicant that does	19774
not meet either of the requirements of division (A) of this	19775
section shall be granted a provisional license if for at least	19776
twelve months prior to ~~the effective date of this section~~	19777
September 16, 2004 the applicant was engaged in the business of	19778
providing home medical equipment services. The provisional license	19779
expires one year following the date on which it is issued and is	19780
not subject to renewal under section 4752.06 of the Revised Code.	19781

(C) The board may conduct a personal interview of an	19782
applicant, or an applicant's representative, to determine the	19783
applicant's qualifications for licensure.	19784

(D) A license issued under division (A) of this section is	19785
~~valid from the day it is issued until the thirtieth day of June~~	19786
~~that immediately follows the date of issue. Thereafter a license~~	19787
~~is valid only if it is~~expires at the end of the licensing period	19788
for which it is issued and may be renewed in accordance with	19789
section 4752.06 of the Revised Code ~~biennially on or before the~~	19790
~~thirtieth day of June~~. For purposes of issuing and renewing	19791
licenses, the board shall use a biennial licensing period that	19792
begins on the first day of July of each even-numbered year and	19793
ends on the thirtieth day of June of the next succeeding	19794
even-numbered year.	19795

(E) Any license issued under this section is valid only for	19796
the facility named in the application.	19797

Sec. 4752.06. Except for a provisional license issued under	19798
section 4752.05 of the Revised Code, a license issued under this	19799
chapter shall be renewed by the Ohio respiratory care board if the	19800
license holder is in compliance with the applicable requirements	19801
of this chapter.	19802

An application for license renewal shall be accompanied by	19803
the renewal fee established in rules adopted under section 4752.17	19804
of the Revised Code and, except as provided in division (B) of	19805
section 4752.07 of the Revised Code, by documentation	19806
satisfactory to the board that the continuing education	19807
requirements of section 4752.07 of the Revised Code have been met.	19808
Renewals shall be made in accordance with the standard renewal	19809
procedure established under Chapter 4745. of the Revised Code and	19810
the renewal procedures established in rules adopted under section	19811
4752.17 of the Revised Code.	19812

Sec. 4752.07. (A) The holder of a license issued under this	19813
chapter shall do all of the following:	19814

~~(A)~~(1) Maintain a physical facility and a medical equipment	19815
inventory;	19816

~~(B)~~(2) Establish equipment management and personnel policies;

19817

~~(C)~~(3) Provide life-sustaining home medical equipment, as	19818
described in division (B)(1) of section 4752.01 of the Revised	19819
Code, and related home medical equipment services twenty-four	19820
hours per day, seven days per week;	19821

~~(D) Require~~(4) Except as provided in division (B) of this	19822
section, require persons in its employ or under its control who	19823
provide home medical equipment services to successfully complete	19824
continuing education programs in home medical equipment services	19825
that meet the standards established by rule adopted under section	19826
4752.17 of the Revised Code and maintain records on participation	19827
in those programs;	19828

~~(E)~~(5) Maintain records on all individuals to whom it	19829
provides home medical equipment and services;	19830

~~(F)~~(6) Maintain liability insurance, including coverage for	19831
professional and products liability;	19832

~~(G)~~(7) Comply with all other requirements established by rule	19833
adopted under section 4752.17 of the Revised Code that apply to	19834
persons licensed under this chapter.	19835

(B) For the first renewal of a license that was issued in the	19836
last six months of the biennial licensing period established under	19837
section 4752.05 of the Revised Code, the board may waive all or	19838
part of the continuing education requirements that otherwise would	19839
have to be met to renew the license under section 4752.06 of the	19840
Revised Code.	19841

Sec. 4752.11. (A) A person seeking a certificate of	19842
registration to provide home medical equipment services shall	19843
apply to the Ohio respiratory care board on a form the board shall	19844
prescribe and provide. The application must be accompanied by the	19845
registration fee established in rules adopted under section	19846
4752.17 of the Revised Code, except that the board may waive all	19847
or part of the fee if the board determines that an applicant's	19848
certificate of registration will be issued in the last six months	19849
of the biennial registration period established under section	19850
4752.12 of the Revised Code.	19851

(B) The applicant shall specify in the application all of the	19852
following:	19853

(1) The name of the facility from which services will be	19854
provided;	19855

(2) The facility's address;

19856

(3) The facility's telephone number;

19857

(4) A person who may be contacted with regard to the	19858
facility;	19859

(5) The name of the national accrediting body that issued the	19860
accreditation on which the application is based;	19861

(6) The applicant's accreditation number and the expiration	19862
date of the accreditation;	19863

(7) A telephone number that may be used twenty-four hours a	19864
day, seven days a week, to obtain information related to the	19865
facility's provision of home medical equipment services.	19866

Sec. 4752.12. (A) The Ohio respiratory care board shall	19867
issue a certificate of registration to provide home medical	19868
equipment services to each applicant who submits a complete	19869
application under section 4752.11 of the Revised Code. For	19870
purposes of this division, an application is complete only if the	19871
board finds that the applicant holds accreditation from the joint	19872
commission on accreditation of healthcare organizations or another	19873
national accrediting body recognized by the board, as specified in	19874
rules adopted under section 4752.17 of the Revised Code.	19875

(B) A certificate of registration issued under this section	19876
~~is valid from the day it is issued until the thirtieth day of June~~	19877
~~that immediately follows the date of issue. Thereafter, a~~	19878
~~certificate of registration is valid only if it is~~expires at the	19879
end of the registration period for which it is issued and may be	19880
renewed in accordance with section 4752.13 of the Revised Code	19881
~~biennially on or before the thirtieth day of June~~. For purposes of	19882
renewing certificates of registration, the board shall use a	19883
biennial registration period that begins on the first day of July	19884
of each even-numbered year and ends on the thirtieth day of June	19885
of the next succeeding even-numbered year.	19886

(C) A certificate of registration issued under this section	19887
is valid only for the facility named in the application.	19888

Sec. 4752.13. A certificate of registration issued under this	19889
chapter shall be renewed by the Ohio respiratory care board if the	19890
certificate holder is accredited by the joint commission on	19891
accreditation of healthcare organizations or another national	19892
accrediting body recognized by the board, as specified in rules	19893
adopted under section 4752.17 of the Revised Code.	19894

An application for renewal of a certificate of registration	19895
shall be accompanied by the renewal fee established in rules	19896
adopted under section 4752.17 of the Revised Code. Renewals shall	19897
be made in accordance with the standard renewal procedure	19898
established under Chapter 4745. of the Revised Code and the	19899
renewal procedures established in rules adopted under section	19900
4752.17 of the Revised Code.	19901

Sec. 4905.84. (A) As used in this section:

19902

(1) "Telecommunications relay service" means intrastate	19903
transmission services that provide the ability for an individual	19904
who has a hearing or speech impairment to engage in a	19905
communication by wire or radio with a hearing individual in a	19906
manner that is functionally equivalent to the ability of an	19907
individual who does not have a hearing or speech impairment to	19908
communicate using voice communication services by wire or radio.	19909
"Telecommunications relay service" includes services that enable	19910
two-way communication between an individual who uses a	19911
telecommunications device for the deaf or other nonvoice terminal	19912
device and an individual who does not use such a device.	19913

(2) "TRS provider" means an entity selected by the public	19914
utilities commission as the provider of telecommunications relay	19915
service for this state as part of the commission's intrastate	19916
telecommunications relay service program certified pursuant to	19917
federal law.	19918

(B) For the sole purpose of funding telecommunications relay	19919
service, the commission shall, not earlier than January 1, 2009,	19920
impose on and collect from each service provider that is required	19921
under federal law to provide its customers access to	19922
telecommunications relay service an annual assessment to pay for	19923
costs incurred by the TRS provider for providing such service in	19924
Ohio. The commission shall determine the appropriate service	19925
providers to be assessed the telecommunications relay service	19926
costs, including telephone companies as defined in division	19927
(A)(2) of section 4905.03 of the Revised Code, commercial mobile	19928
radio service providers, and providers of advanced services or	19929
internet protocol-enabled services that are competitive with or	19930
functionally equivalent to basic local exchange service as	19931
defined in section 4927.01 of the Revised Code.	19932

(C) The assessment shall be allocated proportionately among	19933
the appropriate service providers using a competitively neutral	19934
formula established by the commission based on the number of	19935
retail intrastate customer access lines or their equivalent. The	19936
commission shall annually reconcile the funds collected with the	19937
actual costs of providing telecommunications relay service when it	19938
issues the assessment and shall either proportionately charge the	19939
service providers for any amounts not sufficient to cover the	19940
actual costs or proportionately credit amounts collected in excess	19941
of the actual costs. The total amount assessed from all service	19942
providers shall not exceed the total telecommunications relay	19943
service costs.	19944

Each service provider that pays the assessment shall be	19945
permitted to recover the cost of the assessment. The method of	19946
recovery may include, but is not limited to, a customer billing	19947
surcharge.	19948

The commission shall deposit the money collected in the	19949
telecommunications relay service fund, which is hereby created in	19950
the state treasury, and shall use the money in that fund solely	19951
to compensate the TRS provider.	19952

(D) The commission shall take such measures as it considers	19953
necessary to protect the confidentiality of information provided	19954
to the commission pursuant to this section by service providers	19955
required to pay the assessment.	19956

(E) The commission may assess a forfeiture of not more than	19957
one thousand dollars on any service provider failing to comply	19958
with this section. Each day's continuance of such failure is a	19959
separate offense. The forfeiture shall be recovered in accordance	19960
with sections 4905.55 to 4905.60 of the Revised Code.	19961

(F) The jurisdiction and authority granted to the commission	19962
by this section is limited to the administration and enforcement	19963
of this section. The commission may adopt such rules as it finds	19964
necessary to carry out this section. The commission shall adopt	19965
rules under Chapter 119. of the Revised Code to establish the	19966
assessment amounts and procedures.	19967

Sec. 4906.13. (A) As used in this section and sections	19968
4906.20 and 4906.98 of the Revised Code, "economically	19969
significant wind farm" means wind turbines and associated	19970
facilities with a single interconnection to the electrical grid	19971
and designed for, or capable of, operation at an aggregate	19972
capacity of five or more megawatts but less than fifty megawatts.	19973
The term excludes any such wind farm in operation on the	19974
effective date of this section.	19975

(B) No public agency or political subdivision of this state	19976
may require any approval, consent, permit, certificate, or other	19977
condition for the construction or initial operation of a major	19978
utility facility or economically significant wind farm authorized	19979
by a certificate issued pursuant to Chapter 4906. of the Revised	19980
Code. Nothing herein shall prevent the application of state laws	19981
for the protection of employees engaged in the construction of	19982
such facility or wind farm nor of municipal regulations that do	19983
not pertain to the location or design of, or pollution control	19984
and abatement standards for, a major utility facility or	19985
economically significant wind farm for which a certificate has	19986
been granted under this chapter.	19987

Sec. 4906.20. (A) No person shall commence to construct an	19988
economically significant wind farm in this state without first	19989
having obtained a certificate from the power siting board. An	19990
economically significant wind farm with respect to which such a	19991
certificate is required shall be constructed, operated, and	19992
maintained in conformity with that certificate and any terms,	19993
conditions, and modifications it contains. A certificate shall be	19994
issued only pursuant to this section. The certificate may be	19995
transferred, subject to the approval of the board, to a person	19996
that agrees to comply with those terms, conditions, and	19997
modifications.	19998

(B) The board shall adopt rules governing the certificating	19999
of economically significant wind farms under this section. Initial	20000
rules shall be adopted within one hundred twenty days after this	20001
section's effective date.	20002

(1) The rules shall provide for an application process for	20003
certificating economically significant wind farms that is	20004
identical to the extent practicable to the process applicable to	20005
certificating major utility facilities under sections 4906.06,	20006
4906.07, 4906.08, 4906.09, 4906.11, and 4906.12 of the Revised	20007
Code and shall prescribe a reasonable schedule of application	20008
filing fees structured in the manner of the schedule of filing	20009
fees required for major utility facilities.	20010

(2) Additionally, the rules shall prescribe reasonable	20011
regulations regarding any wind turbines and associated facilities	20012
of an economically significant wind farm, including, but not	20013
limited to, their location, erection, construction,	20014
reconstruction, change, alteration, maintenance, removal, use, or	20015
enlargement and including erosion control, aesthetics,	20016
recreational land use, wildlife protection, interconnection with	20017
power lines and with regional transmission organizations,	20018
independent transmission system operators, or similar	20019
organizations, ice throw, sound and noise levels, blade shear,	20020
shadow flicker, decommissioning, and necessary cooperation for	20021
site visits and enforcement investigations. The rules also shall	20022
prescribe a minimum setback for a wind turbine of an economically	20023
significant wind farm. That minimum shall be equal to a	20024
horizontal distance, from the turbine's base to the property line	20025
of the wind farm property, equal to one and one-tenth times the	20026
total height of the turbine structure as measured from its base	20027
to the tip of its highest blade and be at least seven hundred	20028
fifty feet in horizontal distance from the tip of the turbine's	20029
nearest blade at ninety degrees to the exterior of the nearest,	20030
habitable, residential structure, if any, located on adjacent	20031
property at the time of the certification application. The	20032
setback shall apply in all cases except those in which all	20033
owners of property adjacent to the wind farm property waive	20034
application of the setback to that property pursuant to a	20035
procedure the board shall establish by rule and except in which,	20036
in a particular case, the board determines that a setback	20037
greater than the minimum is necessary.	20038

(C) The board shall approve, or may modify and approve, an	20039
application for economically significant wind farm certification	20040
if it finds that the construction, operation, and maintenance of	20041
the economically significant wind farm will comply with the rules	20042
adopted under division (B) of this section. The certificate shall	20043
be conditioned upon the economically significant wind farm	20044
complying with rules adopted under section 4561.32 of the Revised	20045
Code.	20046

Sec. 4906.98. (A) No person shall construct a major utility	20047
facility or economically significant wind farm without first	20048
obtaining a certificate.	20049

(B) No person shall construct, operate, or maintain a major	20050
utility facility or economically significant wind farm other than	20051
in compliance with the certificate the person has obtained.	20052

(C) No person or economically significant wind farm shall	20053
fail to comply with any order issued pursuant to this chapter or	20054
with a suspension otherwise required under division (B) of	20055
section 4906.97 of the Revised Code.	20056

Sec. 4928.142. (A) For the purpose of complying with section	20057
4928.141 of the Revised Code and subject to division (D) of this	20058
section and, as applicable, subject to the rate plan requirement	20059
of division (A) of section 4928.141 of the Revised Code, an	20060
electric distribution utility may establish a standard service	20061
offer price for retail electric generation service that is	20062
delivered to the utility under a market-rate offer.	20063

(1) The market-rate offer shall be determined through a	20064
competitive bidding process that provides for all of the	20065
following:	20066

(a) Open, fair, and transparent competitive solicitation;

20067

(b) Clear product definition;

20068

20069

(d) Oversight by an independent third party that shall design	20070
the solicitation, administer the bidding, and ensure that the	20071
criteria specified in division (A)(1)(a) to (c) of this section	20072
are met;	20073

(e) Evaluation of the submitted bids prior to the selection	20074
of the least-cost bid winner or winners.	20075

No generation supplier shall be prohibited from participating	20076
in the bidding process.	20077

(2) The public utilities commission shall modify rules, or	20078
adopt new rules as necessary, concerning the conduct of the	20079
competitive bidding process and the qualifications of bidders,	20080
which rules shall foster supplier participation in the bidding	20081
process and shall be consistent with the requirements of division	20082
(A)(1) of this section.	20083

(B) Prior to initiating a competitive bidding process for a	20084
market-rate offer under division (A) of this section, the electric	20085
distribution utility shall file an application with the	20086
commission. An electric distribution utility may file its	20087
application with the commission prior to the effective date of	20088
the commission rules required under division (A)(2) of this	20089
section, and, as the commission determines necessary, the utility	20090
shall immediately conform its filing to the rules upon their	20091
taking effect.	20092

An application under this division shall detail the electric	20093
distribution utility's proposed compliance with the requirements	20094
of division (A)(1) of this section and with commission rules	20095
under division (A)(2) of this section and demonstrate that all of	20096
the following requirements are met:	20097

(1) The electric distribution utility or its transmission	20098
service affiliate belongs to at least one regional transmission	20099
organization that has been approved by the federal energy	20100
regulatory commission; or there otherwise is comparable and	20101
nondiscriminatory access to the electric transmission grid.	20102

(2) Any such regional transmission organization has a	20103
market-monitor function and the ability to take actions to	20104
identify and mitigate market power or the electric distribution	20105
utility's market conduct; or a similar market monitoring function	20106
exists with commensurate ability to identify and monitor market	20107
conditions and mitigate conduct associated with the exercise of	20108
market power.	20109

(3) A published source of information is available publicly	20110
or through subscription that identifies pricing information for	20111
traded electricity on- and off-peak energy products that are	20112
contracts for delivery beginning at least two years from the date	20113
of the publication and is updated on a regular basis.	20114

The commission shall initiate a proceeding and, within ninety	20115
days after the application's filing date, shall determine by order	20116
whether the electric distribution utility and its market-rate	20117
offer meet all of the foregoing requirements. If the finding is	20118
positive, the electric distribution utility may initiate its	20119
competitive bidding process. If the finding is negative as to one	20120
or more requirements, the commission in the order shall direct	20121
the electric distribution utility regarding how any deficiency	20122
may be remedied in a timely manner to the commission's	20123
satisfaction; otherwise, the electric distribution utility shall	20124
withdraw the application. However, if such remedy is made and the	20125
subsequent finding is positive and also if the electric	20126
distribution utility made a simultaneous filing under this	20127
section and section 4928.143 of the Revised Code, the utility	20128
shall not initiate its competitive bid until at least one hundred	20129
fifty days after the filing date of those applications.	20130

(C) Upon the completion of the competitive bidding process	20131
authorized by divisions (A) and (B) of this section, including for	20132
the purpose of division (D) of this section, the commission shall	20133
select the least-cost bid winner or winners of that process, and	20134
such selected bid or bids, as prescribed as retail rates by the	20135
commission, shall be the electric distribution utility's	20136
standard service offer unless the commission, by order issued	20137
before the third calendar day following the conclusion of the	20138
competitive bidding process for the market rate offer, determines	20139
that one or more of the following criteria were not met:	20140

(1) Each portion of the bidding process was oversubscribed,	20141
such that the amount of supply bid upon was greater than the	20142
amount of the load bid out.	20143

(2) There were four or more bidders.

20144

(3) At least twenty-five per cent of the load is bid upon by	20145
one or more persons other than the electric distribution utility.	20146

All costs incurred by the electric distribution utility as a	20147
result of or related to the competitive bidding process or to	20148
procuring generation service to provide the standard service	20149
offer, including the costs of energy and capacity and the costs	20150
of all other products and services procured as a result of the	20151
competitive bidding process, shall be timely recovered through	20152
the standard service offer price, and, for that purpose, the	20153
commission shall approve a reconciliation mechanism, other	20154
recovery mechanism, or a combination of such mechanisms for the	20155
utility.	20156

(D) The first application filed under this section by an	20157
electric distribution utility that, as of ~~the effective date of~~	20158
~~this section~~July 31, 2008, directly owns, in whole or in part,	20159
operating electric generating facilities that had been used and	20160
useful in this state shall require that a portion of that	20161
utility's standard service offer load for the first five years	20162
of the market rate offer be competitively bid under division	20163
(A) of this section as follows: ten per cent of the load in	20164
year one ~~and~~, not ~~less~~more than twenty per cent in year two,	20165
not more than thirty per cent in year three, not more than	20166
forty per cent in year four, and not more than fifty per cent	20167
in year five. Consistent with those percentages, the	20168
commission shall determine the actual percentages for each	20169
year of years one through five. The standard service offer	20170
price for retail electric generation service under this first	20171
application shall be a proportionate blend of the bid price	20172
and the generation service price for the remaining standard	20173
service offer load, which latter price shall be equal to the	20174
electric distribution utility's most recent standard service	20175
offer price, adjusted upward or downward as the commission	20176
determines reasonable, relative to the jurisdictional portion	20177
of any known and measurable changes from the level of any one	20178
or more of the following costs as reflected in that most recent	20179
standard service offer price:	20180

(1) The electric distribution utility's prudently incurred	20181
cost of fuel used to produce electricity;	20182

(2) Its prudently incurred purchased power costs;

20183

(3) Its prudently incurred costs of satisfying the supply and	20184
demand portfolio requirements of this state, including, but not	20185
limited to, renewable energy resource and energy efficiency	20186
requirements;	20187

(4) Its costs prudently incurred to comply with environmental	20188
laws and regulations, with consideration of the derating of any	20189
facility associated with those costs.	20190

In making any adjustment to the most recent standard service	20191
offer price on the basis of costs described in division (D) of	20192
this section, the commission shall include the benefits that may	20193
become available to the electric distribution utility as a result	20194
of or in connection with the costs included in the adjustment,	20195
including, but not limited to, the utility's receipt of emissions	20196
credits or its receipt of tax benefits or of other benefits, and,	20197
accordingly, the commission may impose such conditions on the	20198
adjustment to ensure that any such benefits are properly aligned	20199
with the associated cost responsibility. The commission shall	20200
also determine how such adjustments will affect the electric	20201
distribution utility's return on common equity that may be	20202
achieved by those adjustments. The commission shall not apply its	20203
consideration of the return on common equity to reduce any	20204
adjustments authorized under this division unless the adjustments	20205
will cause the electric distribution utility to earn a return on	20206
common equity that is significantly in excess of the return on	20207
common equity that is earned by publicly traded companies,	20208
including utilities, that face comparable business and financial	20209
risk, with such adjustments for capital structure as may be	20210
appropriate. The burden of proof for demonstrating that	20211
significantly excessive earnings will not occur shall be on the	20212
electric distribution utility.	20213

Additionally, the commission may adjust the electric	20214
distribution utility's most recent standard service offer price by	20215
such just and reasonable amount that the commission determines	20216
necessary to address any emergency that threatens the utility's	20217
financial integrity or to ensure that the resulting revenue	20218
available to the utility for providing the standard service offer	20219
is not so inadequate as to result, directly or indirectly, in a	20220
taking of property without compensation pursuant to Section 19 of	20221
Article I, Ohio Constitution. The electric distribution utility	20222
has the burden of demonstrating that any adjustment to its most	20223
recent standard service offer price is proper in accordance with	20224
this division.	20225

(E) Beginning in the second year of a blended price under	20226
division (D) of this section and notwithstanding any other	20227
requirement of this section, the commission may alter	20228
prospectively the proportions specified in that division to	20229
mitigate any effect of an abrupt or significant change in the	20230
electric distribution utility's standard service offer price that	20231
would otherwise result in general or with respect to any rate	20232
group or rate schedule but for such alteration. Any such	20233
alteration shall be made not more often than annually, and the	20234
commission shall not, by altering those proportions and in any	20235
event, including because of the length of time, as authorized	20236
under division (C) of this section, taken to approve the market	20237
rate offer, cause the duration of the blending period to exceed	20238
ten years as counted from the effective date of the approved	20239
market rate offer. Additionally, any such alteration shall be	20240
limited to an alteration affecting the prospective proportions	20241
used during the blending period and shall not affect any blending	20242
proportion previously approved and applied by the commission	20243
under this division.	20244

(F) An electric distribution utility that has received	20245
commission approval of its first application under division (C) of	20246
this section shall not, nor ever shall be authorized or required	20247
by the commission to, file an application under section 4928.143	20248
of the Revised Code.	20249

Sec. 4928.20. (A) The legislative authority of a municipal	20250
corporation may adopt an ordinance, or the board of township	20251
trustees of a township or the board of county commissioners of a	20252
county may adopt a resolution, under which, on or after the	20253
starting date of competitive retail electric service, it may	20254
aggregate in accordance with this section the retail electrical	20255
loads located, respectively, within the municipal corporation,	20256
township, or unincorporated area of the county and, for that	20257
purpose, may enter into service agreements to facilitate for those	20258
loads the sale and purchase of electricity. The legislative	20259
authority or board also may exercise such authority jointly with	20260
any other such legislative authority or board. For customers that	20261
are not mercantile customers, an ordinance or resolution under	20262
this division shall specify whether the aggregation will occur	20263
only with the prior, affirmative consent of each person owning,	20264
occupying, controlling, or using an electric load center proposed	20265
to be aggregated or will occur automatically for all such persons	20266
pursuant to the opt-out requirements of division (D) of this	20267
section. The aggregation of mercantile customers shall occur only	20268
with the prior, affirmative consent of each such person owning,	20269
occupying, controlling, or using an electric load center proposed	20270
to be aggregated. Nothing in this division, however, authorizes	20271
the aggregation of the retail electric loads of an electric load	20272
center, as defined in section 4933.81 of the Revised Code, that	20273
is located in the certified territory of a nonprofit electric	20274
supplier under sections 4933.81 to 4933.90 of the Revised Code or	20275
an electric load center served by transmission or distribution	20276
facilities of a municipal electric utility.	20277

(B) If an ordinance or resolution adopted under division (A)	20278
of this section specifies that aggregation of customers that are	20279
not mercantile customers will occur automatically as described in	20280
that division, the ordinance or resolution shall direct the board	20281
of elections to submit the question of the authority to aggregate	20282
to the electors of the respective municipal corporation, township,	20283
or unincorporated area of a county at a special election on the	20284
day of the next primary or general election in the municipal	20285
corporation, township, or county. The legislative authority or	20286
board shall certify a copy of the ordinance or resolution to the	20287
board of elections not less than seventy-five days before the day	20288
of the special election. No ordinance or resolution adopted under	20289
division (A) of this section that provides for an election under	20290
this division shall take effect unless approved by a majority of	20291
the electors voting upon the ordinance or resolution at the	20292
election held pursuant to this division.	20293

(C) Upon the applicable requisite authority under divisions	20294
(A) and (B) of this section, the legislative authority or board	20295
shall develop a plan of operation and governance for the	20296
aggregation program so authorized. Before adopting a plan under	20297
this division, the legislative authority or board shall hold at	20298
least two public hearings on the plan. Before the first hearing,	20299
the legislative authority or board shall publish notice of the	20300
hearings once a week for two consecutive weeks in a newspaper of	20301
general circulation in the jurisdiction. The notice shall	20302
summarize the plan and state the date, time, and location of each	20303
hearing.	20304

(D) No legislative authority or board, pursuant to an	20305
ordinance or resolution under divisions (A) and (B) of this	20306
section that provides for automatic aggregation of customers that	20307
are not mercantile customers as described in division (A) of this	20308
section, shall aggregate the electrical load of any electric load	20309
center located within its jurisdiction unless it in advance	20310
clearly discloses to the person owning, occupying, controlling,	20311
or using the load center that the person will be enrolled	20312
automatically in the aggregation program and will remain so	20313
enrolled unless the person affirmatively elects by a stated	20314
procedure not to be so enrolled. The disclosure shall state	20315
prominently the rates, charges, and other terms and conditions of	20316
enrollment. The stated procedure shall allow any person enrolled	20317
in the aggregation program the opportunity to opt out of the	20318
program every three years, without paying a switching fee. Any	20319
such person that opts out before the commencement of the	20320
aggregation program pursuant to the stated procedure shall	20321
default to the standard service offer provided under section	20322
4928.14 or division (D) of section 4928.35 of the Revised Code	20323
until the person chooses an alternative supplier.	20324

(E)(1) With respect to a governmental aggregation for a	20325
municipal corporation that is authorized pursuant to divisions (A)	20326
to (D) of this section, resolutions may be proposed by initiative	20327
or referendum petitions in accordance with sections 731.28 to	20328
731.41 of the Revised Code.	20329

(2) With respect to a governmental aggregation for a township	20330
or the unincorporated area of a county, which aggregation is	20331
authorized pursuant to divisions (A) to (D) of this section,	20332
resolutions may be proposed by initiative or referendum petitions	20333
in accordance with sections 731.28 to 731.40 of the Revised Code,	20334
except that:	20335

(a) The petitions shall be filed, respectively, with the	20336
township fiscal officer or the board of county commissioners, who	20337
shall perform those duties imposed under those sections upon the	20338
city auditor or village clerk.	20339

(b) The petitions shall contain the signatures of not less	20340
than ten per cent of the total number of electors in,	20341
respectively, the township or the unincorporated area of the	20342
county who voted for the office of governor at the preceding	20343
general election for that office in that area.	20344

(F) A governmental aggregator under division (A) of this	20345
section is not a public utility engaging in the wholesale purchase	20346
and resale of electricity, and provision of the aggregated service	20347
is not a wholesale utility transaction. A governmental aggregator	20348
shall be subject to supervision and regulation by the public	20349
utilities commission only to the extent of any competitive retail	20350
electric service it provides and commission authority under this	20351
chapter.	20352

(G) This section does not apply in the case of a municipal	20353
corporation that supplies such aggregated service to electric load	20354
centers to which its municipal electric utility also supplies a	20355
noncompetitive retail electric service through transmission or	20356
distribution facilities the utility singly or jointly owns or	20357
operates.	20358

(H) A governmental aggregator shall not include in its	20359
aggregation the accounts of any of the following:	20360

(1) A customer that has opted out of the aggregation;

20361

(2) A customer in contract with a certified electric	20362
services company;	20363

(3) A customer that has a special contract with an electric	20364
distribution utility;	20365

(4) A customer that is not located within the governmental	20366
aggregator's governmental boundaries;	20367

(5) Subject to division (C) of section 4928.21 of the Revised	20368
Code, a customer who appears on the "do not aggregate" list	20369
maintained under that section.	20370

(I) Customers that are part of a governmental aggregation	20371
under this section shall be responsible only for such portion of a	20372
surcharge under section 4928.144 of the Revised Code that is	20373
proportionate to the benefits, as determined by the commission,	20374
that electric load centers within the jurisdiction of the	20375
governmental ~~aggregation's customers~~aggregation as ~~an aggregated~~	20376
a group receive. The proportionate surcharge so established shall	20377
apply to each customer of the governmental aggregation while the	20378
customer is part of that aggregation. If a customer ceases being	20379
such a customer, the otherwise applicable surcharge shall apply.	20380
Nothing in this section shall result in less than full recovery by	20381
an electric distribution utility of any surcharge authorized under	20382
section 4928.144 of the Revised Code.	20383

(J) On behalf of the customers that are part of a	20384
governmental aggregation under this section and by filing written	20385
notice with the public utilities commission, the legislative	20386
authority that formed or is forming that governmental aggregation	20387
may elect not to receive standby service within the meaning of	20388
division (B)(2)~~(e)~~(d) of section 4928.143 of the Revised Code	20389
from an electric distribution utility in whose certified	20390
territory the governmental aggregation is located and that	20391
operates under an approved electric security plan under that	20392
section. Upon the filing of that notice, the electric	20393
distribution utility shall not charge any such customer to whom	20394
~~electricity is delivered~~competitive retail electric generation	20395
service is provided by another supplier under the governmental	20396
aggregation for the standby service. Any such consumer that	20397
returns to the utility for competitive retail electric service	20398
shall pay the market price of power incurred by the utility to	20399
serve that consumer plus any amount attributable to the utility's	20400
cost of compliance with the alternative energy resource	20401
provisions of section 4928.64 of the Revised Code to serve the	20402
consumer. Such market price shall include, but not be limited to,	20403
capacity and energy charges; all charges associated with the	20404
provision of that power supply through the regional transmission	20405
organization, including, but not limited to, transmission,	20406
ancillary services, congestion, and settlement and administrative	20407
charges; and all other costs incurred by the utility that are	20408
associated with the procurement, provision, and administration of	20409
that power supply, as such costs may be approved by the	20410
commission. The period of time during which the market price and	20411
alternative energy resource amount shall be so assessed on the	20412
consumer shall be from the time the consumer so returns to the	20413
electric distribution utility until the expiration of the	20414
electric security plan. However, if that period of time is	20415
expected to be more than two years, the commission may reduce the	20416
time period to a period of not less than two years.	20417

(K) The commission shall adopt rules to encourage and promote	20418
large-scale governmental aggregation in this state. For that	20419
purpose, the commission shall conduct an immediate review of any	20420
rules it has adopted for the purpose of this section that are in	20421
effect on the effective date of the amendment of this section by	20422
S.B. 221 of the 127th general assembly, July 31, 2008. Further,	20423
within the context of an electric security plan under section	20424
4928.143 of the Revised Code, the commission shall consider the	20425
effect on large-scale governmental aggregation of any	20426
nonbypassable generation charges, however collected, that would	20427
be established under that plan, except any nonbypassable	20428
generation ~~charge~~charges that ~~relates~~relate to aany cost	20429
incurred by the electric distribution utility, the deferral of	20430
which has been authorized by the commission prior to the	20431
effective date of the amendment of this section by S.B. 221 of	20432
the 127th general assembly, July 31, 2008.	20433

Sec. 4981.14. (A) The Ohio rail development commission may	20434
exercise all powers necessary or appropriate to carry out its	20435
corporate purposes.	20436

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

20437

(1) Adopt, and from time to time, ratify, amend, and repeal	20438
bylaws necessary and proper for the regulation of its affairs and	20439
the conduct of its business and rules to implement and make	20440
effective its powers and duties;	20441

(2) Adopt an official seal;

20442

(3) Maintain a principal office in Columbus and, if	20443
necessary, regional sub-offices at locations properly designated	20444
or provided;	20445

(4) Sue and be sued in its own name and plead and be	20446
impleaded in its own name, particularly to enforce the obligations	20447
and covenants made under this section and sections 4981.13,	20448
~~4981.14,~~ and 4981.29 of the Revised Code. Any actions against the	20449
commission shall be brought in the court of common pleas in	20450
Franklin county, in which the principal office of the commission	20451
shall be located.	20452

(5) Undertake or cause to be undertaken the acquisition,	20453
renovation, repair, refunding, operation, maintenance, or	20454
construction of any rail service project;	20455

(6) Establish and operate a revolving loan fund for the	20456
purpose of making loans to qualifying subdivisions, local or	20457
regional transportation authorities, or other persons for the	20458
acquisition, renovation, repair, refunding, or construction of	20459
rail service projects by such qualifying subdivisions, local or	20460
regional transportation authorities, and private corporations or	20461
organizations, and the repayment thereof from project financing	20462
proceeds and revenues; purchase the obligations of counties and	20463
municipal corporations issued for the acquisition, renovation,	20464
repair, or construction of rail service projects by such	20465
qualifying subdivisions and local or regional transportation	20466
authorities; and adopt rules and procedures for making those loans	20467
or purchasing those obligations;	20468

(7) Issue bonds and notes and refunding obligations of the	20469
state, payable as provided in this chapter unless the bonds are	20470
refunded by refunding bonds, for the purpose of borrowing money to	20471
implement any power granted by divisions (B)(5) and (6) of this	20472
section for one or more rail service projects or parts thereof;	20473

(8) Acquire by gift or purchase, hold, or dispose of real and	20474
personal property in the exercise of its powers and performance of	20475
its duties as set forth in this chapter;	20476

(9) Make and enter into all contracts and agreements and	20477
execute all instruments necessary or incidental to the performance	20478
of its duties and the execution of its powers and to employ	20479
natural persons to act on behalf of the commission, and to	20480
establish the terms and conditions of such employment;	20481

(10) Receive and accept from any federal agency or other	20482
person, subject to the approval of the governor, grants for or in	20483
aid of the construction, repair, renovation, operation,	20484
maintenance, or acquisition of rail service projects, and receive	20485
and accept aid or contributions from any source of money,	20486
property, labor, or other things of value, to be held, used, and	20487
applied only for the purposes for which the grants and	20488
contributions are made;	20489

(11) Purchase property coverage and liability insurance for	20490
any rail service project and for any offices of the commission,	20491
insurance protecting the commission and its officers and employees	20492
against liability, if any, or damage to property or injury to or	20493
death of persons arising from its operations, and any other	20494
insurance the commission may agree to provide under any resolution	20495
authorizing the issuance of bonds in accordance with sections	20496
4981.11 to 4981.26 of the Revised Code, or in any trust agreement	20497
securing the same;	20498

(12) Establish or increase reserves from moneys received or	20499
to be received by the commission to secure or pay the principal of	20500
and interest on bonds, notes, or other obligations issued by the	20501
commission pursuant to this chapter or other law. Moneys, funds,	20502
and accounts of the commission, however, are subject only to audit	20503
by the auditor of state and all moneys, funds, and accounts shall	20504
be held in custody or deposited as directed by resolution of the	20505
commission and unless otherwise provided by law all moneys of the	20506
commission not pledged to the holders of bonds of the commission	20507
shall be appropriated by the general assembly.	20508

(13) Receive and disburse the proceeds of general obligation	20509
or other bonds of the state or agencies thereof as may be allowed	20510
by law pursuant to any resolution or act of the general assembly;	20511

(14) To the extent permitted under its contracts with the	20512
holders of bonds or notes of the commission, consent to	20513
modification of the rate of interest, time and payment of	20514
installment of principal or interest, security, or any other term	20515
of a bond, contract, or agreement of any kind to which the	20516
commission is a party;	20517

(15) Make grants to counties or municipal corporations,	20518
qualifying subdivisions, local or regional transportation	20519
authorities, or other persons for one or more rail service	20520
projects ofor parts thereof;	20521

(16) Provide consultation services to any qualifying	20522
subdivision, local or regional transportation authority, or other	20523
person in connection with the acquisition, renovation, repair, or	20524
construction of any rail service project;	20525

(17) Establish and amend the criteria and qualifications for	20526
the making of any loan to or the purchasing of any bond from any	20527
qualifying subdivision, local or regional transportation	20528
authority, or other person and the terms not inconsistent with	20529
this chapter of any loan or bond purchase agreement with any	20530
qualifying subdivision, local or regional transportation	20531
authority, or other person;	20532

(18) Deposit money received from the repayment of loans and	20533
recoveries from the sale, lease, or other disposition of property	20534
acquired or constructed from amounts loaned by the commission	20535
pursuant to section 4981.13 of the Revised Code or division (B) of	20536
this section, in an account pledged to secure, and applied to the	20537
repayment, without the need for appropriation, of, obligations	20538
issued under section 166.08 of the Revised Code to pay the costs	20539
of property, facilities, or equipment that qualifies as rail	20540
service projects; enter into agreements with the treasurer of	20541
state or a corporate trustee for such obligations to provide for	20542
the deposit and pledge of such money as specified in the	20543
agreement, to permit the withdrawal of money by the treasurer of	20544
state or corporate trustee from the account as necessary for	20545
application to the payment of debt service on such obligations,	20546
and to permit the investment of those amounts, without regard to	20547
Chapter 131. or 135. of the Revised Code, pending their	20548
application to the payment of debt service; and enter into	20549
agreements with persons to provide for the repayment of any	20550
amounts paid from any pledged account in connection with	20551
obligations issued under section 166.08 of the Revised Code;	20552

(19) Do all acts necessary and proper to carry out the powers	20553
expressly granted to the commission in this chapter.	20554

(C) Any instrument by which real property is acquired	20555
pursuant to this section shall identify the agency of the state	20556
that has the use and benefit of the real property as specified in	20557
section 5301.012 of the Revised Code.	20558

Sec. 5101.143. (A) The state adoption assistance loan fund	20559
is hereby created in the state treasury. The fund shall consist	20560
of all money appropriated or transferred to it and all loan	20561
repayments or other money, including interest and penalties,	20562
derived from state adoption assistance loans. The department of	20563
job and family services shall administer the fund. Money in the	20564
fund shall be used to make state adoption assistance loans to	20565
prospective adoptive parents applying for a loan under section	20566
3107.018 of the Revised Code. All investment earnings of the fund	20567
shall be credited to the fund.	20568

(B) The director of job and family services shall adopt rules	20569
in accordance with Chapter 119. of the Revised Code as necessary	20570
to implement this section, including rules for creating a loan	20571
application form, procedures and standards for reviewing and	20572
granting or denying loan applications, conditions on the use of	20573
the loan, loan repayment terms, procedures for collection of loan	20574
arrearages, and any monetary penalties for loan arrearages or	20575
improper use of loan funds.	20576

Sec. 5101.26. As used in this section and in sections	20577
5101.27 to 5101.30 of the Revised Code:	20578

(A) "County agency" means a county department of job and	20579
family services or a public children services agency.	20580

(B) "Fugitive felon" means an individual who is fleeing to	20581
avoid prosecution, or custody or confinement after conviction,	20582
under the laws of the place from which the individual is fleeing,	20583
for a crime or an attempt to commit a crime that is a felony under	20584
the laws of the place from which the individual is fleeing or, in	20585
the case of New Jersey, a high misdemeanor, regardless of whether	20586
the individual has departed from the individual's usual place of	20587
residence.	20588

(C) "Information" means records as defined in section 149.011	20589
of the Revised Code, any other documents in any format, and data	20590
derived from records and documents that are generated, acquired,	20591
or maintained by the department of job and family services, a	20592
county agency, or an entity performing duties on behalf of the	20593
department or a county agency.	20594

(D) "Law enforcement agency" means the state highway patrol,	20595
an agency that employs peace officers as defined in section 109.71	20596
of the Revised Code, the adult parole authority, a county	20597
department of probation, a prosecuting attorney, the attorney	20598
general, similar agencies of other states, federal law enforcement	20599
agencies, and postal inspectors. "Law enforcement agency" includes	20600
the peace officers and other law enforcement officers employed by	20601
the agency.	20602

(E) "Medical assistance provided under a public assistance	20603
program" means medical assistance provided under the programs	20604
established under sections 5101.49, 5101.50 to 5101.503, 5101.51	20605
to 5101.5110, ~~and~~ 5101.52 to 5101.529, and 5101.5211 to 5101.5216,	20606
Chapters 5111. and 5115., or any other provision of the Revised	20607
Code.	20608

(F) "Public assistance" means financial assistance, medical	20609
assistance, or social services provided under a program	20610
administered by the department of job and family services or a	20611
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	20612
5108., 5111., or 5115. of the Revised Code or an executive order	20613
issued under section 107.17 of the Revised Code.	20614

(G) "Public assistance recipient" means an applicant for or	20615
recipient or former recipient of public assistance.	20616

Sec. 5101.5211. (A) As used in sections 5101.5211 to	20617
5101.5216 of the Revised Code:	20618

"Children's buy-in program" means the program established	20619
under sections 5101.5211 to 5101.5216 of the Revised Code.	20620

"Countable family income" has the meaning established in	20621
rules adopted under section 5101.5215 of the Revised Code.	20622

"Creditable coverage" has the same meaning as in 42 U.S.C.	20623
300gg(c)(1), except that it does not mean medical assistance	20624
available under the children's buy-in program or the program for	20625
medically handicapped children.	20626

"Family" has the meaning established in rules adopted under	20627
section 5101.5215 of the Revised Code.	20628

"Federal poverty guidelines" has the same meaning as in	20629
section 5101.46 of the Revised Code.	20630

"Program for medically handicapped children" means the	20631
program established under sections 3701.021 to 3701.0210 of the	20632
Revised Code.	20633

(B) The director of job and family services shall establish	20634
the children's buy-in program in accordance with sections	20635
5101.5211 to 5101.5216 of the Revised Code. The director shall	20636
submit to the United States secretary of health and human	20637
services an amendment to the state medicaid plan, an amendment to	20638
the state child health plan, one or more requests for a federal	20639
waiver, or such an amendment and waiver requests as necessary to	20640
seek federal matching funds for the children's buy-in program.	20641
The director shall not begin implementation of the program until	20642
after submitting the amendment, waiver request, or both. The	20643
director may begin implementation of the program before receiving	20644
approval of the amendment, waiver request, or both using state	20645
funds only. The director shall implement the program regardless	20646
of whether the amendment, waiver request, or both are denied. The	20647
program shall be funded with state funds only if the United	20648
States secretary denies federal matching funds for the program.	20649
If the United States secretary approves federal matching funds for	20650
the program and if permitted under the terms of the approval, the	20651
program shall be operated as part of the medicaid program, the	20652
children's health insurance program, or both.	20653

Sec. 5101.5212. Under the children's buy-in program and	20654
subject to section 5101.5213 of the Revised Code, an individual	20655
who does both of the following in accordance with rules adopted	20656
under section 5101.5215 of the Revised Code qualifies for	20657
medical assistance under the program, unless the director of job	20658
and family services has adopted rules under division (B) of	20659
section 5101.5215 of the Revised Code to limit the number of	20660
individuals who may participate in the program at one time and the	20661
program is serving the maximum number of individuals specified in	20662
the rules:	20663

(A) Applies for the children's buy-in program;

20664

(B) Provides satisfactory evidence of all of the following:

20665

(1) That the individual is under nineteen years of age;

20666

(2) That the individual's countable family income exceeds	20667
~~three~~two hundred fifty per cent of the federal poverty	20668
guidelines;	20669

(3) That the individual has not had creditable coverage for	20670
at least six months before enrolling in the children's buy-in	20671
program, unless the individual lost the only creditable coverage	20672
available to the individual because the individual exhausted a	20673
lifetime benefit limitation;	20674

(4) That one or more of the following apply to the	20675
individual:	20676

(a) The individual is unable to obtain creditable coverage	20677
due to a pre-existing condition of the individual;	20678

(b) The individual lost the only creditable coverage	20679
available to the individual because the individual has exhausted	20680
a lifetime benefit limitation;	20681

(c) The premium for the only creditable coverage available to	20682
the individual is greater than two hundred per cent of the premium	20683
applicable to the individual under the children's buy-in program;	20684

(d) The individual participates in the program for medically	20685
handicapped children.	20686

(5) That the individual meets the additional eligibility	20687
requirements for the children's buy-in program established in	20688
rules adopted under section 5101.5215 of the Revised Code.	20689

Sec. 5101.5213. (A) An individual participating in the	20690
children's buy-in program shall be charged a monthly premium	20691
established by rules adopted under section 5101.5215 of the	20692
Revised Code. The amount of the monthly premium shall not be less	20693
than the following:	20694

(1) In the case of an individual with countable family income	20695
exceeding ~~three~~two hundred fifty per cent but not exceeding	20696
four hundred per cent of the federal poverty guidelines, the	20697
following amount:	20698

(a) If no other member of the individual's family receives	20699
medical assistance under the program with the individual, one	20700
hundred dollars;	20701

(b) If one or more members of the individual's family receive	20702
medical assistance under the program with the individual, one	20703
hundred fifty dollars.	20704

(2) In the case of an individual with countable family income	20705
exceeding four hundred per cent but not exceeding five hundred	20706
per cent of the federal poverty guidelines, the following	20707
amount:	20708

(a) If no other member of the individual's family receives	20709
medical assistance under the program with the individual, one	20710
hundred twenty-five dollars;	20711

(b) If one or more members of the individual's family receive	20712
medical assistance under the program with the individual, one	20713
hundred seventy-five dollars.	20714

(3) In the case of an individual with countable family	20715
income exceeding five hundred per cent of the federal poverty	20716
guidelines, the full amount of the actuarially determined cost	20717
of the premium.	20718

(B) If the premium for the children's buy-in program is not	20719
paid for two consecutive months, the individual shall lose	20720
eligibility for the program. The individual may not resume	20721
participation in the program until the unpaid premiums that	20722
accrued before the individual lost eligibility are paid.	20723

Sec. 5101.5214. (A) An individual participating in the	20724
children's buy-in program ~~may~~shall be charged co-payments to	20725
~~the extent required~~established by rules~~, if any,~~ adopted under	20726
~~division (B) of~~ section 5101.5215 of the Revised Code.	20727

(B) Notwithstanding division (B) of section 5111.0112 of the	20728
Revised Code, if applicable, and to the extent permitted by	20729
federal law, a provider may refuse to provide a service to an	20730
individual if a co-payment ~~authorized~~required by this section is	20731
not paid.	20732

Sec. 5101.5215. (A) The director of job and family services	20733
shall adopt rules in accordance with Chapter 119. of the Revised	20734
Code as necessary to implement the children's buy-in program,	20735
including rules that do all of the following:	20736

(1) Establish the meaning of "countable family income" and	20737
"family";	20738

(2) For the purpose of section 5101.5212 of the Revised	20739
Code, establish additional eligibility requirements for the	20740
program;	20741

(3) For the purpose of section 5101.5213 of the Revised	20742
Code, establish monthly premiums for the children's buy-in	20743
program;	20744

(4) For the purpose of section 5101.5214 of the Revised Code,	20745
establish copayment requirements for the children's buy-in	20746
program.	20747

(B) The director may adopt rules in accordance with Chapter	20748
119. of the Revised Code to ~~establish co-payment requirements~~	20749
~~for~~limit the number of individuals ~~participating~~who may	20750
participate in the children's buy-in program at one time.	20751

Sec. 5101.571. As used in sections 5101.571 to 5101.591 of	20752
the Revised Code:	20753

(A) "Information" means all of the following:

20754

(1) An individual's name, address, date of birth, and social	20755
security number;	20756

(2) The group or plan number, or other identifier, assigned	20757
by a third party to a policy held by an individual or a plan in	20758
which the individual participates and the nature of the coverage;	20759

(3) Any other data the director of job and family services	20760
specifies in rules adopted under section 5101.591 of the Revised	20761
Code.	20762

(B) "Medical assistance" means medical items or services	20763
provided under any of the following:	20764

(1) Medicaid, as defined in section 5111.01 of the Revised	20765
Code;	20766

(2) The children's health insurance program part I, part II,	20767
and part III established under sections 5101.50 to 5101.529 of the	20768
Revised Code;	20769

(3) The disability medical assistance program established	20770
under Chapter 5115. of the Revised Code;	20771

(4) The children's buy-in program established under sections	20772
5101.5211 to 5101.5216 of the Revised Code.	20773

(C) "Medical support" means support specified as support for	20774
the purpose of medical care by order of a court or administrative	20775
agency.	20776

(D) "Public assistance" means medical assistance or	20777
assistance under the Ohio works first program established under	20778
Chapter 5107. of the Revised Code.	20779

(E)(1) Subject to division (E)(2) of this section, and except	20780
as provided in division (E)(3) of this section, "third party"	20781
means all of the following:	20782

(a) A person authorized to engage in the business of sickness	20783
and accident insurance under Title XXXIX of the Revised Code;	20784

(b) A person or governmental entity providing coverage for	20785
medical services or items to individuals on a self-insurance	20786
basis;	20787

(c) A health insuring corporation as defined in section	20788
1751.01 of the Revised Code;	20789

(d) A group health plan as defined in 29 U.S.C. 1167;

20790

(e) A service benefit plan as referenced in 42 U.S.C.	20791
1396a(a)(25);	20792

(f) A managed care organization;

20793

(g) A pharmacy benefit manager;

20794

(h) A third party administrator;

20795

(i) Any other person or governmental entity that is, by law,	20796
contract, or agreement, responsible for the payment or processing	20797
of a claim for a medical item or service for a public assistance	20798
recipient or participant.	20799

(2) Except when otherwise provided by 42 U.S.C. 1395y(b), a	20800
person or governmental entity listed in division (E)(1) of this	20801
section is a third party even if the person or governmental entity	20802
limits or excludes payments for a medical item or service in the	20803
case of a public assistance recipient.	20804

(3) "Third party" does not include the program for medically	20805
handicapped children established under section 3701.023 of the	20806
Revised Code.	20807

Sec. 5101.572. (A) A third party shall cooperate with the	20808
department of job and family services in identifying individuals	20809
for the purpose of establishing third party liability pursuant to	20810
Title XIX of the Social Security Act, as amended.	20811

(B) In furtherance of the requirement in division (A) of this	20812
section and to allow the department to determine any period that	20813
the individual or the individual's spouse or dependent may have	20814
been covered by the third party and the nature of the coverage, a	20815
third party shall provide, as the department so chooses,	20816
information or access to information, or both, in the third	20817
party's electronic data system on the department's request and in	20818
accordance with division (C) of this section.	20819

(C)(1) If the department chooses to receive information	20820
directly, the third party shall provide the information under all	20821
of the following circumstances:	20822

(a) In a medium, format, and manner prescribed by the	20823
director of job and family services in rules adopted under section	20824
5101.591 of the Revised Code;	20825

(b) Free of charge;

20826

(c) Not later than the end of the thirtieth day after the	20827
department makes its request, unless a different time is agreed to	20828
by the director in writing.	20829

(2) If the department chooses to receive access to	20830
information, the third party shall provide access by a method	20831
prescribed by the director of job and family services in rules	20832
adopted under section 5101.591 of the Revised Code. In	20833
facilitating access, the department may enter into a trading	20834
partner agreement with the third party to permit the exchange of	20835
information via "ASC X 12N 270/271 Health Care Eligibility Benefit	20836
Inquiry and Response" transactions.	20837

(D) All of the following apply with respect to information	20838
provided by a third party to the department under this section:	20839

(1) The information is confidential and not a public record	20840
under section 149.43 of the Revised Code.	20841

(2) The release of information to the department is not to be	20842
considered a violation of any right of confidentiality or contract	20843
that the third party may have with covered persons including, but	20844
not limited to, contractees, beneficiaries, heirs, assignees, and	20845
subscribers.	20846

(3) The third party is immune from any liability that it may	20847
otherwise incur through its release of information to the	20848
department.	20849

The department of job and family services shall limit its use	20850
of information gained from third parties to purposes directly	20851
connected with the administration of the medicaid program and the	20852
child support program authorized by Title IV-D of the "Social	20853
Security Act."	20854

(E) No third party shall disclose to other parties or make	20855
use of any information regarding recipients of aid under Chapter	20856
5107. or 5111. of the Revised Code that it obtains from the	20857
department, except in the manner provided for by the director of	20858
job and family services in administrative rules.	20859

Sec. 5101.58. (A) The acceptance of public assistance gives	20860
an automatic right of recovery to the department of job and	20861
family services and a county department of job and family services	20862
against the liability of a third party for the cost of medical	20863
assistance paid on behalf of the public assistance recipient or	20864
participant. When an action or claim is brought against a third	20865
party by a public assistance recipient or participant, any	20866
payment, settlement or compromise of the action or claim, or any	20867
court award or judgment, is subject to the recovery right of the	20868
department of job and family services or county department of job	20869
and family services. Except in the case of a recipient or	20870
participant who receives medical assistance through a managed	20871
care organization, the department's or county department's claim	20872
shall not exceed the amount of medical assistance paid by a	20873
department on behalf of the recipient or participant. A payment,	20874
settlement, compromise, judgment, or award that excludes the	20875
cost of medical assistance paid for by a department shall not	20876
preclude a department from enforcing its rights under this	20877
section.	20878

(B) In the case of a recipient or participant who receives	20879
medical assistance through a managed care organization, the	20880
amount of the department's or county department's claim shall be	20881
the amount the managed care organization pays for medical	20882
assistance rendered to the recipient or participant, even if that	20883
amount is more than the amount a department pays to the managed	20884
care organization for the recipient's or participant's medical	20885
assistance.	20886

(C) A recipient or participant, and the recipient's or	20887
participant's attorney, if any, shall cooperate with the	20888
departments. In furtherance of this requirement, the recipient or	20889
participant, or the recipient's or participant's attorney, if	20890
any, shall, not later than thirty days after initiating informal	20891
recovery activity or filing a legal recovery action against a	20892
third party, provide written notice of the activity or action to	20893
the appropriate department or departments as follows:	20894

(1) To only the department of job and family services when	20895
medical assistance under medicaid or the children's buy-in program	20896
has been paid;	20897

(2) To the department of job and family services and the	20898
appropriate county department of job and family services when	20899
medical assistance under the disability medical assistance program	20900
has been paid.	20901

(D) The written notice that must be given under division (C)	20902
of this section shall disclose the identity and address of any	20903
third party against whom the recipient or participant has or may	20904
have a right of recovery.	20905

(E) No settlement, compromise, judgment, or award or any	20906
recovery in any action or claim by a recipient or participant	20907
where the departments have a right of recovery shall be made final	20908
without first giving the appropriate departments written notice as	20909
described in division (C) of this section and a reasonable	20910
opportunity to perfect their rights of recovery. If the	20911
departments are not given the appropriate written notice, the	20912
recipient or participant and, if there is one, the recipient's or	20913
participant's attorney, are liable to reimburse the departments	20914
for the recovery received to the extent of medical payments made	20915
by the departments.	20916

(F) The departments shall be permitted to enforce their	20917
recovery rights against the third party even though they accepted	20918
prior payments in discharge of their rights under this section if,	20919
at the time the departments received such payments, they were not	20920
aware that additional medical expenses had been incurred but had	20921
not yet been paid by the departments. The third party becomes	20922
liable to the department of job and family services or county	20923
department of job and family services as soon as the third party	20924
is notified in writing of the valid claims for recovery under this	20925
section.	20926

(G)(1) Subject to division (G)(2) of this section, the right	20927
of recovery of a department does not apply to that portion of any	20928
judgment, award, settlement, or compromise of a claim, to the	20929
extent of attorneys' fees, costs, or other expenses incurred by a	20930
recipient or participant in securing the judgment, award,	20931
settlement, or compromise, or to the extent of medical, surgical,	20932
and hospital expenses paid by such recipient or participant from	20933
the recipient's or participant's own resources.	20934

(2) Reasonable attorneys' fees, not to exceed one-third of	20935
the total judgment, award, settlement, or compromise, plus costs	20936
and other expenses incurred by the recipient or participant in	20937
securing the judgment, award, settlement, or compromise, shall	20938
first be deducted from the total judgment, award, settlement, or	20939
compromise. After fees, costs, and other expenses are deducted	20940
from the total judgment, award, settlement, or compromise, the	20941
department of job and family services or appropriate county	20942
department of job and family services shall receive no less than	20943
one-half of the remaining amount, or the actual amount of medical	20944
assistance paid, whichever is less.	20945

(H) A right of recovery created by this section may be	20946
enforced separately or jointly by the department of job and family	20947
services or the appropriate county department of job and family	20948
services. To enforce their recovery rights, the departments may do	20949
any of the following:	20950

(1) Intervene or join in any action or proceeding brought by	20951
the recipient or participant or on the recipient's or	20952
participant's behalf against any third party who may be liable for	20953
the cost of medical assistance paid;	20954

(2) Institute and pursue legal proceedings against any third	20955
party who may be liable for the cost of medical assistance paid;	20956

(3) Initiate legal proceedings in conjunction with any	20957
injured, diseased, or disabled recipient or participant or the	20958
recipient's or participant's attorney or representative.	20959

(I) A recipient or participant shall not assess attorney	20960
fees, costs, or other expenses against the department of job and	20961
family services or a county department of job and family services	20962
when the department or county department enforces its right of	20963
recovery created by this section.	20964

(J) The right of recovery given to the department under this	20965
section does not include rights to support from any other person	20966
assigned to the state under sections 5107.20 and 5115.07 of the	20967
Revised Code, but includes payments made by a third party under	20968
contract with a person having a duty to support.	20969

Sec. 5101.80. (A) As used in this section and in section	20970
5101.801 of the Revised Code:	20971

(1) "County family services agency" has the same meaning as	20972
in section 307.981 of the Revised Code.	20973

(2) "State agency" has the same meaning as in section 9.82 of	20974
the Revised Code.	20975

(3) "Title IV-A administrative agency" means both of the	20976
following:	20977

(a) A county family services agency or state agency	20978
administering a Title IV-A program under the supervision of the	20979
department of job and family services;	20980

(b) A government agency or private, not-for-profit entity	20981
administering a project funded in whole or in part with funds	20982
provided under the Title IV-A demonstration program created under	20983
section 5101.803 of the Revised Code.	20984

(4) "Title IV-A program" means all of the following that are	20985
funded in part with funds provided under the temporary assistance	20986
for needy families block grant established by Title IV-A of the	20987
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	20988
amended:	20989

(a) The Ohio works first program established under Chapter	20990
5107. of the Revised Code;	20991

(b) The prevention, retention, and contingency program	20992
established under Chapter 5108. of the Revised Code;	20993

(c) A program established by the general assembly or an	20994
executive order issued by the governor that is administered or	20995
supervised by the department of job and family services pursuant	20996
to section 5101.801 of the Revised Code;	20997

(d) The kinship permanency incentive program created under	20998
section 5101.802 of the Revised Code;	20999

(e) The Title IV-A demonstration program created under	21000
section 5101.803 of the Revised Code;	21001

(f) A component of a Title IV-A program identified under	21002
divisions (A)(4)(a) to (e) of this section that the Title IV-A	21003
state plan prepared under division (C)(1) of this section	21004
identifies as a component.	21005

(B) The department of job and family services shall act as	21006
the single state agency to administer and supervise the	21007
administration of Title IV-A programs. The Title IV-A state plan	21008
and amendments to the plan prepared under division (C) of this	21009
section are binding on Title IV-A administrative agencies. No	21010
Title IV-A administrative agency may establish, by rule or	21011
otherwise, a policy governing a Title IV-A program that is	21012
inconsistent with a Title IV-A program policy established, in rule	21013
or otherwise, by the director of job and family services.	21014

(C) The department of job and family services shall do all of	21015
the following:	21016

(1) Prepare and submit to the United States secretary of	21017
health and human services a Title IV-A state plan for Title IV-A	21018
programs;	21019

(2) Prepare and submit to the United States secretary of	21020
health and human services amendments to the Title IV-A state plan	21021
that the department determines necessary, including amendments	21022
necessary to implement Title IV-A programs identified in divisions	21023
(A)(4)(c) to (f) of this section;	21024

(3) Prescribe forms for applications, certificates, reports,	21025
records, and accounts of Title IV-A administrative agencies, and	21026
other matters related to Title IV-A programs;	21027

(4) Make such reports, in such form and containing such	21028
information as the department may find necessary to assure the	21029
correctness and verification of such reports, regarding Title IV-A	21030
programs;	21031

(5) Require reports and information from each Title IV-A	21032
administrative agency as may be necessary or advisable regarding a	21033
Title IV-A program;	21034

(6) Afford a fair hearing in accordance with section 5101.35	21035
of the Revised Code to any applicant for, or participant or former	21036
participant of, a Title IV-A program aggrieved by a decision	21037
regarding the program;	21038

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	21039
and 5108. of the Revised Code and sections 5101.801, 5101.802, and	21040
5101.803 of the Revised Code, any sums appropriated by the general	21041
assembly for the purpose of those chapters and sections and all	21042
sums paid to the state by the secretary of the treasury of the	21043
United States as authorized by Title IV-A of the "Social Security	21044
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended;	21045

(8) Conduct investigations and audits as are necessary	21046
regarding Title IV-A programs;	21047

(9) Enter into reciprocal agreements with other states	21048
relative to the provision of Ohio works first and prevention,	21049
retention, and contingency to residents and nonresidents;	21050

(10) Contract with a private entity to conduct an independent	21051
on-going evaluation of the Ohio works first program and the	21052
prevention, retention, and contingency program. The contract must	21053
require the private entity to do all of the following:	21054

(a) Examine issues of process, practice, impact, and	21055
outcomes;	21056

(b) Study former participants of Ohio works first who have	21057
not participated in Ohio works first for at least one year to	21058
determine whether they are employed, the type of employment in	21059
which they are engaged, the amount of compensation they are	21060
receiving, whether their employer provides health insurance,	21061
whether and how often they have received benefits or services	21062
under the prevention, retention, and contingency program, and	21063
whether they are successfully self sufficient;	21064

(c) Provide the department with reports at times the	21065
department specifies.	21066

(11) Not later than ~~January 1, 2001, and~~ the ~~first~~last day	21067
of each January and July ~~thereafter~~, prepare a report containing	21068
information on the following:	21069

(a) Individuals exhausting the time limits for participation	21070
in Ohio works first set forth in section 5107.18 of the Revised	21071
Code.	21072

(b) Individuals who have been exempted from the time limits	21073
set forth in section 5107.18 of the Revised Code and the reasons	21074
for the exemption.	21075

(D) The department shall provide copies of the reports it	21076
receives under division (C)(10) of this section and prepares under	21077
division (C)(11) of this section to the governor, the president	21078
and minority leader of the senate, and the speaker and minority	21079
leader of the house of representatives. The department shall	21080
provide copies of the reports to any private or government entity	21081
on request.	21082

(E) An authorized representative of the department or a	21083
county family services agency or state agency administering a	21084
Title IV-A program shall have access to all records and	21085
information bearing thereon for the purposes of investigations	21086
conducted pursuant to this section. An authorized representative	21087
of a government entity or private, not-for-profit entity	21088
administering a project funded in whole or in part with funds	21089
provided under the Title IV-A demonstration program shall have	21090
access to all records and information bearing on the project for	21091
the purpose of investigations conducted pursuant to this section.	21092

Sec. 5104.02. (A) The director of job and family services is	21093
responsible for the licensing of child day-care centers and type A	21094
family day-care homes. Each entity operating a head start program	21095
shall meet the criteria for, and be licensed as, a child day-care	21096
center. The director is responsible for the enforcement of this	21097
chapter and of rules promulgated pursuant to this chapter.	21098

No person, firm, organization, institution, or agency shall	21099
operate, establish, manage, conduct, or maintain a child day-care	21100
center or type A family day-care home without a license issued	21101
under section 5104.03 of the Revised Code. The current license	21102
shall be posted in a conspicuous place in the center or type A	21103
home that is accessible to parents, custodians, or guardians and	21104
employees of the center or type A home at all times when the	21105
center or type A home is in operation.	21106

(B) A person, firm, institution, organization, or agency	21107
operating any of the following programs is exempt from the	21108
requirements of this chapter:	21109

(1) A program of child care that operates for two or less	21110
consecutive weeks;	21111

(2) Child care in places of worship during religious	21112
activities during which children are cared for while at least one	21113
parent, guardian, or custodian of each child is participating in	21114
such activities and is readily available;	21115

(3) Religious activities which do not provide child care;

21116

(4) Supervised training, instruction, or activities of	21117
children in specific areas, including, but not limited to: art;	21118
drama; dance; music; gymnastics, swimming, or another athletic	21119
skill or sport; computers; or an educational subject conducted on	21120
an organized or periodic basis no more than one day a week and for	21121
no more than six hours duration;	21122

(5) Programs in which the director determines that at least	21123
one parent, custodian, or guardian of each child is on the	21124
premises of the facility offering child care and is readily	21125
accessible at all times, except that child care provided on the	21126
premises at which a parent, custodian, or guardian is employed	21127
more than two and one-half hours a day shall be licensed in	21128
accordance with division (A) of this section;	21129

(6)(a) Programs that provide child care funded and regulated	21130
or operated and regulated by state departments other than the	21131
department of job and family services or the state board of	21132
education when the director of job and family services has	21133
determined that the rules governing the program are equivalent to	21134
or exceed the rules promulgated pursuant to this chapter.	21135

Notwithstanding any exemption from regulation under this	21136
chapter, each state department shall submit to the director of job	21137
and family services a copy of the rules that govern programs that	21138
provide child care and are regulated or operated and regulated by	21139
the department. Annually, each state department shall submit to	21140
the director a report for each such program it regulates or	21141
operates and regulates that includes the following information:	21142

(i) The site location of the program;

21143

(ii) The maximum number of infants, toddlers, preschool	21144
children, or school children served by the program at one time;	21145

(iii) The number of adults providing child care for the	21146
number of infants, toddlers, preschool children, or school	21147
children;	21148

(iv) Any changes in the rules made subsequent to the time	21149
when the rules were initially submitted to the director.	21150

The director shall maintain a record of the child care	21151
information submitted by other state departments and shall provide	21152
this information upon request to the general assembly or the	21153
public.	21154

(b) Child care programs conducted by boards of education or	21155
by chartered nonpublic schools that are conducted in school	21156
buildings and that provide child care to school children only	21157
shall be exempt from meeting or exceeding rules promulgated	21158
pursuant to this chapter.	21159

(7) Any preschool program or school child program, except a	21160
head start program, that is subject to licensure by the department	21161
of education under sections 3301.52 to 3301.59 of the Revised	21162
Code.	21163

(8) Any program providing child care that meets all of the	21164
following requirements and, on October 20, 1987, was being	21165
operated by a nonpublic school that holds a charter issued by the	21166
state board of education for kindergarten only:	21167

(a) The nonpublic school has given the notice to the state	21168
board and the director of job and family services required by	21169
Section 4 of Substitute House Bill No. 253 of the 117th general	21170
assembly;	21171

(b) The nonpublic school continues to be chartered by the	21172
state board for kindergarten, or receives and continues to hold a	21173
charter from the state board for kindergarten through grade five;	21174

21175

(d) The program is operated in accordance with rules	21176
promulgated by the state board under sections 3301.52 to 3301.57	21177
of the Revised Code.	21178

(9) A youth development program operated outside of school	21179
hours by a community-based center to which all of the following	21180
apply:	21181

(a) The children enrolled in the program are under nineteen	21182
years of age and enrolled in or eligible to be enrolled in a grade	21183
of kindergarten or above.	21184

(b) The program provides informal child care and at least two	21185
of the following supervised activities: educational,	21186
recreational, culturally enriching, social, and personal	21187
development activities.	21188

(c) The ~~state board of education has approved the program's~~	21189
program is eligible for participation in the child and adult care	21190
food program as an outside-school-hours care center pursuant to	21191
standards established under section 3313.813 of the Revised Code.	21192

(d) The community-based center operating the program is	21193
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	21194
and (c)(3).	21195

Sec. 5104.041. (A) All type A and type B family day-care	21196
homes shall procure and maintain one of the following:	21197

(1) Liability insurance issued by an insurer authorized to do	21198
business in this state under Chapter 3905. of the Revised Code	21199
insuring the type A or type B family day-care home against	21200
liability arising out of, or in connection with, the operation of	21201
the family day-care home. Liability insurance procured under this	21202
division shall cover any cause for which the type A or type B	21203
family day-care home would be liable, in the amount of at least	21204
one hundred thousand dollars per occurrence and three hundred	21205
thousand dollars in the aggregate.	21206

(2) An affidavit signed by the parent, guardian, or custodian	21207
of each child receiving child care from the type A or type B	21208
family day-care home that states all of the following:	21209

(a) The family day-care home does not carry liability	21210
insurance described in division (A)(1) of this section;	21211

(b) If the licensee of a type A family day-care home or the	21212
provider of a type B family day-care home is not the owner of	21213
the real property where the family day-care home is located, the	21214
liability insurance, if any, of the owner of the real property	21215
may not provide for coverage of any liability arising out of, or	21216
in connection with, the operation of the family day-care home.	21217

(B) If the licensee of a type A family day-care home or the	21218
provider of a type B family day-care home is not the owner of	21219
the real property where the family day-care home is located and	21220
the family day-care home procures liability insurance described	21221
in division (A)(1) of this section, that licensee or provider	21222
shall name the owner of the real property as an additional	21223
insured party on the liability insurance policy if all of the	21224
following apply:	21225

(1) The owner of the real property requests the licensee or	21226
provider, in writing, to add the owner of the real property to	21227
the liability insurance policy as an additional insured party.	21228

(2) The addition of the owner of the real property does not	21229
result in cancellation or nonrenewal of the insurance policy	21230
procured by the type A or type B family day-care home.	21231

(3) The owner of the real property pays any additional	21232
premium assessed for coverage of the owner of the real property.	21233

(C) Proof of insurance or affidavit required under division	21234
(A) of this section shall be maintained at the type A or type B	21235
family day-care home and made available for review during	21236
inspection or investigation as required under this chapter.	21237

(D) The director of job and family services shall adopt rules	21238
for the enforcement of this section.	21239

Sec. 5111.0210. Until July 1, 2009, the director of job and	21240
family services shall not change the medicaid reimbursement rates	21241
that apply to providers of durable medical equipment from the	21242
rates that are in effect on the effective date of this section.	21243

On and after July 1, 2009, the director shall establish	21244
medicaid reimbursement rates that apply to providers of durable	21245
medical equipment by using a cost analysis methodology. The	21246
methodology shall include a statistically valid sample of all	21247
types of durable medical equipment providers in this state,	21248
including providers that have a large volume of sales, providers	21249
that have a small volume of sales, and providers that operate	21250
predominantly in rural, suburban, or metropolitan areas. The	21251
statistical mean that is derived by using the cost analysis	21252
methodology shall be used by the director to establish the	21253
medicaid rates that apply to providers of durable medical	21254
equipment.	21255

Sec. 5111.032. (A) As used in this section:

21256

(1) "Criminal records check" has the same meaning as in	21257
section 109.572 of the Revised Code.	21258

(2) "Department" includes a designee of the department of job	21259
and family services.	21260

(3) "Owner" means a person who has an ownership interest in a	21261
provider in an amount designated by the department of job and	21262
family services in rules adopted under this section.	21263

(4) "Provider" means a person, institution, or entity that	21264
has a provider agreement with the department of job and family	21265
services pursuant to Title XIX of the "Social Security Act," 49	21266
State. 620 (1965), 42 U.S.C. 1396, as amended.	21267

(B)(1) Except as provided in division (B)(2) of this section,	21268
the department of job and family services may require that any	21269
provider, applicant to be a provider, employee or prospective	21270
employee of a provider, owner or prospective owner of a provider,	21271
officer or prospective officer of a provider, or board member or	21272
prospective board member of a provider submit to a criminal	21273
records check as a condition of obtaining a provider agreement,	21274
continuing to hold a provider agreement, being employed by a	21275
provider, having an ownership interest in a provider, or being an	21276
officer or board member of a provider. The department may	21277
designate the categories of persons who are subject to the	21278
criminal records check requirement. The department shall designate	21279
the times at which the criminal records checks must be conducted.	21280

(2) The section does not apply to providers, applicants to be	21281
providers, employees of a provider, or prospective employees of a	21282
provider who are subject to criminal records checks under section	21283
5111.033 or 5111.034 of the Revised Code.	21284

(C)(1) The department shall inform each provider or applicant	21285
to be a provider whether the provider or applicant is subject to a	21286
criminal records check requirement under division (B) of this	21287
section. For providers, the information shall be given at times	21288
designated in rules adopted under this section. For applicants to	21289
be providers, the information shall be given at the time of	21290
initial application. When the information is given, the department	21291
shall specify which of the provider's or applicant's employees or	21292
prospective employees, owners or prospective owners, officers or	21293
prospective officers, or board members or prospective board	21294
members are subject to the criminal records check requirement.	21295

(2) At times designated in rules adopted under this section,	21296
a provider that is subject to the criminal records check	21297
requirement shall inform each person specified by the department	21298
under division (C)(1) of this section that the person is required,	21299
as applicable, to submit to a criminal records check for final	21300
consideration for employment in a full-time, part-time, or	21301
temporary position; as a condition of continued employment; or as	21302
a condition of becoming or continuing to be an officer, board	21303
member or owner of a provider.	21304

(D)(1) If a provider or applicant to be a provider is subject	21305
to a criminal records check under this section, the department	21306
shall require the conduct of a criminal records check by the	21307
superintendent of the bureau of criminal identification and	21308
investigation. If a provider or applicant to be a provider for	21309
whom a criminal records check is required does not present proof	21310
of having been a resident of this state for the five-year period	21311
immediately prior to the date the criminal records check is	21312
requested or provide evidence that within that five-year period	21313
the superintendent has requested information about the individual	21314
from the federal bureau of investigation in a criminal records	21315
check, the department shall require the provider or applicant to	21316
request that the superintendent obtain information from the	21317
federal bureau of investigation as part of the criminal records	21318
check of the provider or applicant. Even if a provider or	21319
applicant for whom a criminal records check request is required	21320
presents proof of having been a resident of this state for the	21321
five-year period, the department may require that the provider or	21322
applicant request that the superintendent obtain information from	21323
the federal bureau of investigation and include it in the criminal	21324
records check of the provider or applicant.	21325

(2) A provider shall require the conduct of a criminal	21326
records check by the superintendent with respect to each of the	21327
persons specified by the department under division (C)(1) of this	21328
section. If the person for whom a criminal records check is	21329
required does not present proof of having been a resident of this	21330
state for the five-year period immediately prior to the date the	21331
criminal records check is requested or provide evidence that	21332
within that five-year period the superintendent of the bureau of	21333
criminal identification and investigation has requested	21334
information about the individual from the federal bureau of	21335
investigation in a criminal records check, the individual shall	21336
request that the superintendent obtain information from the	21337
federal bureau of investigation as part of the criminal records	21338
check of the individual. Even if an individual for whom a criminal	21339
records check request is required presents proof of having been a	21340
resident of this state for the five-year period, the department	21341
may require the provider to request that the superintendent obtain	21342
information from the federal bureau of investigation and include	21343
it in the criminal records check of the person.	21344

(E)(1) Criminal records checks required under this section	21345
for providers or applicants to be providers shall be obtained as	21346
follows:	21347

(a) The department shall provide each provider or applicant	21348
information about accessing and completing the form prescribed	21349
pursuant to division (C)(1) of section 109.572 of the Revised Code	21350
and the standard fingerprint impression sheet prescribed pursuant	21351
to division (C)(2) of that section.	21352

(b) The provider or applicant shall submit the required form	21353
and one complete set of fingerprint impressions directly to the	21354
superintendent for purposes of conducting the criminal records	21355
check using the applicable methods prescribed by division (C) of	21356
section 109.572 of the Revised Code. The applicant or provider	21357
shall pay all fees associated with obtaining the criminal records	21358
check.	21359

(c) The superintendent shall conduct the criminal records	21360
check in accordance with section 109.572 of the Revised Code. The	21361
provider or applicant shall instruct the superintendent to submit	21362
the report of the criminal records check directly to the director	21363
of job and family services.	21364

(2) Criminal records checks required under this section for	21365
persons specified by the department under division (C)(1) of this	21366
section shall be obtained as follows:	21367

(a) The provider shall give to each person subject to	21368
criminal records check requirement information about accessing and	21369
completing the form prescribed pursuant to division (C)(1) of	21370
section 109.572 of the Revised Code and the standard fingerprint	21371
impression sheet prescribed pursuant to division (C)(2) of that	21372
section.	21373

(b) The person shall submit the required form and one	21374
complete set of fingerprint impressions directly to the	21375
superintendent for purposes of conducting the criminal records	21376
check using the applicable methods prescribed by division (C) of	21377
section 109.572 of the Revised Code. The person shall pay all fees	21378
associated with obtaining the criminal records check.	21379

(c) The superintendent shall conduct the criminal records	21380
check in accordance with section 109.572 of the Revised Code. The	21381
person subject to the criminal records check shall instruct the	21382
superintendent to submit the report of the criminal records check	21383
directly to the provider. The department may require the provider	21384
to submit the report to the department.	21385

(F) If a provider or applicant to be a provider is given the	21386
information specified in division (E)(1)(a) of this section but	21387
fails to obtain a criminal records check, the department shall, as	21388
applicable, terminate the provider agreement or deny the	21389
application to be a provider.	21390

If a person is given the information specified in division	21391
(E)(2)(a) of this section but fails to obtain a criminal records	21392
check, the provider shall not, as applicable, permit the person to	21393
be an employee, owner, officer, or board member of the provider.	21394

(G) Except as provided in rules adopted under division (J) of	21395
this section, the department shall terminate the provider	21396
agreement of a provider or the department shall not issue a	21397
provider agreement to an applicant if the provider or applicant is	21398
subject to a criminal records check under this section and the	21399
provider or applicant has been convicted of, has pleaded guilty	21400
to, or has been found eligible for intervention in lieu of	21401
conviction for any of the following:	21402

(1) A violation of section 2903.01, 2903.02, 2903.03,	21403
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	21404
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	21405
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	21406
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	21407
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	21408
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	21409
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	21410
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	21411
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	21412
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	21413
3716.11 of the Revised Code, felonious sexual penetration in	21414
violation of former section 2907.12 of the Revised Code, a	21415
violation of section 2905.04 of the Revised Code as it existed	21416
prior to July 1, 1996, a violation of section 2919.23 of the	21417
Revised Code that would have been a violation of section 2905.04	21418
of the Revised Code as it existed prior to July 1, 1996, had the	21419
violation been committed prior to that date;	21420

(2) An existing or former law of this state, any other state,	21421
or the United States that is substantially equivalent to any of	21422
the offenses listed in division ~~(D)~~(G)(1) of this section.	21423

(H)(1)(a) Except as provided in rules adopted under division	21424
(J) of this section and subject to division (H)(2) of this	21425
section, no provider shall permit a person to be an employee,	21426
owner, officer, or board member of the provider if the person is	21427
subject to a criminal records check under this section and the	21428
person has been convicted of, has pleaded guilty to, or has been	21429
found eligible for intervention in lieu of conviction for any of	21430
the offenses specified in division (G)(1) or (2) of this section.	21431

(b) No provider shall employ a person who has been excluded	21432
from participating in the medicaid program, the medicare program	21433
operated pursuant to Title XVIII of the "Social Security Act," or	21434
any other federal health care program.	21435

(2)(a) A provider may employ conditionally a person for whom	21436
a criminal records check is required under this section prior to	21437
obtaining the results of a criminal records check regarding the	21438
person, but only if the person submits a request for a criminal	21439
records check not later than five business days after the	21440
individual begins conditional employment.	21441

(b) A provider that employs a person conditionally under	21442
authority of division (H)(2)(a) of this section shall terminate	21443
the person's employment if the results of the criminal records	21444
check request are not obtained within the period ending sixty days	21445
after the date the request is made. Regardless of when the results	21446
of the criminal records check are obtained, if the results	21447
indicate that the individual has been convicted of, has pleaded	21448
guilty to, or has been found eligible for intervention in lieu of	21449
conviction for any of the offenses specified in division (G)(1) or	21450
(2) of this section, the provider shall terminate the person's	21451
employment unless the provider chooses to employ the individual	21452
pursuant to division (J) of this section.	21453

(I) The report of a criminal records check conducted pursuant	21454
to this section is not a public record for the purposes of section	21455
149.43 of the Revised Code and shall not be made available to any	21456
person other than the following:	21457

(1) The person who is the subject of the criminal records	21458
check or the person's representative;	21459

(2) The director of job and family services and the staff of	21460
the department in the administration of the medicaid program;	21461

(3) A court, hearing officer, or other necessary individual	21462
involved in a case dealing with the denial or termination of a	21463
provider agreement;	21464

(4) A court, hearing officer, or other necessary individual	21465
involved in a case dealing with a person's denial of employment,	21466
termination of employment, or employment or unemployment benefits.	21467

(J) The department may adopt rules in accordance with Chapter	21468
119. of the Revised Code to implement this section. The rules may	21469
specify circumstances under which the department may continue a	21470
provider agreement or issue a provider agreement to an applicant	21471
when the provider or applicant has been convicted of, has pleaded	21472
guilty to, or has been found eligible for intervention in lieu of	21473
conviction for any of the offenses specified in division (G)(1) or	21474
(2) of this section. The rules may also specify circumstances	21475
under which a provider may permit a person to be an employee,	21476
owner, officer, or board member of the provider, when the person	21477
has been convicted of, has pleaded guilty to, or has been found	21478
eligible for intervention in lieu of conviction for any of the	21479
offenses specified in division (G)(1) or (2) of this section.	21480

Sec. 5111.084. There is hereby established the pharmacy and	21481
therapeutics committee of the department of job and family	21482
services. The committee shall consist of ~~nine~~ten members and	21483
shall be appointed by the director of job and family services.	21484
The membership of the committee shall include: ~~three~~	21485

(A) Three pharmacists licensed under Chapter 4729. of the	21486
Revised Code; ~~two~~	21487

(B) Two doctors of medicine and two doctors of osteopathy	21488
~~licensed~~who hold certificates issued under Chapter 4731. of the	21489
Revised Code; a	21490

(C) A registered nurse licensed under Chapter 4723. of the	21491
Revised Code; ~~and a~~	21492

(D) A pharmacologist who has a doctoral degree;

21493

(E) A psychiatrist who holds a certificate issued under	21494
Chapter 4731. of the Revised Code and specializes in psychiatry.	21495
~~At least one of the members who is a doctor of medicine or doctor~~	21496
~~of osteopathy shall be a psychiatrist. The~~	21497

The committee shall elect one of its members as chairperson.

21498

Sec. 5111.091. ~~Every three months~~Not later than the first	21499
day of each calendar quarter, the director of job and family	21500
services shall submit a report to the president and minority	21501
leader of the senate ~~and~~, speaker and minority leader of the house	21502
of representatives, and the chairpersons of the committees of the	21503
senate and house of representatives that hear bills making	21504
biennial appropriations on the establishment and implementation of	21505
programs designed to control the increase of the cost of the	21506
medicaid program, increase the efficiency of the medicaid program,	21507
and promote better health outcomes.	21508

The report shall include information regarding all of the	21509
following:	21510

(A) Provider network management;

21511

(B) Electronic claims submission and payment systems;

21512

(C) Limited provider contracts and payments based on	21513
performance;	21514

(D) Efforts to enforce third party liability;

21515

(E) Implementation of the medicaid information technology	21516
system;	21517

(F) Expansion of the medicaid data warehouse and decision	21518
support system;	21519

(G) Development of infrastructure policies for electronic	21520
health records and e-prescribing.	21521

Sec. 5111.31. (A) Every provider agreement with the provider	21522
of a nursing facility or intermediate care facility for the	21523
mentally retarded shall:	21524

(1) Prohibit the provider from failing or refusing to retain	21525
as a patient any person because the person is, becomes, or may, as	21526
a patient in the facility, become a medicaid recipient. For the	21527
purposes of this division, a medicaid recipient who is a patient	21528
in a facility shall be considered a patient in the facility during	21529
any hospital stays totaling less than twenty-five days during any	21530
twelve-month period. Recipients who have been identified by the	21531
department of job and family services or its designee as requiring	21532
the level of care of an intermediate care facility for the	21533
mentally retarded shall not be subject to a maximum period of	21534
absences during which they are considered patients if prior	21535
authorization of the department for visits with relatives and	21536
friends and participation in therapeutic programs is obtained	21537
under rules adopted under section 5111.02 of the Revised Code.	21538

(2) Except as provided by division (B)(1) of this section,	21539
include any part of the facility that meets standards for	21540
certification of compliance with federal and state laws and rules	21541
for participation in the medicaid program.	21542

(3) Prohibit the provider from discriminating against any	21543
patient on the basis of race, color, sex, creed, or national	21544
origin.	21545

(4) Except as otherwise prohibited under section 5111.55 of	21546
the Revised Code, prohibit the provider from failing or refusing	21547
to accept a patient because the patient is, becomes, or may, as a	21548
patient in the facility, become a medicaid recipient if less than	21549
eighty per cent of the patients in the facility are medicaid	21550
recipients.	21551

(B)(1) Except as provided by division (B)(2) of this section,	21552
the following are not required to be included in a provider	21553
agreement unless otherwise required by federal law:	21554

(a) Beds added during the period beginning July 1, 1987, and	21555
ending July 1, 1993, to a nursing home licensed under Chapter	21556
3721. of the Revised Code;	21557

(b) Beds in an intermediate care facility for the mentally	21558
retarded that are designated for respite care under a medicaid	21559
waiver component operated pursuant to a waiver sought under	21560
section 5111.87 of the Revised Code;	21561

~~(c) Beds that are converted to providing home and~~	21562
~~community-based services under the ICF/MR conversion pilot program~~	21563
~~authorized by a waiver sought under division (B)(1) of section~~	21564
~~5111.88 of the Revised Code~~.	21565

(2) If a provider chooses to include a bed specified in	21566
division (B)(1)(a) of this section in a provider agreement, the	21567
bed may not be removed from the provider agreement unless the	21568
provider withdraws the facility in which the bed is located from	21569
the medicaid program.	21570

(C) Nothing in this section shall bar a provider that is a	21571
religious organization operating a religious or denominational	21572
nursing facility or intermediate care facility for the mentally	21573
retarded from giving preference to persons of the same religion or	21574
denomination. Nothing in this section shall bar any provider from	21575
giving preference to persons with whom the provider has	21576
contracted to provide continuing care.	21577

(D) Nothing in this section shall bar the provider of a	21578
county home organized under Chapter 5155. of the Revised Code from	21579
admitting residents exclusively from the county in which the	21580
county home is located.	21581

(E) No provider of a nursing facility or intermediate care	21582
facility for the mentally retarded for which a provider agreement	21583
is in effect shall violate the provider contract obligations	21584
imposed under this section.	21585

(F) Nothing in divisions (A) and (C) of this section shall	21586
bar a provider from retaining patients who have resided in the	21587
provider's facility for not less than one year as private pay	21588
patients and who subsequently become medicaid recipients, but	21589
refusing to accept as a patient any person who is or may, as a	21590
patient in the facility, become a medicaid recipient, if all of	21591
the following apply:	21592

(1) The provider does not refuse to retain any patient who	21593
has resided in the provider's facility for not less than one year	21594
as a private pay patient because the patient becomes a medicaid	21595
recipient, except as necessary to comply with division (F)(2) of	21596
this section;	21597

(2) The number of medicaid recipients retained under this	21598
division does not at any time exceed ten per cent of all the	21599
patients in the facility;	21600

(3) On July 1, 1980, all the patients in the facility were	21601
private pay patients.	21602

Sec. 5111.71. (A) As used in sections 5111.71 to 5111.715 of	21603
the Revised Code, "qualified medicaid school provider" means the	21604
board of education of a city, local, or exempted village school	21605
district, the governing authority of a community school	21606
established under Chapter 3314. of the Revised Code, the state	21607
school for the deaf, and the state school for the blind to which	21608
both of the following apply:	21609

(1) It holds a valid medicaid provider agreement.

21610

(2) It meets all other conditions for participation in the	21611
medicaid school component of the medicaid program established in	21612
rules adopted under section 5111.715 of the Revised Code.	21613

(B) The director of job and family services shall submit a	21614
state medicaid plan amendment to the United States secretary of	21615
health and human services for the purpose of creating, in	21616
accordance with sections 5111.71 to 5111.715 of the Revised Code,	21617
the medicaid school component of the medicaid program. The	21618
director shall create the medicaid school component on receipt of	21619
the United States secretary's approval of the amendment.	21620

Sec. 5111.711. A qualified medicaid school provider	21621
participating in the medicaid school component of the medicaid	21622
program may submit a claim to the department of job and family	21623
services for federal financial participation for providing, in	21624
schools, services covered by the medicaid school component to	21625
medicaid recipients who are eligible for the services. No	21626
qualified medicaid school provider may submit such a claim before	21627
the provider incurs the cost of providing the service.	21628

The claim shall include certification of the qualified	21629
medicaid school provider's expenditures for the service. The	21630
certification shall show that the money the qualified medicaid	21631
school provider used for the expenditures was nonfederal money the	21632
provider may legally use for providing the service and that the	21633
amount of the expenditures was sufficient to pay the full cost of	21634
the service.	21635

Except as otherwise provided in sections 5111.71 to 5111.715	21636
of the Revised Code and rules adopted under sections 5111.713 and	21637
5111.715 of the Revised Code, a qualified medicaid school provider	21638
is subject to all conditions of participation in the medicaid	21639
program that generally apply to providers of goods and services	21640
under the medicaid program, including conditions regarding audits	21641
and recovery of overpayments.	21642

Sec. 5111.712. The department of job and family services	21643
shall seek federal financial participation for each claim a	21644
qualified medicaid school provider properly submits to the	21645
department under section 5111.711 of the Revised Code. The	21646
department shall disburse the federal financial participation the	21647
department receives from the federal government for such a claim	21648
to the qualified medicaid school provider that submitted the	21649
claim. The department may not pay the qualified medicaid school	21650
provider the nonfederal share of the cost of the services for	21651
which the claim was submitted.	21652

Sec. 5111.713. The department of job and family services	21653
shall enter into an interagency agreement with the department of	21654
education under section 5111.91 of the Revised Code that provides	21655
for the department of education to administer the medicaid school	21656
component of the medicaid program other than the aspects of the	21657
component that sections 5111.71 to 5111.715 of the Revised Code	21658
require the department of job and family services to administer.	21659
The interagency agreement may include a provision that provides	21660
for the department of education to pay to the department of job	21661
and family services the nonfederal share of a portion of the	21662
administrative expenses the department of job and family services	21663
incurs in administering the aspects of the component that the	21664
department of job and family services administers.	21665

The department of education shall establish, in rules adopted	21666
under Chapter 119. of the Revised Code, a process by which	21667
qualified medicaid school providers participating in the medicaid	21668
school component pay to the department of education the nonfederal	21669
share of the department's expenses incurred in administering the	21670
component.	21671

Sec. 5111.714. (A) There is hereby created in the state	21672
treasury the medicaid school program administrative fund.	21673

(B) Both of the following shall be deposited into the	21674
medicaid school program administrative fund:	21675

(1) The federal funds the department of education receives	21676
for the expenses the department incurs in administering the	21677
medicaid school component of the medicaid program;	21678

(2) The money the department collects from qualified medicaid	21679
school providers in the process established in rules adopted	21680
under section 5111.713 of the Revised Code.	21681

(C) No funds shall be deposited into the medicaid school	21682
program administrative fund in violation of federal statutes or	21683
regulations.	21684

(D) The department of education shall use money in the	21685
medicaid school program administrative fund for both of the	21686
following purposes:	21687

(1) Paying for the expenses the department incurs in	21688
administering the medicaid school component of the medicaid	21689
program;	21690

(2) Paying a qualified medicaid school provider a refund for	21691
any overpayment the provider makes to the department under the	21692
process established in rules adopted under section 5111.713 of the	21693
Revised Code if the process results in an overpayment.	21694

Sec. 5111.715. The director of job and family services shall	21695
adopt rules under Chapter 119. of the Revised Code as necessary to	21696
implement the medicaid school component of the medicaid program,	21697
including rules that establish or specify all of the following:	21698

(A) Conditions a board of education of a city, local, or	21699
exempted school district, governing authority of a community	21700
school established under Chapter 3314. of the Revised Code, the	21701
state school for the deaf, and the state school for the blind must	21702
meet to participate in the component;	21703

(B) Services the component covers;

21704

(C) Reimbursement rates for the services the component	21705
covers.	21706

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.8710	21707
of the Revised Code:	21708

"Home and community-based services" has the same meaning as	21709
in section 5123.01 of the Revised Code.	21710

"ICF/MR services" means intermediate care facility for the	21711
mentally retarded services covered by the medicaid program that an	21712
intermediate care facility for the mentally retarded provides to a	21713
resident of the facility who is a medicaid recipient eligible for	21714
medicaid-covered intermediate care facility for the mentally	21715
retarded services.	21716

"Intermediate care facility for the mentally retarded" means	21717
an intermediate care facility for the mentally retarded that is	21718
certified as in compliance with applicable standards for the	21719
medicaid program by the director of health in accordance with	21720
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	21721
U.S.C. 1396, as amended, and licensed as a residential facility	21722
under section 5123.19 of the Revised Code.	21723

"Residential facility" has the same meaning as in section	21724
5123.19 of the Revised Code.	21725

(B) For the purpose of increasing the number of slots	21726
available for home and community-based services and subject to	21727
sections 5111.877 and 5111.878 of the Revised Code, the operator	21728
of an intermediate care facility for the mentally retarded may	21729
convert all of the beds in the facility from providing ICF/MR	21730
services to providing home and community-based services if all	21731
of the following requirements are met:	21732

(1) The operator provides the directors of health, job and	21733
family services, and mental retardation and developmental	21734
disabilities at least ninety days' notice of the operator's intent	21735
to relinquish the facility's certification as an intermediate care	21736
facility for the mentally retarded and to begin providing home and	21737
community-based services.	21738

(2) The operator complies with the requirements of sections	21739
5111.65 to 5111.688 of the Revised Code regarding a voluntary	21740
termination as defined in section 5111.65 of the Revised Code if	21741
those requirements are applicable.	21742

(3) The operator notifies each of the facility's residents	21743
that the facility is to cease providing ICF/MR services and inform	21744
each resident that the resident may do either of the following:	21745

(a) Continue to receive ICF/MR services by transferring to	21746
another facility that is an intermediate care facility for the	21747
mentally retarded willing and able to accept the resident if the	21748
resident continues to qualify for ICF/MR services;	21749

(b) Begin to receive home and community-based services	21750
instead of ICF/MR services from any provider of home and	21751
community-based services that is willing and able to provide the	21752
services to the resident if the resident is eligible for the	21753
services and a slot for the services is available to the resident.	21754

(4) The operator meets the requirements for providing home	21755
and community-based services, including the following:	21756

(a) Such requirements applicable to a residential facility if	21757
the operator maintains the facility's license as a residential	21758
facility;	21759

(b) Such requirements applicable to a facility that is not	21760
licensed as a residential facility if the operator surrenders the	21761
facility's residential facility license under section 5123.19 of	21762
the Revised Code.	21763

(5) The director of mental retardation and developmental	21764
disabilities approves the conversion.	21765

(C) The notice to the director of mental retardation and	21766
developmental disabilities under division (B)(1) of this section	21767
shall specify whether the operator wishes to surrender the	21768
facility's license as a residential facility under section 5123.19	21769
of the Revised Code.	21770

(D) If the director of mental retardation and developmental	21771
disabilities approves a conversion under division (B) of this	21772
section, the director of health shall terminate the certification	21773
of the intermediate care facility for the mentally retarded to be	21774
converted. The director of health shall notify the director of	21775
job and family services of the termination. On receipt of the	21776
director of health's notice, the director of job and family	21777
services shall terminate the operator's medicaid provider	21778
agreement that authorizes the operator to provide ICF/MR services	21779
at the facility. The operator is not entitled to notice or a	21780
hearing under Chapter 119. of the Revised Code before the	21781
director of job and family services terminates the medicaid	21782
provider agreement.	21783

Sec. 5111.875. (A) For the purpose of increasing the number	21784
of slots available for home and community-based services and	21785
subject to sections 5111.877 and 5111.878 of the Revised Code, a	21786
person who acquires, through a request for proposals issued by	21787
the director of mental retardation and developmental	21788
disabilities, a residential facility that is an intermediate care	21789
facility for the mentally retarded and for which the license as a	21790
residential facility was previously surrendered or revoked may	21791
convert some or all of the facility's beds from providing ICF/MR	21792
services to providing home and community-based services if all	21793
of the following requirements are met:	21794

(1) The person provides the directors of health, job and	21795
family services, and mental retardation and developmental	21796
disabilities at least ninety days' notice of the person's intent	21797
to make the conversion.	21798

(2) The person complies with the requirements of sections	21799
5111.65 to 5111.688 of the Revised Code regarding a voluntary	21800
termination as defined in section 5111.65 of the Revised Code if	21801
those requirements are applicable.	21802

(3) If the person intends to convert all of the facility's	21803
beds, the person notifies each of the facility's residents that	21804
the facility is to cease providing ICF/MR services and informs	21805
each resident that the resident may do either of the following:	21806

(a) Continue to receive ICF/MR services by transferring to	21807
another facility that is an intermediate care facility for the	21808
mentally retarded willing and able to accept the resident if the	21809
resident continues to qualify for ICF/MR services;	21810

(b) Begin to receive home and community-based services	21811
instead of ICF/MR services from any provider of home and	21812
community-based services that is willing and able to provide the	21813
services to the resident if the resident is eligible for the	21814
services and a slot for the services is available to the resident.	21815

(4) If the person intends to convert some but not all of the	21816
facility's beds, the person notifies each of the facility's	21817
residents that the facility is to convert some of its beds from	21818
providing ICF/MR services to providing home and community-based	21819
services and inform each resident that the resident may do either	21820
of the following:	21821

(a) Continue to receive ICF/MR services from any provider of	21822
ICF/MR services that is willing and able to provide the services	21823
to the resident if the resident continues to qualify for ICF/MR	21824
services;	21825

(b) Begin to receive home and community-based services	21826
instead of ICF/MR services from any provider of home and	21827
community-based services that is willing and able to provide the	21828
services to the resident if the resident is eligible for the	21829
services and a slot for the services is available to the resident.	21830

(5) The person meets the requirements for providing home and	21831
community-based services at a residential facility.	21832

(B) The notice provided to the directors under division	21833
(A)(1) of this section shall specify whether some or all of the	21834
facility's beds are to be converted. If some but not all of the	21835
beds are to be converted, the notice shall specify how many of	21836
the facility's beds are to be converted and how many of the beds	21837
are to continue to provide ICF/MR services.	21838

(C) On receipt of a notice under division (A)(1) of this	21839
section, the director of health shall do the following:	21840

(1) Terminate the certification of the intermediate care	21841
facility for the mentally retarded if the notice specifies that	21842
all of the facility's beds are to be converted;	21843

(2) Reduce the facility's certified capacity by the number of	21844
beds being converted if the notice specifies that some but not all	21845
of the beds are to be converted.	21846

(D) The director of health shall notify the director of job	21847
and family services of the termination or reduction under division	21848
(C) of this section. On receipt of the director of health's	21849
notice, the director of job and family services shall do the	21850
following:	21851

(1) Terminate the person's medicaid provider agreement that	21852
authorizes the person to provide ICF/MR services at the facility	21853
if the facility's certification was terminated;	21854

(2) Amend the person's medicaid provider agreement to reflect	21855
the facility's reduced certified capacity if the facility's	21856
certified capacity is reduced.	21857

The person is not entitled to notice or a hearing under	21858
Chapter 119. of the Revised Code before the director of job and	21859
family services terminates or amends the medicaid provider	21860
agreement.	21861

Sec. 5111.876. Subject to section 5111.877 of the Revised	21862
Code, the director of mental retardation and developmental	21863
disabilities may request that the director of job and family	21864
services seek the approval of the United States secretary of	21865
health and human services to increase the number of slots	21866
available for home and community-based services by a number not	21867
exceeding the number of beds that were part of the licensed	21868
capacity of a residential facility that had its license revoked or	21869
surrendered under section 5123.19 of the Revised Code if the	21870
residential facility was an intermediate care facility for the	21871
mentally retarded at the time of the license revocation or	21872
surrender. The revocation or surrender may have occurred before,	21873
or may occur on or after, the effective date of this section. The	21874
request may include beds the director removed from such a	21875
residential facility's licensed capacity before transferring	21876
ownership or operation of the residential facility pursuant to a	21877
request for proposals.	21878

Sec. 5111.877. The director of job and family services may	21879
seek approval from the United States secretary of health and human	21880
services for not more than a total of one hundred slots for home	21881
and community-based services for the purposes of sections	21882
5111.874, 5111.875, and 5111.876 of the Revised Code.	21883

Sec. 5111.878. Not more than a total of one hundred beds may	21884
be converted from providing ICF/MR services to providing home and	21885
community-based services under sections 5111.874 and 5111.875 of	21886
the Revised Code.	21887

Sec. 5111.879. No person or government entity may reconvert	21888
a bed to be used for ICF/MR services if the bed was converted to	21889
use for home and community-based services under section 5111.874	21890
or 5111.875 of the Revised Code. This prohibition applies	21891
regardless of either of the following:	21892

(A) The bed is part of the licensed capacity of a residential	21893
facility.	21894

(B) The bed has been sold, leased, or otherwise transferred	21895
to another person or government entity.	21896

Sec. 5111.8710. The directors of job and family services and	21897
mental retardation and developmental disabilities may adopt rules	21898
in accordance with Chapter 119. of the Revised Code as necessary	21899
to implement sections 5111.874 to 5111.8710 of the Revised Code.	21900

Sec. 5111.94. (A) As used in this section, "vendor offset"	21901
means a reduction of a medicaid payment to a medicaid provider to	21902
correct a previous, incorrect medicaid payment to that provider.	21903

(B) There is hereby created in the state treasury the health	21904
care services administration fund. Except as provided in division	21905
(C) of this section, all the following shall be deposited into the	21906
fund:	21907

(1) Amounts deposited into the fund pursuant to sections	21908
5111.92 and 5111.93 of the Revised Code;	21909

(2) The amount of the state share of all money the department	21910
of job and family services, in fiscal year 2003 and each fiscal	21911
year thereafter, recovers pursuant to a tort action under the	21912
department's right of recovery under section 5101.58 of the	21913
Revised Code that exceeds the state share of all money the	21914
department, in fiscal year 2002, recovers pursuant to a tort	21915
action under that right of recovery;	21916

(3) Subject to division (D) of this section, the amount of	21917
the state share of all money the department of job and family	21918
services, in fiscal year 2003 and each fiscal year thereafter,	21919
recovers through audits of medicaid providers that exceeds the	21920
state share of all money the department, in fiscal year 2002,	21921
recovers through such audits;	21922

(4) Amounts from assessments on hospitals under section	21923
5112.06 of the Revised Code and intergovernmental transfers by	21924
governmental hospitals under section 5112.07 of the Revised Code	21925
that are deposited into the fund in accordance with the law;	21926

(5) Amounts that the department of education pays to the	21927
department of job and family services, if any, pursuant to an	21928
interagency agreement entered into under section 5111.713 of the	21929
Revised Code.	21930

(C) No funds shall be deposited into the health care services	21931
administration fund in violation of federal statutes or	21932
regulations.	21933

(D) In determining under division (B)(3) of this section the	21934
amount of money the department, in a fiscal year, recovers through	21935
audits of medicaid providers, the amount recovered in the form of	21936
vendor offset shall be excluded.	21937

(E) The director of job and family services shall use funds	21938
available in the health care services administration fund to pay	21939
for costs associated with the administration of the medicaid	21940
program.	21941

Sec. 5111.941. (A) The medicaid revenue and collections fund	21942
is hereby created in the state treasury. Except as otherwise	21943
provided by statute or as authorized by the controlling board, ~~the~~	21944
~~non-federal~~both of the following shall be credited to the fund:	21945

(1) The nonfederal share of all medicaid-related revenues,	21946
collections, and recoveries ~~shall be credited to the fund~~;	21947

(2) The monthly premiums charged under the children's buy-in	21948
program pursuant to section 5101.5213 of the Revised Code. ~~The~~	21949

(B) The department of job and family services shall use money	21950
credited to the medicaid revenue and collections fund to pay for	21951
medicaid services and contracts and the children's buy-in program	21952
established under sections 5101.5211 to 5101.5216 of the Revised	21953
Code.	21954

Sec. 5112.31. The department of job and family services	21955
shall do all of the following:	21956

(A) For the ~~purpose of providing home and community-based~~	21957
~~services for mentally retarded and developmentally disabled~~	21958
~~persons~~purposes specified in sections 5112.37 and 5112.371 of the	21959
Revised Code, annually assess each intermediate care facility for	21960
the mentally retarded a franchise permit fee equal to ~~nine~~eleven	21961
dollars and ~~sixty-three~~ninety-eight cents multiplied~~, except as~~	21962
~~adjusted under section 5112.311 of the Revised Code,~~ by the	21963
product of the following:	21964

(1) The number of beds certified under Title XIX of the	21965
"Social Security Act" on the first day of May of the calendar year	21966
in which the assessment is determined pursuant to division (A) of	21967
section 5112.33 of the Revised Code;	21968

(2) The number of days in the fiscal year beginning on the	21969
first day of July of the same calendar year.	21970

(B) Beginning July 1, ~~2007~~2009, and the first day of each	21971
July thereafter, adjust fees determined under division (A) of	21972
this section in accordance with the composite inflation factor	21973
established in rules adopted under section 5112.39 of the Revised	21974
Code.	21975

(C) If the United States secretary of health and human	21976
services determines that the franchise permit fee established by	21977
sections 5112.30 to 5112.39 of the Revised Code would be an	21978
impermissible health care-related tax under section 1903(w) of the	21979
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all	21980
necessary actions to cease implementation of those sections in	21981
accordance with rules adopted under section 5112.39 of the Revised	21982
Code.	21983

Sec. 5112.37. ~~All~~There is hereby created in the state	21984
treasury the home and community-based services for the mentally	21985
retarded and developmentally disabled fund. Ninety and sixty-one	21986
hundredths per cent of all installment payments and penalties	21987
paid by an intermediate care facility for the mentally retarded	21988
under sections 5112.33 and 5112.34 of the Revised Code shall be	21989
deposited into the ~~"home and community-based services for the~~	21990
~~mentally retarded and developmentally disabled~~ fund~~," which is~~	21991
~~hereby created in the state treasury~~. The department of job and	21992
family services shall distribute the money in the fund in	21993
accordance with rules adopted under section 5112.39 of the Revised	21994
Code. The departments of job and family services and mental	21995
retardation and developmental disabilities shall use the money for	21996
the ~~medical assistance~~medicaid program established under Chapter	21997
5111. of the Revised Code and home and community-based services to	21998
mentally retarded and developmentally disabled persons.	21999

Sec. 5112.371. There is hereby created in the state treasury	22000
the children with intensive behavioral needs programs fund. Nine	22001
and thirty-nine hundredths per cent of all installment payments	22002
and penalties paid by an intermediate care facility for the	22003
mentally retarded under sections 5112.33 and 5112.34 of the	22004
Revised Code shall be deposited in the fund. The money in the fund	22005
shall be used for the programs the director of mental retardation	22006
and developmental disabilities establishes under section 5123.0417	22007
of the Revised Code.	22008

Sec. 5123.0412. (A) The department of mental retardation and	22009
developmental disabilities shall charge each county board of	22010
mental retardation and developmental disabilities an annual fee	22011
equal to one and one-half per cent of the total value of all	22012
medicaid paid claims for ~~medicaid case management services and~~	22013
home and community-based services provided during the year to an	22014
individual eligible for services from the county board. No county	22015
board shall pass the cost of a fee charged to the county board	22016
under this section on to another provider of these services.	22017

(B) The fees collected under this section shall be deposited	22018
into the ODMR/DD administration and oversight fund and the ODJFS	22019
administration and oversight fund, both of which are hereby	22020
created in the state treasury. The portion of the fees to be	22021
deposited into the ODMR/DD administration and oversight fund and	22022
the portion of the fees to be deposited into the ODJFS	22023
administration and oversight fund shall be the portion specified	22024
in an interagency agreement entered into under division (C) of	22025
this section. The department of mental retardation and	22026
developmental disabilities shall use the money in the ODMR/DD	22027
administration and oversight fund and the department of job and	22028
family services shall use the money in the ODJFS administration	22029
and oversight fund for both of the following purposes:	22030

(1) The administrative and oversight costs of medicaid case	22031
management services and home and community-based services. The	22032
administrative and oversight costs shall include costs for staff,	22033
systems, and other resources the departments need and dedicate	22034
solely to the following duties associated with the services:	22035

(a) Eligibility determinations;

22036

(b) Training;

22037

22038

(d) Claims processing;

22039

(e) Quality assurance oversight;

22040

(f) Other duties the departments identify.

22041

(2) Providing technical support to county boards' local	22042
administrative authority under section 5126.055 of the Revised	22043
Code for the services.	22044

(C) The departments of mental retardation and developmental	22045
disabilities and job and family services shall enter into an	22046
interagency agreement to do both of the following:	22047

(1) Specify which portion of the fees collected under this	22048
section is to be deposited into the ODMR/DD administration and	22049
oversight fund and which portion is to be deposited into the ODJFS	22050
administration and oversight fund;	22051

(2) Provide for the departments to coordinate the staff whose	22052
costs are paid for with money in the ODMR/DD administration and	22053
oversight fund and the ODJFS administration and oversight fund.	22054

(D) The departments shall submit an annual report to the	22055
director of budget and management certifying how the departments	22056
spent the money in the ODMR/DD administration and oversight fund	22057
and the ODJFS administration and oversight fund for the purposes	22058
specified in division (B) of this section.	22059

Sec. 5123.0417. (A) Using funds available under section	22060
5112.371 of the Revised Code, the director of mental retardation	22061
and developmental disabilities shall establish one or more	22062
programs for individuals under twenty-one years of age who have	22063
intensive behavioral needs, including such individuals with a	22064
primary diagnosis of autism spectrum disorder. The programs may	22065
include one or more medicaid waiver components that the director	22066
administers pursuant to section 5111.871 of the Revised Code. The	22067
programs may do one or more of the following:	22068

(1) Establish models that incorporate elements common to	22069
effective intervention programs and evidence-based practices in	22070
services for children with intensive behavioral needs;	22071

(2) Design a template for individualized education plans and	22072
individual service plans that provide consistent intervention	22073
programs and evidence-based practices for the care and treatment	22074
of children with intensive behavioral needs;	22075

(3) Disseminate best practice guidelines for use by families	22076
of children with intensive behavioral needs and professionals	22077
working with such families;	22078

(4) Develop a transition planning model for effectively	22079
mainstreaming school-age children with intensive behavioral needs	22080
to their public school district;	22081

(5) Contribute to the field of early and effective	22082
identification and intervention programs for children with	22083
intensive behavioral needs by providing financial support for	22084
scholarly research and publication of clinical findings.	22085

(B) The director of mental retardation and developmental	22086
disabilities shall collaborate with the director of job and family	22087
services and consult with the executive director of the Ohio	22088
center for autism and low incidence and university-based programs	22089
that specialize in services for individuals with developmental	22090
disabilities when establishing programs under this section.	22091

Sec. 5123.196. (A) Except as provided in division ~~(F)~~(E) of	22092
this section, the director of mental retardation and	22093
developmental disabilities shall not issue a license under	22094
section 5123.19 of the Revised Code on or after July 1, 2003, if	22095
issuance will result in there being more beds in all residential	22096
facilities licensed under that section than is permitted under	22097
division (B) of this section.	22098

(B) ~~Except as provided in division (D) of this section, the~~	22099
The maximum number of beds for the purpose of division (A) of	22100
this section shall not exceed ten thousand eight hundred	22101
thirty-eight minus, except as provided in division (C) of this	22102
section, both of the following:	22103

(1) The number of such beds that cease to be residential	22104
facility beds on or after July 1, 2003, because a residential	22105
facility license is revoked, terminated, or not renewed for any	22106
reason or is surrendered in accordance with section 5123.19 of the	22107
Revised Code ~~and after the issuance of an adjudication order~~	22108
~~pursuant to Chapter 119. of the Revised Code~~;	22109

(2) The number of such beds for which a licensee voluntarily	22110
converts to use for supported living on or after July 1, 2003.	22111

(C) The director is not required to reduce the maximum number	22112
of beds pursuant to division (B) of this section by a bed that	22113
ceases to be a residential facility bed if the director determines	22114
that the bed is needed to provide services to an individual with	22115
mental retardation or a developmental disability who resided in	22116
the residential facility in which the bed was located ~~unless the~~	22117
~~reason the bed ceases to be a residential facility bed is because~~	22118
~~it is converted to providing home and community-based services~~	22119
~~under the ICF/MR conversion pilot program that is authorized by a~~	22120
~~waiver sought under division (B)(1) of section 5111.88 of the~~	22121
~~Revised Code~~.	22122

(D) ~~The director shall increase the number of beds determined~~	22123
~~under division (B) of this section if necessary to enable the~~	22124
~~operator of a residential facility to do either of the following:~~	22125

~~(1) Obtain a residential facility license as required by~~	22126
~~section 5111.8814 of the Revised Code;~~	22127

~~(2) Reconvert beds to providing ICF/MR services under section~~	22128
~~5111.8811 of the Revised Code.~~	22129

~~(E)~~ The director shall maintain an up-to-date written record	22130
of the maximum number of residential facility beds provided for by	22131
division (B) of this section.	22132

~~(F)~~(E) The director may issue an interim license under	22133
division (S) of section 5123.19 of the Revised Code and issue,	22134
pursuant to rules adopted under division (H)(11) of that	22135
section, a waiver allowing a residential facility to admit more	22136
residents than the facility is licensed to admit regardless of	22137
whether the interim license or waiver will result in there being	22138
more beds in all residential facilities licensed under that	22139
section than is permitted under division (B) of this section.	22140

Sec. 5123.36. (A) To the extent funds are available and on	22141
application by a county board of mental retardation and	22142
developmental disabilities or private nonprofit agency	22143
incorporated to provide mental retardation or developmental	22144
disability services, the director of mental retardation and	22145
developmental disabilities may enter into an agreement with the	22146
county board or agency to assist the county board or agency with a	22147
mental retardation or developmental disability construction	22148
project. Except as provided by division (B) of this section, the	22149
director may provide up to ninety per cent of the total project	22150
cost where circumstances warrant. The director may, where	22151
circumstances warrant, use existing facilities or other in-kind	22152
match for the local share of the communities' share of the cost.	22153

(B) Upon the recommendation of the director, for projects of	22154
the highest priority of the department of mental retardation and	22155
developmental disabilities, the controlling board may authorize	22156
the director to provide more than ninety per cent of the total	22157
cost of a project under this section.	22158

(C) A county board is eligible for funds under this section	22159
for a project bid on or after January 1, 1992, under either	22160
section 153.07 or 307.86 of the Revised Code, as long as all other	22161
applicable requirements were followed.	22162

(D) A private nonprofit agency that receives funds pursuant	22163
to this section for the construction of a single-family home,	22164
including, where appropriate, the acquisition and installation of	22165
a single-family home fabricated in an off-site facility, is not	22166
subject to the requirements of Chapter 153. of the Revised Code	22167
with respect to the construction project, notwithstanding any	22168
provision of that chapter to the contrary.	22169

(E) The director may not assist a project under this section	22170
unless the controlling board or director of budget and management	22171
also approves the project pursuant to section 126.14 of the	22172
Revised Code.	22173

Sec. 5501.09. (A) There is hereby created within the	22174
division of multi-modal planning and programs the office of	22175
maritime transportation. The director of transportation shall	22176
assign to the office such duties, powers, and functions relating	22177
to state maritime transportation issues and activities as the	22178
director determines.	22179

(B) In addition to those duties, powers, and functions the	22180
director assigns to it, the office of maritime transportation	22181
shall exercise and perform such other duties, powers, and	22182
functions as are assigned to it by law.	22183

Sec. 5502.68. (A) There is hereby created in the state	22184
treasury the drug law enforcement fund. Three dollars and fifty	22185
cents out of each ten-dollar court cost imposed pursuant to	22186
section 2949.094 of the Revised Code shall be credited to the	22187
fund. Money in the fund shall be in an interest-bearing account,	22188
and all interest earned shall be credited to the fund. Money in	22189
the fund shall be used only in accordance with this section to	22190
award grants to counties, municipal corporations, townships,	22191
township police districts, and joint township police districts to	22192
defray the expenses that a drug task force organized in the	22193
county, or in the county in which the municipal corporation,	22194
township, or district is located, incurs in performing its	22195
functions related to the enforcement of the state's drug laws and	22196
other state laws related to illegal drug activity.	22197

The division of criminal justice services shall administer	22198
all money deposited into the drug law enforcement fund and, by	22199
rule adopted under Chapter 119. of the Revised Code, shall	22200
establish procedures for a county, municipal corporation,	22201
township, township police district, or joint township police	22202
district to apply for money from the fund to defray the expenses	22203
that a drug task force organized in the county, or in the county	22204
in which the municipal corporation, township, or district is	22205
located, incurs in performing its functions related to the	22206
enforcement of the state's drug laws and other state laws related	22207
to illegal drug activity, procedures and criteria for determining	22208
eligibility of applicants to be provided money from the fund, and	22209
procedures and criteria for determining the amount of money to be	22210
provided out of the fund to eligible applicants.	22211

(B) The procedures and criteria established under division	22212
(A) of this section for applying for money from the fund shall	22213
include, but shall not be limited to, a provision requiring a	22214
county, municipal corporation, township, township police district,	22215
or joint township police district that applies for money from the	22216
fund to specify in its application the amount of money desired	22217
from the fund, provided that the cumulative amount requested in	22218
all applications submitted for any single drug task force may not	22219
exceed more than two hundred fifty thousand dollars in any	22220
calendar year for that task force.	22221

(C) The procedures and criteria established under division	22222
(A) of this section for determining eligibility of applicants to	22223
be provided money from the fund and for determining the amount of	22224
money to be provided out of the fund to eligible applicants shall	22225
include, but not be limited to, all of the following:	22226

(1) Provisions requiring that, in order to be eligible to be	22227
provided money from the fund, a drug task force that applies for	22228
money from the fund must provide evidence that the drug task force	22229
will receive a local funding match of at least twenty-five per	22230
cent of the task force's projected operating costs in the period	22231
of time covered by the grant;	22232

(2) Provisions requiring that money from the fund be	22233
allocated and provided to drug task forces that apply for money	22234
from the fund in accordance with the following priorities:	22235

(a) Drug task forces that apply, that are in existence on the	22236
date of the application, and that are determined to be eligible	22237
applicants, and to which either of the following applies shall be	22238
given first priority to be provided money from the fund:	22239

(i) Drug task forces that received funding through the	22240
division of criminal justice services in calendar year 2007;	22241

(ii) Drug task forces in a county that has a population that	22242
exceeds seven hundred fifty thousand.	22243

(b) If any moneys remain in the fund after all drug task	22244
forces that apply, that are in existence on the date of the	22245
application, that are determined to be eligible applicants, and	22246
that satisfy the criteria set forth in division (C)(2)(a)(i) or	22247
(ii) of this section are provided money from the fund as	22248
described in division (C)(2)(a) of this section, the following	22249
categories of drug task forces that apply and that are determined	22250
to be eligible applicants shall be given priority to be provided	22251
money from the fund in the order in which they apply for money	22252
from the fund:	22253

(i) Drug task forces that are not in existence on the date of	22254
the application;	22255

(ii) Drug task forces that are in existence on the date of	22256
the application but that do not satisfy the criteria set forth in	22257
division (C)(2)(a)(i) or (ii) of this section.	22258

(D) The procedures and criteria established under division	22259
(A) of this section for determining the amount of money to be	22260
provided out of the fund to eligible applicants shall include, but	22261
shall not be limited to, a provision specifying that the	22262
cumulative amount provided to any single drug task force may not	22263
exceed more than two hundred fifty thousand dollars in any	22264
calendar year.	22265

(E) As used in this section "drug task force" means a drug	22266
task force organized in any county by the sheriff of the county,	22267
the prosecuting attorney of the county, the chief of police of	22268
the organized police department of any municipal corporation or	22269
township in the county, and the chief of police of the police	22270
force of any township police district or joint township police	22271
district in the county to perform functions related to the	22272
enforcement of state drug laws and other state laws related to	22273
illegal drug activity.	22274

Sec. 5513.01. (A) All purchases of machinery, materials,	22275
supplies, or other articles that the director of transportation	22276
makes shall be in the manner provided in this section. In all	22277
cases except those in which the director provides written	22278
authorization for purchases by district deputy directors of	22279
transportation, all such purchases shall be made at the central	22280
office of the department of transportation in Columbus. Before	22281
making any purchase at that office, the director, as provided in	22282
this section, shall give notice to bidders of the director's	22283
intention to purchase. Where the expenditure does not exceed the	22284
amount applicable to the purchase of supplies specified in	22285
division (B) of section 125.05 of the Revised Code, as adjusted	22286
pursuant to division (D) of that section, the director shall give	22287
such notice as the director considers proper, or the director may	22288
make the purchase without notice. Where the expenditure exceeds	22289
the amount applicable to the purchase of supplies specified in	22290
division (B) of section 125.05 of the Revised Code, as adjusted	22291
pursuant to division (D) of that section, the director shall give	22292
notice by posting for not less than ten days a written, typed, or	22293
printed invitation to bidders on a bulletin board, which shall be	22294
located in a place in the offices assigned to the department and	22295
open to the public during business hours. Producers or	22296
distributors of any product may notify the director, in writing,	22297
of the class of articles for the furnishing of which they desire	22298
to bid and their post-office addresses, in which case copies of	22299
all invitations to bidders relating to the purchase of such	22300
articles shall be mailed to such persons by the director by	22301
regular first class mail at least ten days prior to the time fixed	22302
for taking bids. The director also may mail copies of all	22303
invitations to bidders to news agencies or other agencies or	22304
organizations distributing information of this character. Requests	22305
for invitations shall not be valid nor require action by the	22306
director unless renewed, either annually or after such shorter	22307
period as the director may prescribe by a general rule. The	22308
invitation to bidders shall contain a brief statement of the	22309
general character of the article that it is intended to purchase,	22310
the approximate quantity desired, and a statement of the time and	22311
place where bids will be received, and may relate to and describe	22312
as many different articles as the director thinks proper, it being	22313
the intent and purpose of this section to authorize the inclusion	22314
in a single invitation of as many different articles as the	22315
director desires to invite bids upon at any given time.	22316
Invitations issued during each calendar year shall be given	22317
consecutive numbers, and the number assigned to each invitation	22318
shall appear on all copies thereof. In all cases where notice is	22319
required by this section, sealed bids shall be taken, on forms	22320
prescribed and furnished by the director, and modification of bids	22321
after they have been opened shall not be permitted.	22322

(B) The director may permit the Ohio turnpike commission, any	22323
political subdivision, and any state university or college to	22324
participate in contracts into which the director has entered for	22325
the purchase of machinery, materials, supplies, or other articles.	22326
~~Any~~The turnpike commission and any political subdivision or state	22327
university or college desiring to participate in such purchase	22328
contracts shall file with the director a certified copy of the	22329
bylaws or rules of the turnpike commission or the ordinance or	22330
resolution of ~~its~~the legislative authority, board of trustees, or	22331
other governing board requesting authorization to participate in	22332
such contracts and agreeing to be bound by such terms and	22333
conditions as the director prescribes. Purchases made by the	22334
turnpike commission, political subdivisions, or state universities	22335
or colleges under this division are exempt from any competitive	22336
bidding required by law for the purchase of machinery, materials,	22337
supplies, or other articles.	22338

22339

(1) "Political subdivision" means any county, township,	22340
municipal corporation, conservancy district, township park	22341
district, park district created under Chapter 1545. of the Revised	22342
Code, port authority, regional transit authority, regional airport	22343
authority, regional water and sewer district, or county transit	22344
board.	22345

(2) "State university or college" has the same meaning as in	22346
division (A)(1) of section 3345.32 of the Revised Code.	22347

(3) "Ohio turnpike commission" means the commission created	22348
by section 5537.02 of the Revised Code.	22349

Sec. 5525.01. Before entering into a contract the director	22350
of transportation shall advertise for bids for two consecutive	22351
weeks in one newspaper of general circulation published in the	22352
county in which the improvement or part thereof is located, but if	22353
there is no such newspaper then in one newspaper having general	22354
circulation in an adjacent county. The director may advertise for	22355
bids in such other publications as the director considers	22356
advisable. Such notices shall state that plans and specifications	22357
for the improvement are on file in the office of the director and	22358
the district deputy director of the district in which the	22359
improvement or part thereof is located and the time within which	22360
bids therefor will be received.	22361

Each bidder shall be required to file with the bidder's bid a	22362
bid guaranty in the form of a certified check or, a cashier's	22363
check, or an electronic funds transfer to the treasurer of state	22364
that is evidenced by a receipt or by a certification to the	22365
director of transportation in a form prescribed by the director	22366
that an electronic funds transfer has been made to the treasurer	22367
of state, for an amount equal to five per cent of the bidder's	22368
bid, but in no event more than fifty thousand dollars, or a bid	22369
bond for ten per cent of the bidder's bid, payable to the	22370
director, which check, transferred sum, or bond shall be forthwith	22371
returned to the bidder in case the contract is awarded to another	22372
bidder, or, in case of a successful bidder, when the bidder has	22373
entered into a contract and furnished the bonds required by	22374
section 5525.16 of the Revised Code. In the event the contract is	22375
awarded to a bidder, and the bidder fails or refuses to furnish	22376
the bonds as required by section 5525.16 of the Revised Code, the	22377
check, transferred sum, or bid bond filed with the bidder's bid	22378
shall be forfeited as liquidated damages. No bidder shall be	22379
required either to file a signed contract with the bidder's bid,	22380
to enter into a contract, or to furnish the contract performance	22381
bond and the payment bond required by that section until the bids	22382
have been opened and the bidder has been notified by the director	22383
that the bidder is awarded the contract.	22384

The director shall permit a bidder to withdraw the bidder's	22385
bid from consideration, without forfeiture of the ~~certified~~ check,	22386
transferred sum, or bid bond filed with the bid, providing a	22387
written request together with a sworn statement of the grounds for	22388
such withdrawal is delivered within forty-eight hours after the	22389
time established for the receipt of bids, and if the price bid was	22390
substantially lower than the other bids, providing the bid was	22391
submitted in good faith, and the reason for the price bid being	22392
substantially lower was a clerical mistake evident on the face of	22393
the bid, as opposed to a judgment mistake, and was actually due to	22394
an unintentional and substantial arithmetic error or an	22395
unintentional omission of a substantial quantity of work, labor,	22396
or material made directly in the compilation of the bid. In the	22397
event the director decides the conditions for withdrawal have not	22398
been met, the director may award the contract to such bidder. If	22399
such bidder does not then enter into a contract and furnish the	22400
contract bond as required by law, the director may declare	22401
forfeited the ~~certified~~ check, transferred sum, or bid bond as	22402
liquidated damages and award the contract to the next higher	22403
bidder or reject the remaining bids and readvertise the project	22404
for bids. Such bidder may, within thirty days, appeal the decision	22405
of the director to the court of common pleas of Franklin county	22406
and the court may affirm or reverse the decision of the director	22407
and may order the director to refund the amount of the forfeiture.	22408
At the hearing before the common pleas court evidence may be	22409
introduced for and against the decision of the director. The	22410
decision of the common pleas court may be appealed as in other	22411
cases.	22412

There is hereby created the ODOT letting fund, which shall be	22413
in the custody of the treasurer of state but shall not be part of	22414
the state treasury. All certified checks and cashiers' checks	22415
received with bidders' bids, and all sums transferred to the	22416
treasurer of state by electronic funds transfer in connection with	22417
bidders' bids, under this section shall be credited to the fund.	22418
All such bid guaranties shall be held in the fund until a	22419
determination is made as to the final disposition of the money. If	22420
the department determines that any such bid guaranty is no longer	22421
required to be held, the amount of the bid guaranty shall be	22422
returned to the appropriate bidder. If the department determines	22423
that a bid guaranty under this section shall be forfeited, the	22424
amount of the bid guaranty shall be transferred or, in the case of	22425
money paid on a forfeited bond, deposited into the state treasury,	22426
to the credit of the highway operating fund. Any investment	22427
earnings of the ODOT letting fund shall be distributed as the	22428
treasurer of state considers appropriate.	22429

The director shall require all bidders to furnish the	22430
director, upon such forms as the director may prescribe, detailed	22431
information with respect to all pending work of the bidder,	22432
whether with the department of transportation or otherwise,	22433
together with such other information as the director considers	22434
necessary.	22435

In the event a bidder fails to submit anything required to be	22436
submitted with the bid and then fails or refuses to so submit such	22437
at the request of the director, the failure or refusal constitutes	22438
grounds for the director, in the director's discretion, to declare	22439
as forfeited the bid guaranty submitted with the bid.	22440

The director may reject any or all bids. Except in regard to	22441
contracts for environmental remediation and specialty work for	22442
which there are no classes of work set out in the rules adopted by	22443
the director, if the director awards the contract, the director	22444
shall award it to the lowest competent and responsible bidder as	22445
defined by rules adopted by the director under section 5525.05 of	22446
the Revised Code, who is qualified to bid under sections 5525.02	22447
to 5525.09 of the Revised Code. In regard to contracts for	22448
environmental remediation and specialty work for which there are	22449
no classes of work set out in the rules adopted by the director,	22450
the director shall competitively bid the projects in accordance	22451
with this chapter and shall award the contracts to the lowest and	22452
best bidder.	22453

The award for all projects competitively let by the director	22454
under this section shall be made within ten days after the date on	22455
which the bids are opened, and the successful bidder shall enter	22456
into a contract and furnish a contract performance bond and a	22457
payment bond, as provided for in section 5525.16 of the Revised	22458
Code, within ten days after the bidder is notified that the bidder	22459
has been awarded the contract.	22460

The director may insert in any contract awarded under this	22461
chapter a clause providing for value engineering change proposals,	22462
under which a contractor who has been awarded a contract may	22463
propose a change in the plans and specifications of the project	22464
that saves the department time or money on the project without	22465
impairing any of the essential functions and characteristics of	22466
the project such as service life, reliability, economy of	22467
operation, ease of maintenance, safety, and necessary standardized	22468
features. If the director adopts the value engineering proposal,	22469
the savings from the proposal shall be divided between the	22470
department and the contractor according to guidelines established	22471
by the director, provided that the contractor shall receive at	22472
least fifty per cent of the savings from the proposal. The	22473
adoption of a value engineering proposal does not invalidate the	22474
award of the contract or require the director to rebid the	22475
project.	22476

Sec. 5533.94. In addition to the designation in section	22477
5533.35 of the Revised Code, the road known as interstate highway	22478
number ninety, located within the municipal corporation of	22479
Willoughby Hills in Lake county only, shall be known as the "Cpl.	22480
Joshua Harmon Memorial Highway."	22481

The director of transportation may erect suitable markers	22482
along the highway indicating its name.	22483

Sec. 5703.19. (A) To carry out the purposes of the laws that	22484
the tax commissioner is required to administer, the commissioner	22485
or any person employed by the commissioner for that purpose, upon	22486
demand, may inspect books, accounts, records, and memoranda of any	22487
person or public utility subject to those laws, and may examine	22488
under oath any officer, agent, or employee of that person or	22489
public utility. Any person other than the commissioner who makes a	22490
demand pursuant to this section shall produce the person's	22491
authority to make the inspection.	22492

(B) If a person or public utility receives at least ten days'	22493
written notice of a demand made under division (A) of this section	22494
and refuses to comply with that demand, a penalty of five hundred	22495
dollars shall be imposed upon the person or public utility for	22496
each day the person or public utility refuses to comply with the	22497
demand. Penalties imposed under this division may be assessed and	22498
collected in the same manner as assessments made under Chapter	22499
3769., 4305., 5727., 5728., 5733., 5735., 5739., 5743., 5745.,	22500
5747., 5749., or ~~5753.~~5751., or sections 3734.90 to 3734.9014, of	22501
the Revised Code.	22502

Sec. 5703.21. (A) Except as provided in divisions (B) and	22503
(C) of this section, no agent of the department of taxation,	22504
except in the agent's report to the department or when called on	22505
to testify in any court or proceeding, shall divulge any	22506
information acquired by the agent as to the transactions,	22507
property, or business of any person while acting or claiming to	22508
act under orders of the department. Whoever violates this	22509
provision shall thereafter be disqualified from acting as an	22510
officer or employee or in any other capacity under appointment or	22511
employment of the department.	22512

(B)(1) For purposes of an audit pursuant to section 117.15 of	22513
the Revised Code, or an audit of the department pursuant to	22514
Chapter 117. of the Revised Code, or an audit, pursuant to that	22515
chapter, the objective of which is to express an opinion on a	22516
financial report or statement prepared or issued pursuant to	22517
division (A)(7) or (9) of section 126.21 of the Revised Code, the	22518
officers and employees of the auditor of state charged with	22519
conducting the audit shall have access to and the right to examine	22520
any state tax returns and state tax return information in the	22521
possession of the department to the extent that the access and	22522
examination are necessary for purposes of the audit. Any	22523
information acquired as the result of that access and examination	22524
shall not be divulged for any purpose other than as required for	22525
the audit or unless the officers and employees are required to	22526
testify in a court or proceeding under compulsion of legal	22527
process. Whoever violates this provision shall thereafter be	22528
disqualified from acting as an officer or employee or in any other	22529
capacity under appointment or employment of the auditor of state.	22530

(2) For purposes of an internal audit pursuant to section	22531
126.45 of the Revised Code, the officers and employees of the	22532
office of internal auditing in the office of budget and management	22533
charged with conducting the internal audit shall have access to	22534
and the right to examine any state tax returns and state tax	22535
return information in the possession of the department to the	22536
extent that the access and examination are necessary for purposes	22537
of the internal audit. Any information acquired as the result of	22538
that access and examination shall not be divulged for any purpose	22539
other than as required for the internal audit or unless the	22540
officers and employees are required to testify in a court or	22541
proceeding under compulsion of legal process. Whoever violates	22542
this provision shall thereafter be disqualified from acting as an	22543
officer or employee or in any other capacity under appointment or	22544
employment of the office of internal auditing.	22545

(3) As provided by section 6103(d)(2) of the Internal Revenue	22546
Code, any federal tax returns or federal tax information that the	22547
department has acquired from the internal revenue service, through	22548
federal and state statutory authority, may be disclosed to the	22549
auditor of state or the office of internal auditing solely for	22550
purposes of an audit of the department.	22551

(C) Division (A) of this section does not prohibit any of the	22552
following:	22553

(1) Divulging information contained in applications,	22554
complaints, and related documents filed with the department under	22555
section 5715.27 of the Revised Code or in applications filed with	22556
the department under section 5715.39 of the Revised Code;	22557

(2) Providing information to the office of child support	22558
within the department of job and family services pursuant to	22559
section 3125.43 of the Revised Code;	22560

(3) Disclosing to the board of motor vehicle collision repair	22561
registration any information in the possession of the department	22562
that is necessary for the board to verify the existence of an	22563
applicant's valid vendor's license and current state tax	22564
identification number under section 4775.07 of the Revised Code;	22565

(4) Providing information to the administrator of workers'	22566
compensation pursuant to sections 4123.271 and 4123.591 of the	22567
Revised Code;	22568

(5) Providing to the attorney general information the	22569
department obtains under division (J) of section 1346.01 of the	22570
Revised Code;	22571

(6) Permitting properly authorized officers, employees, or	22572
agents of a municipal corporation from inspecting reports or	22573
information pursuant to rules adopted under section 5745.16 of the	22574
Revised Code;	22575

(7) Providing information regarding the name, account number,	22576
or business address of a holder of a vendor's license issued	22577
pursuant to section 5739.17 of the Revised Code, a holder of a	22578
direct payment permit issued pursuant to section 5739.031 of the	22579
Revised Code, or a seller having a use tax account maintained	22580
pursuant to section 5741.17 of the Revised Code, or information	22581
regarding the active or inactive status of a vendor's license,	22582
direct payment permit, or seller's use tax account;	22583

(8) Releasing invoices or invoice information furnished under	22584
section 4301.433 of the Revised Code pursuant to that section;	22585

(9) Providing to a county auditor notices or documents	22586
concerning or affecting the taxable value of property in the	22587
county auditor's county. Unless authorized by law to disclose	22588
documents so provided, the county auditor shall not disclose such	22589
documents;	22590

(10) Providing to a county auditor sales or use tax return or	22591
audit information under section 333.06 of the Revised Code;	22592

(11) Disclosing to the department of natural resources	22593
information in the possession of the department that is necessary	22594
to verify the taxpayer's compliance with division (A)(1), (8), or	22595
(9) of section 5749.02 of the Revised Code.	22596

Sec. 5703.57. (A) As used in this section, "Ohio business	22597
gateway" has the same meaning as in section 718.051 of the Revised	22598
Code.	22599

(B) There is hereby created the Ohio business gateway	22600
steering committee to direct the continuing development of the	22601
Ohio business gateway and to oversee its operations. The committee	22602
shall provide general oversight regarding operation of the Ohio	22603
business gateway and shall recommend to the department of	22604
administrative services enhancements that will improve the Ohio	22605
business gateway. The committee shall consider all banking,	22606
technological, administrative, and other issues associated with	22607
the Ohio business gateway and shall make recommendations regarding	22608
the type of reporting forms or other tax documents to be filed	22609
through the Ohio business gateway.	22610

22611

(1) The following members, appointed by the governor with the	22612
advice and consent of the senate:	22613

(a) Not more than two representatives of the business	22614
community;	22615

(b) Not more than three representatives of municipal tax	22616
administrators; and	22617

22618

(2) The following ex officio members:

22619

(a) The director or other highest officer of each state	22620
agency that has tax reporting forms or other tax documents filed	22621
with it through the Ohio business gateway or the director's	22622
designee;	22623

(b) The secretary of state or the secretary of state's	22624
designee;	22625

(c) The treasurer of state or the treasurer of state's	22626
designee;	22627

(d) The director of budget and management or the director's	22628
designee;	22629

(e) The ~~director of the office of information technology~~	22630
state chief information officer or the ~~director's~~officer's	22631
designee; ~~and~~	22632

(f) The tax commissioner or the tax commissioner's designee;	22633
and	22634

(g) The director of development or the director's designee.

22635

An appointed member shall serve until the member resigns or	22636
is removed by the governor. Vacancies shall be filled in the same	22637
manner as original appointments.	22638

(D) A vacancy on the committee does not impair the right of	22639
the other members to exercise all the functions of the committee.	22640
The presence of a majority of the members of the committee	22641
constitutes a quorum for the conduct of business of the committee.	22642
The concurrence of at least a majority of the members of the	22643
committee is necessary for any action to be taken by the	22644
committee. On request, each member of the committee shall be	22645
reimbursed for the actual and necessary expenses incurred in the	22646
discharge of the member's duties.	22647

(E) The committee is a part of the department of taxation for	22648
administrative purposes.	22649

(F) Each year, the governor shall select a member of the	22650
committee to serve as chairperson. The chairperson shall appoint	22651
an official or employee of the department of taxation to act as	22652
the committee's secretary. The secretary shall keep minutes of the	22653
committee's meetings and a journal of all meetings, proceedings,	22654
findings, and determinations of the committee.	22655

(G) The committee shall hire professional, technical, and	22656
clerical staff needed to support its activities.	22657

(H) The committee shall meet as often as necessary to perform	22658
its duties.	22659

Sec. 5703.82. (A) Not later than April 1, 2009, the	22660
department of taxation shall acquire the necessary hardware,	22661
software, and services to establish and implement a tax discovery	22662
data system to increase the efficiency of tax collections in the	22663
state. The system must be fully integrated and pre-staged for	22664
the purposes of assisting in revenue analysis, discovering	22665
noncompliant taxpayers, and collecting taxes from those	22666
taxpayers. The system shall consolidate tax data from various	22667
mainframe systems and operate as a single tax discovery data	22668
system. The department shall contract, pursuant to a competitive	22669
bidding process, for the necessary hardware, software, and	22670
services to implement the tax discovery data system.	22671

(B) There is hereby created in the state treasury the	22672
discovery project fund. All money to the credit of the fund shall	22673
be used to pay the costs of implementing and operating the tax	22674
discovery data system and to defray the costs incurred by the	22675
department of taxation in administering the system.	22676

(C) Beginning July 1, 2009, on or before the first day of	22677
January, April, July, and October of each calendar year, the tax	22678
commissioner shall determine and certify to the director of budget	22679
and management the amount needed to pay the costs of operating the	22680
tax discovery data system in the previous calendar quarter and the	22681
costs incurred in the previous calendar quarter by the department	22682
of taxation in administering the system. The director shall	22683
provide for payment from the general revenue fund to the discovery	22684
project fund of the amount so certified.	22685

Sec. 5705.194. The board of education of any city, local,	22686
exempted village, cooperative education, or joint vocational	22687
school district at any time may declare by resolution that the	22688
revenue that will be raised by all tax levies which the district	22689
is authorized to impose, when combined with state and federal	22690
revenues, will be insufficient to provide for the emergency	22691
requirements of the school district or to avoid an operating	22692
deficit, and that it is therefore necessary to levy an additional	22693
tax in excess of the ten-mill limitation. The resolution shall be	22694
confined to a single purpose and shall specify that purpose. If	22695
the levy is proposed to renew all or a portion of the proceeds	22696
derived from one or more existing levies imposed pursuant to this	22697
section, it shall be called a renewal levy and shall be so	22698
designated on the ballot. If two or more existing levies are to be	22699
included in a single renewal levy but are not scheduled to expire	22700
in the same year, the resolution shall specify that the existing	22701
levies to be renewed shall not be levied after the year preceding	22702
the year in which the renewal levy is first imposed.	22703
Notwithstanding the original purpose of any one or more existing	22704
levies that are to be in any single renewal levy, the purpose of	22705
the renewal levy may be either to avoid an operating deficit or to	22706
provide for the emergency requirements of the school district. The	22707
resolution shall further specify the amount of money it is	22708
necessary to raise for the specified purpose for each calendar	22709
year the millage is to be imposed; if a renewal levy, whether the	22710
levy is to renew all, or a portion of, the proceeds derived from	22711
one or more existing levies; and the number of years in which the	22712
millage is to be in effect, which may include a levy upon the	22713
current year's tax list. The number of years may be any number	22714
not exceeding ~~five~~ten.	22715

The question shall be submitted at a special election on a	22716
date specified in the resolution. The date shall not be earlier	22717
than eighty days after the adoption and certification of the	22718
resolution to the county auditor and shall be consistent with the	22719
requirements of section 3501.01 of the Revised Code. A resolution	22720
for a renewal levy shall not be placed on the ballot unless the	22721
question is submitted on a date on which a special election may be	22722
held under division (D) of section 3501.01 of the Revised Code,	22723
except for the first Tuesday after the first Monday in February	22724
and August, during the last year the levy to be renewed may be	22725
extended on the real and public utility property tax list and	22726
duplicate, or at any election held in the ensuing year, except	22727
that if the resolution proposes renewing two or more existing	22728
levies, the question shall be submitted on the date of the general	22729
or primary election held during the last year at least one of the	22730
levies to be renewed may be extended on that list and duplicate,	22731
or at any election held during the ensuing year. For purposes of	22732
this section, a levy shall be considered to be an "existing levy"	22733
through the year following the last year it can be placed on the	22734
real and public utility property tax list and duplicate.	22735

The submission of questions to the electors under this	22736
section is subject to the limitation on the number of election	22737
dates established by section 5705.214 of the Revised Code.	22738

The resolution shall go into immediate effect upon its	22739
passage, and no publication of the resolution shall be necessary	22740
other than that provided for in the notice of election. A copy of	22741
the resolution shall immediately after its passing be certified to	22742
the county auditor of the proper county. Section 5705.195 of the	22743
Revised Code shall govern the arrangements for the submission of	22744
questions to the electors under this section and other matters	22745
concerning the election. Publication of notice of the election	22746
shall be made in one or more newspapers of general circulation in	22747
the county once a week for two consecutive weeks prior to the	22748
election, and, if the board of elections operates and maintains a	22749
web site, the board of elections shall post notice of the election	22750
on its web site for thirty days prior to the election. If a	22751
majority of the electors voting on the question submitted in an	22752
election vote in favor of the levy, the board of education of the	22753
school district may make the additional levy necessary to raise	22754
the amount specified in the resolution for the purpose stated in	22755
the resolution. The tax levy shall be included in the next tax	22756
budget that is certified to the county budget commission.	22757

After the approval of the levy and prior to the time when the	22758
first tax collection from the levy can be made, the board of	22759
education may anticipate a fraction of the proceeds of the levy	22760
and issue anticipation notes in an amount not exceeding the total	22761
estimated proceeds of the levy to be collected during the first	22762
year of the levy.	22763

The notes shall be issued as provided in section 133.24 of	22764
the Revised Code, shall have principal payments during each year	22765
after the year of their issuance over a period not to exceed five	22766
years, and may have principal payment in the year of their	22767
issuance.	22768

Sec. 5705.199. (A) At any time the board of education of a	22769
city, local, exempted village, cooperative education, or joint	22770
vocational school district, by a vote of two-thirds of all its	22771
members, may declare by resolution that the revenue that will be	22772
raised by all tax levies that the district is authorized to	22773
impose, when combined with state and federal revenues, will be	22774
insufficient to provide for the necessary requirements of the	22775
school district, and that it is therefore necessary to levy a tax	22776
in excess of the ten-mill limitation for the purpose of providing	22777
for the necessary requirements of the school district. Such a	22778
levy shall be proposed as a substitute for all or a portion of one	22779
or more existing levies imposed under sections 5705.194 to	22780
5705.197 of the Revised Code or under this section, by levying a	22781
tax as follows:	22782

(1) In the initial year the levy is in effect, the levy shall	22783
be in a specified amount of money equal to the aggregate annual	22784
dollar amount of proceeds derived from the levy or levies, or	22785
portion thereof, being substituted.	22786

(2) In each subsequent year the levy is in effect, the levy	22787
shall be in a specified amount of money equal to the sum of the	22788
following:	22789

(a) The dollar amount of the proceeds derived from the levy	22790
in the prior year; and	22791

(b) The dollar amount equal to the product of the total	22792
taxable value of all taxable real property in the school district	22793
in the then-current year, excluding carryover property as defined	22794
in section 319.301 of the Revised Code, multiplied by the annual	22795
levy, expressed in mills for each one dollar of valuation, that	22796
was required to produce the annual dollar amount of the levy under	22797
this section in the prior year; provided, that the amount under	22798
division (A)(2)(b) of this section shall not be less than zero.	22799

(B) The resolution proposing the substitute levy shall	22800
specify the annual dollar amount the levy is to produce in its	22801
initial year; the first calendar year in which the levy will be	22802
due; and the term of the levy expressed in years, which may be	22803
any number not exceeding ten, or for a continuing period of	22804
time. The resolution shall specify the date of holding the	22805
election, which shall not be earlier than seventy-five days	22806
after certification of the resolution to the board of elections,	22807
and which shall be consistent with the requirements of section	22808
3501.01 of the Revised Code. If two or more existing levies are	22809
to be included in a single substitute levy, but are not	22810
scheduled to expire in the same year, the resolution shall	22811
specify that the existing levies to be substituted shall not be	22812
levied after the year preceding the year in which the substitute	22813
levy is first imposed.	22814

The resolution shall go into immediate effect upon its	22815
passage, and no publication of the resolution shall be necessary	22816
other than that provided for in the notice of election. A copy of	22817
the resolution shall immediately after its passage be certified to	22818
the county auditor in the manner provided by section 5705.195 of	22819
the Revised Code, and sections 5705.194 and 5705.196 of the	22820
Revised Code shall govern the arrangements for the submission of	22821
the question and other matters concerning the notice of election	22822
and the election, except as may be provided otherwise in this	22823
section.	22824

(C) The form of the ballot to be used at the election on the	22825
question of a levy under this section shall be as follows:	22826

"Shall a tax levy substituting for an existing levy be	22827
imposed by the .......... (here insert name of school district)	22828
for the purpose of providing for the necessary requirements of	22829
the school district in the initial sum of .......... (here insert	22830
the annual dollar amount the levy is to produce in its initial	22831
year), and a levy of taxes be made outside of the ten-mill	22832
limitation estimated by the county auditor to require ..........	22833
(here insert number of mills) mills for each one dollar of	22834
valuation, which amounts to .......... (here insert rate	22835
expressed in dollars and cents) for each one hundred dollars of	22836
valuation for the initial year of the tax, for a period of	22837
.......... (here insert the number of years the levy is to be	22838
imposed, or that it will be levied for a continuing period of	22839
time), commencing in .......... (first year the tax is to be	22840
levied), first due in calendar year .......... (first calendar	22841
year in which the tax shall be due), with the sum of such tax to	22842
increase only if and as new land or real property improvements	22843
not previously taxed by the school district are added to its tax	22844
list?	22845

22846

		FOR THE TAX LEVY			22847
		AGAINST THE TAX LEVY	"		22848

22849

If the levy submitted is a proposal to substitute all or a	22850
portion of more than one existing levy, the form of the ballot may	22851
be changed so long as the ballot reflects the number of levies to	22852
be substituted and that none of the existing levies to be	22853
substituted will be levied after the year preceding the year in	22854
which the substitute levy is first imposed. The form of the	22855
ballot shall be modified by substituting the statement "Shall a	22856
tax levy substituting for an existing levy" with "Shall a tax levy	22857
substituting for existing levies" and adding the following	22858
statement after "added to its tax list?" and before "For the Tax	22859
Levy":	22860

"If approved, any remaining tax years on any of the	22861
.......... (here insert the number of existing levies) existing	22862
levies will not be collected after .......... (here insert the	22863
current tax year or, if not the current tax year, the applicable	22864
tax year)."	22865

(D) The submission of questions to the electors under this	22866
section is subject to the limitation on the number of election	22867
dates established by section 5705.214 of the Revised Code.	22868

(E) If a majority of the electors voting on the question so	22869
submitted in an election vote in favor of the levy, the board of	22870
education may make the necessary levy within the school district	22871
at the rate and for the purpose stated in the resolution. The tax	22872
levy shall be included in the next tax budget that is certified to	22873
the county budget commission.	22874

(F) A levy for a continuing period of time may be decreased	22875
pursuant to section 5705.261 of the Revised Code.	22876

(G) A levy under this section substituting for all or a	22877
portion of one or more existing levies imposed under sections	22878
5705.194 to 5705.197 of the Revised Code or under this section	22879
shall be treated as having renewed the levy or levies being	22880
substituted for purposes of the payments made under sections	22881
5751.20 to 5751.22 of the Revised Code.	22882

(H) After the approval of a levy on the current tax list and	22883
duplicate, and prior to the time when the first tax collection	22884
from the levy can be made, the board of education may anticipate	22885
a fraction of the proceeds of the levy and issue anticipation	22886
notes in a principal amount not exceeding fifty per cent of the	22887
total estimated proceeds of the levy to be collected during the	22888
first year of the levy. The notes shall be issued as provided in	22889
section 133.24 of the Revised Code, shall have principal	22890
payments during each year after the year of their issuance over	22891
a period not to exceed five years, and may have a principal	22892
payment in the year of their issuance.	22893

Sec. 5705.214. Not more than three elections during any	22894
calendar year shall include the questions by a school district of	22895
tax levies proposed under any one or any combination of the	22896
following sections: sections 5705.194, 5705.199, 5705.21,	22897
5705.212, 5705.213, 5705.217, and 5705.218 of the Revised Code.	22898

Sec. 5705.29. This section does not apply to a subdivision or	22899
taxing unit for which the county budget commission has waived the	22900
requirement to adopt a tax budget pursuant to section 5705.281 of	22901
the Revised Code. The tax budget shall present the following	22902
information in such detail as is prescribed by the auditor of	22903
state:	22904

(A)(1) A statement of the necessary current operating	22905
expenses for the ensuing fiscal year for each department and	22906
division of the subdivision, classified as to personal services	22907
and other expenses, and the fund from which such expenditures are	22908
to be made. Except in the case of a school district, this estimate	22909
may include a contingent expense not designated for any particular	22910
purpose, and not to exceed three per cent of the total amount of	22911
appropriations for current expenses. In the case of a school	22912
district, this estimate may include a contingent expense not	22913
designated for any particular purpose and not to exceed thirteen	22914
per cent of the total amount of appropriations for current	22915
expenses.	22916

(2) A statement of the expenditures for the ensuing fiscal	22917
year necessary for permanent improvements, exclusive of any	22918
expense to be paid from bond issues, classified as to the	22919
improvements contemplated by the subdivision and the fund from	22920
which such expenditures are to be made;	22921

(3) The amounts required for the payment of final judgments;

22922

(4) A statement of expenditures for the ensuing fiscal year	22923
necessary for any purpose for which a special levy is authorized,	22924
and the fund from which such expenditures are to be made;	22925

(5) Comparative statements, so far as possible, in parallel	22926
columns of corresponding items of expenditures for the current	22927
fiscal year and the two preceding fiscal years.	22928

(B)(1) An estimate of receipts from other sources than the	22929
general property tax during the ensuing fiscal year, which shall	22930
include an estimate of unencumbered balances at the end of the	22931
current fiscal year, and the funds to which such estimated	22932
receipts are credited;	22933

(2) The amount each fund requires from the general property	22934
tax, which shall be the difference between the contemplated	22935
expenditure from the fund and the estimated receipts, as provided	22936
in this section. The section of the Revised Code under which the	22937
tax is authorized shall be set forth.	22938

(3) Comparative statements, so far as possible, in parallel	22939
columns of taxes and other revenues for the current fiscal year	22940
and the two preceding fiscal years.	22941

(C)(1) The amount required for debt charges;

22942

(2) The estimated receipts from sources other than the tax	22943
levy for payment of such debt charges, including the proceeds of	22944
refunding bonds to be issued to refund bonds maturing in the next	22945
succeeding fiscal year;	22946

(3) The net amount for which a tax levy shall be made,	22947
classified as to bonds authorized and issued prior to January 1,	22948
1922, and those authorized and issued subsequent to such date, and	22949
as to what portion of the levy will be within and what in excess	22950
of the ten-mill limitation.	22951

(D) An estimate of amounts from taxes authorized to be levied	22952
in excess of the ten-mill limitation on the tax rate, and the fund	22953
to which such amounts will be credited, together with the sections	22954
of the Revised Code under which each such tax is exempted from all	22955
limitations on the tax rate.	22956

(E)(1) A board of education may include in its budget for the	22957
fiscal year in which a levy proposed under section 5705.194,	22958
5705.199, 5705.21, or 5705.213, or the original levy under section	22959
5705.212 of the Revised Code is first extended on the tax list and	22960
duplicate an estimate of expenditures to be known as a voluntary	22961
contingency reserve balance, which shall not be greater than	22962
twenty-five per cent of the total amount of the levy estimated to	22963
be available for appropriation in such year.	22964

(2) A board of education may include in its budget for the	22965
fiscal year following the year in which a levy proposed under	22966
section 5705.194, 5705.199, 5705.21, or 5705.213, or the original	22967
levy under section 5705.212 of the Revised Code is first extended	22968
on the tax list and duplicate an estimate of expenditures to be	22969
known as a voluntary contingency reserve balance, which shall not	22970
be greater than twenty per cent of the amount of the levy	22971
estimated to be available for appropriation in such year.	22972

(3) Except as provided in division (E)(4) of this section,	22973
the full amount of any reserve balance the board includes in its	22974
budget shall be retained by the county auditor and county	22975
treasurer out of the first semiannual settlement of taxes until	22976
the beginning of the next succeeding fiscal year, and thereupon,	22977
with the depository interest apportioned thereto, it shall be	22978
turned over to the board of education, to be used for the purposes	22979
of such fiscal year.	22980

(4) A board of education, by a two-thirds vote of all members	22981
of the board, may appropriate any amount withheld as a voluntary	22982
contingency reserve balance during the fiscal year for any lawful	22983
purpose, provided that prior to such appropriation the board of	22984
education has authorized the expenditure of all amounts	22985
appropriated for contingencies under section 5705.40 of the	22986
Revised Code. Upon request by the board of education, the county	22987
auditor shall draw a warrant on the district's account in the	22988
county treasury payable to the district in the amount requested.	22989

(F)(1) A board of education may include a spending reserve in	22990
its budget for fiscal years ending on or before June 30, 2002. The	22991
spending reserve shall consist of an estimate of expenditures not	22992
to exceed the district's spending reserve balance. A district's	22993
spending reserve balance is the amount by which the designated	22994
percentage of the district's estimated personal property taxes to	22995
be settled during the calendar year in which the fiscal year ends	22996
exceeds the estimated amount of personal property taxes to be so	22997
settled and received by the district during that fiscal year.	22998
Moneys from a spending reserve shall be appropriated in accordance	22999
with section 133.301 of the Revised Code.	23000

(2) For the purposes of computing a school district's	23001
spending reserve balance for a fiscal year, the designated	23002
percentage shall be as follows:	23003

Fiscal year ending in:	Designated percentage	23004
1998	50%	23005
1999	40%	23006
2000	30%	23007
2001	20%	23008
2002	10%	23009

(G) Except as otherwise provided in this division, the county	23010
budget commission shall not reduce the taxing authority of a	23011
subdivision as a result of the creation of a reserve balance	23012
account. Except as otherwise provided in this division, the county	23013
budget commission shall not consider the amount in a reserve	23014
balance account of a township, county, or municipal corporation as	23015
an unencumbered balance or as revenue for the purposes of division	23016
(E)(3) or (4) of section 5747.51 of the Revised Code. The county	23017
budget commission may require documentation of the reasonableness	23018
of the reserve balance held in any reserve balance account. The	23019
commission shall consider any amount in a reserve balance account	23020
that it determines to be unreasonable as unencumbered and as	23021
revenue for the purposes of ~~sections~~section 5747.51 of the	23022
Revised Code and may take such amounts into consideration when	23023
determining whether to reduce the taxing authority of a	23024
subdivision.	23025

Sec. 5709.121. (A) Real property and tangible personal	23026
property belonging to a charitable or educational institution or	23027
to the state or a political subdivision, shall be considered as	23028
used exclusively for charitable or public purposes by such	23029
institution, the state, or political subdivision, if it meets one	23030
of the following requirements:	23031

(1) It is used by such institution, the state, or political	23032
subdivision, or by one or more other such institutions, the state,	23033
or political subdivisions under a lease, sublease, or other	23034
contractual arrangement:	23035

(a) As a community or area center in which presentations in	23036
music, dramatics, the arts, and related fields are made in order	23037
to foster public interest and education therein;	23038

(b) For other charitable, educational, or public purposes.

23039

(2) It is made available under the direction or control of	23040
such institution, the state, or political subdivision for use in	23041
furtherance of or incidental to its charitable, educational, or	23042
public purposes and not with the view to profit.	23043

(3) It is used by an organization described in division (D)	23044
of section 5709.12 of the Revised Code. If the organization is a	23045
corporation that receives a grant under the Thomas Alva Edison	23046
grant program authorized by division (C) of section 122.33 of the	23047
Revised Code at any time during the tax year, "used," for the	23048
purposes of this division, includes holding property for lease or	23049
resale to others.	23050

(B)(1) Property described in division (A)(1)(a) of this	23051
section shall continue to be considered as used exclusively for	23052
charitable or public purposes even if the property is conveyed	23053
through one conveyance or a series of conveyances to an entity	23054
that is not a charitable or educational institution and is not the	23055
state or a political subdivision, provided that all of the	23056
following conditions apply with respect to that property:	23057

(a) The property has been listed as exempt on the county	23058
auditor's tax list and duplicate for the county in which it is	23059
located for the ten tax years immediately preceding the year in	23060
which the property is conveyed through one conveyance or a series	23061
of conveyances;	23062

(b) The owner to which the property is conveyed through one	23063
conveyance or a series of conveyances leases the property through	23064
one lease or a series of leases to the entity that owned or	23065
occupied the property for the ten tax years immediately preceding	23066
the year in which the property is conveyed or an affiliate of such	23067
prior owner or occupant;	23068

(c) The property includes improvements that are at least	23069
fifty years old;	23070

(d) The property is being renovated in connection with a	23071
claim for historic preservation tax credits available under	23072
federal law;	23073

(e) The property continues to be used for the purposes	23074
described in division (A)(1)(a) of this section after its	23075
conveyance; and	23076

(f) The property is certified by the United States secretary	23077
of the interior as a "certified historic structure" or certified	23078
as part of a certified historic structure.	23079

(2) Notwithstanding section 5715.27 of the Revised Code, an	23080
application for exemption from taxation of property described in	23081
division (B)(1) of this section may be filed by either the owner	23082
of the property or its occupant.	23083

(C) For purposes of this section, an institution is a	23084
charitable institution if the institution is a nonprofit	23085
corporation or association, no part of the net earnings of which	23086
inures to the benefit of any private shareholder or individual, is	23087
exempt from federal income taxation under section 501(a) of the	23088
Internal Revenue Code, the majority of the institution's board of	23089
directors are appointed by the mayor or legislative authority of a	23090
municipal corporation or a board of county commissioners, or a	23091
combination thereof, and the primary purpose of the institution is	23092
to assist in the development and revitalization of downtown urban	23093
areas.	23094

Sec. 5721.30. As used in sections 5721.30 to 5721.43 of the	23095
Revised Code:	23096

(A) "Tax certificate," "certificate," or "duplicate	23097
certificate" means a document that may be issued as a physical	23098
certificate, in book-entry form, or through an electronic medium,	23099
at the discretion of the county treasurer. Such document shall	23100
contain the information required by section 5721.31 of the Revised	23101
Code and shall be prepared, transferred, or redeemed in the manner	23102
prescribed by sections 5721.30 to 5721.43 of the Revised Code. As	23103
used in those sections, "tax certificate," "certificate," and	23104
"duplicate certificate" do not refer to the delinquent land tax	23105
certificate or the delinquent vacant land tax certificate issued	23106
under section 5721.13 of the Revised Code.	23107

(B) "Certificate parcel" means the parcel of delinquent land	23108
that is the subject of and is described in a tax certificate.	23109

(C) "Certificate holder" means a person who purchases a tax	23110
certificate under section 5721.32, 5721.33, or 5721.42 of the	23111
Revised Code, or a person to whom a tax certificate has been	23112
transferred pursuant to section 5721.36 of the Revised Code.	23113

(D) "Certificate purchase price" means, with respect to the	23114
sale of tax certificates under sections 5721.32, 5721.33, and	23115
5721.42 of the Revised Code, the amount equal to delinquent taxes,	23116
~~assessments, penalties, and interest computed under section~~	23117
~~323.121 of the Revised Code~~ charged against a certificate parcel	23118
at the time the tax certificate respecting that parcel is sold,	23119
not including any delinquent taxes~~, assessments, penalties,~~	23120
~~interest, and charges,~~ the lien for which has been conveyed to a	23121
certificate holder through a prior sale of a tax certificate	23122
respecting that parcel~~; provided, however, that payment~~. Payment	23123
of the certificate purchase price in a sale under section 5721.33	23124
of the Revised Code may be made wholly in cash or partially in	23125
cash and partially by noncash consideration acceptable to the	23126
county treasurer from the purchaser. In the event that any such	23127
noncash consideration is delivered to pay a portion of the	23128
certificate purchase price, such noncash consideration may be	23129
subordinate to the rights of the holders of other obligations	23130
whose proceeds paid the cash portion of the certificate purchase	23131
price.	23132

"Certificate purchase price" also includes the amount of the	23133
fee charged by the county treasurer to the purchaser of the	23134
certificate under division (H) of section 5721.32 of the Revised	23135
Code.	23136

(E)(1) With respect to a sale of tax certificates under	23137
section 5721.32 of the Revised Code, and except as provided in	23138
division (E)(2) of this section, ~~both of the following apply:~~	23139

~~(1) "Certificate~~"certificate redemption price" means the	23140
certificate purchase price plus the greater of the following:	23141

(a) ~~Interest~~Simple interest, at the certificate rate of	23142
interest, accruing during the certificate interest period on the	23143
certificate purchase price, calculated in accordance with section	23144
5721.41 of the Revised Code;	23145

(b) Six per cent of the certificate purchase price.

23146

(2) If the certificate rate of interest equals zero, the	23147
certificate redemption price equals the certificate purchase price	23148
plus the fee charged by the county treasurer to the purchaser of	23149
the certificate under division (H) of section 5721.32 of the	23150
Revised Code.	23151

(F) With respect to a sale of tax certificates under section	23152
5721.33 of the Revised Code, "certificate redemption price" means	23153
the amount equal to the sum of the following:	23154

(1) The certificate purchase price;

23155

(2) Interest accrued on the certificate purchase price at the	23156
certificate rate of interest from the date on which a tax	23157
certificate is delivered through and including the day immediately	23158
preceding the day on which the certificate redemption price is	23159
paid;	23160

(3) The fee, if any, charged by the county treasurer to the	23161
purchaser of the certificate under division (J) of section 5721.33	23162
of the Revised Code;	23163

(4) Any other fees charged by any county office in connection	23164
with the recording of tax certificates.	23165

(G) "Certificate rate of interest" means the rate of simple	23166
interest per year bid by the winning bidder in an auction of a tax	23167
certificate held under section 5721.32 of the Revised Code, or the	23168
rate of simple interest per year not to exceed eighteen per cent	23169
per year fixed pursuant to section 5721.42 of the Revised Code or	23170
by the county treasurer with respect to any tax certificate sold	23171
pursuant to a negotiated sale under section 5721.33 of the Revised	23172
Code. The certificate rate of interest shall not be less than zero	23173
per cent per year.	23174

(H) "Cash" means United States currency, certified checks,	23175
money orders, bank drafts, or electronic transfer of funds, or	23176
other forms of payment authorized by the county treasurer, and	23177
excludes any other form of payment not so authorized.	23178

(I) "The date on which a tax certificate is sold," "the date	23179
the certificate was sold," "the date the certificate is	23180
purchased," and any other phrase of similar content mean, with	23181
respect to a sale pursuant to an auction under section 5721.32 of	23182
the Revised Code, the date designated by the county treasurer for	23183
the submission of bids and, with respect to a negotiated sale	23184
under section 5721.33 of the Revised Code, the date of delivery of	23185
the tax certificates to the purchasers thereof pursuant to a tax	23186
certificate sale/purchase agreement.	23187

(J) ~~"Purchaser of a tax certificate pursuant to section~~	23188
~~5721.32 of the Revised Code" means the winning bidder in an~~	23189
~~auction of a tax certificate held under section 5721.32 of the~~	23190
~~Revised Code.~~	23191

~~(K)~~ "Certificate interest period" means, with respect to a	23192
tax certificate sold under section 5721.32 or 5721.42 of the	23193
Revised Code and for the purpose of accruing interest under	23194
section 5721.41 of the Revised Code, the period beginning on the	23195
date on which the certificate is purchased and, with respect to a	23196
tax certificate sold under section 5721.33 of the Revised Code,	23197
the period beginning on the date of delivery of the tax	23198
certificate, and in either case ending on one of the following	23199
dates:	23200

(1) ~~In the case of foreclosure proceedings instituted under~~	23201
~~section 5721.37 of the Revised Code, the date the certificate~~	23202
~~holder submits a payment to the treasurer under division (B) of~~	23203
~~that section~~The date the certificate holder files a request for	23204
foreclosure or notice of intent to foreclose under division (A)	23205
of section 5721.37 of the Revised Code and submits the payment	23206
required under division (B) of that section;	23207

(2) ~~In the case of a certificate parcel redeemed under~~	23208
~~division (A) or (C) of section 5721.38 of the Revised Code, the~~	23209
The date the owner of record of the certificate parcel, or any	23210
other person entitled to redeem that parcel, ~~pays to the county~~	23211
~~treasurer or to the certificate holder, as applicable, the full~~	23212
~~amount determined under that section~~redeems the certificate	23213
parcel under division (A) or (C) of section 5721.38 of the Revised	23214
Code or redeems the certificate under section 5721.381 of the	23215
Revised Code.	23216

~~(L) "County treasurer" means, with respect to the sale of tax~~	23217
~~certificates under section 5721.32, or 5721.33 of the Revised~~	23218
~~Code, the county treasurer of a county having a population of at~~	23219
~~least two hundred thousand according to the then most recent~~	23220
~~federal decennial census.~~	23221

~~(M)~~(K) "Qualified trustee" means a trust company within the	23222
state or a bank having the power of a trust company within the	23223
state with a combined capital stock, surplus, and undivided	23224
profits of at least one hundred million dollars.	23225

~~(N)~~(L) "Tax certificate sale/purchase agreement" means the	23226
purchase and sale agreement described in division (C) of section	23227
5721.33 of the Revised Code setting forth the certificate purchase	23228
price, plus any applicable premium or less any applicable	23229
discount, including, without limitation, the amount to be paid in	23230
cash and the amount and nature of any noncash consideration, the	23231
date of delivery of the tax certificates, and the other terms and	23232
conditions of the sale, including, without limitation, the rate of	23233
interest that the tax certificates shall bear.	23234

~~(O)~~(M) "Noncash consideration" means any form of	23235
consideration other than cash, including, but not limited to,	23236
promissory notes whether subordinate or otherwise.	23237

~~(P)~~(N) "Private attorney" means ~~for purposes of section~~	23238
~~5721.37 of the Revised Code,~~ any attorney licensed to practice law	23239
in this state~~, whether practicing with a firm of attorneys or~~	23240
~~otherwise,~~ whose license has not been revoked ~~or otherwise~~and is	23241
not currently suspended, and who ~~brings~~is retained to bring	23242
foreclosure proceedings pursuant to section 5721.37 of the Revised	23243
Code on behalf of a certificate holder.	23244

~~(Q)~~(O) "Related certificate parcel" means, with respect to a	23245
certificate holder, the certificate parcel with respect to which	23246
the certificate holder has purchased and holds a tax certificate	23247
pursuant to sections 5721.30 to 5721.43 of the Revised Code and,	23248
with respect to a tax certificate, the certificate parcel against	23249
which the tax certificate has been sold pursuant to those	23250
sections.	23251

(P) "Delinquent taxes" means delinquent taxes as defined in	23252
section 323.01 of the Revised Code and includes assessments and	23253
charges, and penalties and interest computed under section 323.121	23254
of the Revised Code.	23255

Sec. 5721.31. (A)(1) After receipt of a duplicate of the	23256
delinquent land list compiled under section 5721.011 of the	23257
Revised Code, or a delinquent land list compiled previously under	23258
that section, ~~for a county having a population of at least two~~	23259
~~hundred thousand according to the most recent federal decennial~~	23260
~~census,~~ the county treasurer may select from the list parcels of	23261
delinquent land the lien against which the county treasurer may	23262
attempt to transfer by the sale of tax certificates under sections	23263
5721.30 to 5721.43 of the Revised Code. ~~The county treasurer may~~	23264
~~select only those eligible parcels~~None of the following parcels	23265
may be selected for a tax certificate sale:	23266

(a) A parcel for which the full amount of taxes, assessments,	23267
penalties, interest, and charges have ~~not yet~~ been paid or;	23268

(b) A parcel for which a valid ~~delinquent tax~~ contract under	23269
section 323.122, 323.31, or 5713.20 of the Revised Code is ~~not~~ in	23270
force;	23271

(c) A parcel the owner of which has filed a petition in	23272
bankruptcy, so long as the parcel is property of the bankruptcy	23273
estate. ~~Each certificate shall contain the same information as~~	23274
~~is required to be contained in the delinquent land list. The~~	23275

(2) The county treasurer shall compile a separate list~~, the~~	23276
~~list~~ of parcels selected for tax certificate sales, including the	23277
same information as is required to be included in the delinquent	23278
land list.	23279

Upon compiling the list of parcels selected for tax	23280
certificate sales, the county treasurer may conduct a title search	23281
for any parcel on the list.	23282

(B)(1) Except as otherwise provided in division (B)(3) of	23283
this section, when tax certificates are to be sold under section	23284
5721.32 of the Revised Code with respect to parcels, the county	23285
treasurer shall send written notice by certified ~~or registered~~	23286
mail to either the owner of record or all interested parties	23287
discoverable through a title search, or both, of each parcel on	23288
the list. A notice to an owner shall be sent to the owner's last	23289
known tax-mailing address. The notice shall inform the owner or	23290
interested parties that a tax certificate will be offered for sale	23291
on the parcel, and that the owner or interested parties may incur	23292
additional expenses as a result of the sale.	23293

(2) Except as otherwise provided in division (B)(3) of this	23294
section, when tax certificates are to be sold under section	23295
5721.33 of the Revised Code with respect to parcels, the county	23296
treasurer, at least thirty days prior to the date of sale of such	23297
tax certificates, shall send written notice of the sale by	23298
certified ~~or registered~~ mail~~, or both,~~ to the last known	23299
tax-mailing address of the record owner of the property or parcel	23300
and may send such notice to all parties with an interest in the	23301
property that has been recorded in the property records of the	23302
county pursuant to section 317.08 of the Revised Code. The notice	23303
shall state that a tax certificate will be offered for sale on the	23304
parcel, and that the owner or interested parties may incur	23305
additional expenses as a result of the sale.	23306

(3) The county treasurer is not required to send a notice	23307
under division (B)(1) or (B)(2) of this section if the treasurer	23308
previously has attempted to send such notice to the owner of the	23309
parcel and the notice has been returned by the post office as	23310
undeliverable. The absence of a valid tax-mailing address for the	23311
owner of a parcel does not preclude the county treasurer from	23312
selling a tax certificate for the parcel.	23313

(C) The county treasurer shall advertise the sale of tax	23314
certificates under section 5721.32 of the Revised Code in a	23315
newspaper of general circulation in the county, once a week for	23316
two consecutive weeks. The advertisement shall include the date,	23317
the time, and the place of the public auction, abbreviated legal	23318
descriptions of the parcels, and the names of the owners of record	23319
of the parcels. The advertisement also shall include the	23320
certificate purchase prices of the parcels or the total purchase	23321
price of tax certificates for sale in blocks of tax certificates.	23322

(D) After the county treasurer has compiled the list of	23323
parcels selected for tax certificate sales but before a tax	23324
certificate respecting a parcel is sold, if the owner of record of	23325
the parcel pays to the county treasurer in cash the ~~full amount of~~	23326
~~delinquent taxes, assessments, penalties, interest, and charges~~	23327
~~then due and payable or enters into a valid delinquent tax~~	23328
~~contract under section 323.31 of the Revised Code to pay that~~	23329
~~amount~~delinquent taxes respecting the parcel or otherwise acts so	23330
that any condition in division (A)(1)(a), (b), or (c) of this	23331
section applies to the parcel, the owner of record of the parcel	23332
also shall pay a fee in an amount prescribed by the treasurer to	23333
cover the administrative costs of the treasurer under this	23334
section respecting the parcel ~~and credited~~. The fee shall be	23335
deposited in the county treasury to the credit of the tax	23336
certificate administration fund.	23337

(E) A tax certificate administration fund shall be created in	23338
the county treasury of each county selling tax certificates under	23339
sections 5721.30 to 5721.43 of the Revised Code. The fund shall be	23340
administered by the county treasurer, and used solely for the	23341
purposes of sections 5721.30 to 5721.43 of the Revised Code. Any	23342
fee received by the treasurer under sections 5721.30 to 5721.43 of	23343
the Revised Code shall be credited to the fund, except the bidder	23344
registration fee under division (B) of section 5721.32 of the	23345
Revised Code and the county prosecuting attorney's fee under	23346
division (B)(3) of section 5721.37 of the Revised Code.	23347

(F) The county treasurers of more than one county may jointly	23348
conduct a regional sale of tax certificates under section 5721.32	23349
of the Revised Code. A regional sale shall be held at a single	23350
location in one county, where the tax certificates from each of	23351
the participating counties shall be offered for sale at public	23352
auction. Before the regional sale, each county treasurer shall	23353
advertise the sale for the parcels in the treasurer's county as	23354
required by division (C) of this section. At the regional sale,	23355
tax certificates shall be sold on parcels from one county at a	23356
time, with all of the certificates for one county offered for sale	23357
before any certificates for the next county are offered for sale.	23358

(G) The tax commissioner shall prescribe the form of the tax	23359
certificate under this section, and county treasurers shall use	23360
the form so prescribed ~~by the commissioner~~.	23361

Sec. 5721.32. (A) The sale of tax certificates by public	23362
auction may be conducted at any time after completion of the	23363
advertising of the sale under section 5721.31 of the Revised Code,	23364
on the date and at the time and place designated in the	23365
advertisements, and may be continued from time to time as the	23366
county treasurer directs. The county treasurer may offer the tax	23367
certificates for sale in blocks of tax certificates, consisting of	23368
any number of tax certificates as determined by the county	23369
treasurer.	23370

(B)(1) The sale of tax certificates under this section shall	23371
be conducted at a public auction by the county treasurer or a	23372
designee of the county treasurer.	23373

(2) No person shall be permitted to bid without completing a	23374
bidder registration form, in the form prescribed by the tax	23375
commissioner, and without filing the form with the county	23376
treasurer prior to the start of the auction, together with	23377
remittance of a registration fee, in cash, of five hundred	23378
dollars. The bidder registration form shall include a tax	23379
identification number of the registrant. The registration fee is	23380
refundable at the end of bidding on the day of the auction, unless	23381
the registrant is the winning bidder for one or more tax	23382
certificates or one or more blocks of tax certificates, in which	23383
case the fee may be applied toward the deposit required by this	23384
section.	23385

(3) The county treasurer may require a person who wishes to	23386
bid on one or more parcels to submit a letter from a financial	23387
institution stating that the bidder has sufficient funds available	23388
to pay the purchase price of the parcels and a written	23389
authorization for the treasurer to verify such information with	23390
the financial institution. The county treasurer may require	23391
submission of the letter and authorization sufficiently in advance	23392
of the auction to allow for verification. No person who fails to	23393
submit the required letter and authorization, or whose financial	23394
institution fails to provide the requested verification, shall be	23395
permitted to bid.	23396

(C) At the public auction, the county treasurer or the	23397
treasurer's designee or agent shall begin the bidding at eighteen	23398
per cent per year simple interest, and accept lower bids in even	23399
increments of one-fourth of one per cent to the rate of zero per	23400
cent. The county treasurer, designee, or agent shall award the tax	23401
certificate to the person bidding the lowest certificate rate of	23402
interest. The county treasurer shall decide which person is the	23403
winning bidder in the event of a tie for the lowest bid offered,	23404
or if a person contests the lowest bid offered. The county	23405
treasurer's decision is not appealable.	23406

(D)(1) The winning bidder shall pay the county treasurer a	23407
cash deposit of at least ten per cent of the certificate purchase	23408
price not later than the close of business on the day of the sale.	23409
The winning bidder shall pay the balance and the fee required	23410
under division (H) of this section not later than five business	23411
days after the day on which the certificate is sold. IfExcept as	23412
provided under division (D)(2) of this section, if the winning	23413
bidder fails to pay the balance and fee within the prescribed	23414
time, the bidder forfeits the deposit, and the county treasurer	23415
shall retain the tax certificate and may attempt to sell it at any	23416
auction conducted at a later date. ~~The~~	23417

(2) At the request of a winning bidder, the county treasurer	23418
may release the bidder from the bidder's tax certificate purchase	23419
obligation. The county treasurer may retain all or any portion of	23420
the deposit of a bidder granted a release. After granting a	23421
release under this division, the county treasurer may award the	23422
tax certificate to the person that submitted the second lowest bid	23423
at the auction.	23424

(3) The county treasurer shall deposit the ~~forfeited~~ deposit	23425
forfeited or retained under divisions (D)(1) or (2) of this	23426
section in the county treasury to the credit of the tax	23427
certificate administration fund.	23428

(E) Upon receipt of the full payment of the certificate	23429
purchase price from the purchaser, the county treasurer shall	23430
issue the tax certificate and record the tax certificate sale by	23431
~~marking on the tax certificate and~~entering into a tax certificate	23432
register, the certificate purchase price, the certificate rate of	23433
interest, the date the certificate was sold, ~~and~~ the name and	23434
address of the certificate holder, ~~which~~and any other information	23435
the county treasurer considers necessary. The county treasurer may	23436
keep the tax certificate register in a hard-copy format or in an	23437
electronic format. The name and address of the certificate holder	23438
may be, upon receipt of instructions from the purchaser, that of	23439
the secured party of the actual purchaser, or an agent or	23440
custodian for the purchaser or secured party. The county treasurer	23441
also shall transfer the tax certificate to the certificate holder	23442
~~and, upon presentation to the treasurer of instructions signed by~~	23443
~~the certificate purchaser, shall record in the tax certificate~~	23444
~~register the name and address of any secured party of the~~	23445
~~certificate purchaser having a security interest in the tax~~	23446
~~certificate. Upon the transfer of a tax certificate, the~~. The	23447
county treasurer shall apportion the part of the proceeds from the	23448
sale representing taxes, penalties, and interest among the several	23449
taxing districts in the same proportion that the amount of taxes	23450
levied by each district against the certificate parcel in the	23451
preceding tax year bears to the taxes levied by all such districts	23452
against the certificate parcel in the preceding tax year, and	23453
credit the part of the proceeds representing assessments and other	23454
charges to the items of assessments and charges in the order in	23455
which those items became due. Upon ~~completion of the sale of~~	23456
issuing a tax certificate, the delinquent taxes~~, assessments,~~	23457
~~penalties, and interest~~ that make up the certificate purchase	23458
price are transferred, and the superior lien of the state and its	23459
taxing districts for those delinquent taxes~~, assessments,~~	23460
~~penalties, and interest~~ is conveyed intact to the certificate	23461
holder.	23462

(F) If a tax certificate is offered for sale under this	23463
section but is not sold, the county treasurer may strike the	23464
corresponding certificate parcel from the list of parcels selected	23465
for tax certificate sales. The lien for taxes, assessments,	23466
charges, penalties, and interest against a parcel stricken from	23467
the list thereafter may be foreclosed in the manner prescribed by	23468
section 323.25, 5721.14, or 5721.18 of the Revised Code unless,	23469
prior to the institution of such proceedings against the parcel,	23470
the county treasurer restores the parcel to the list of parcels	23471
selected for tax certificate sales.	23472

(G) A certificate holder shall not be liable for damages	23473
arising from a violation of sections 3737.87 to 3737.891 or	23474
Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6109., or	23475
6111. of the Revised Code, or a rule adopted or order, permit,	23476
license, variance, or plan approval issued under any of those	23477
chapters, that is or was committed by another person in connection	23478
with the parcel for which the tax certificate is held.	23479

(H) When selling a tax certificate under this section, the	23480
county treasurer shall charge a fee to the purchaser of the	23481
certificate. The county treasurer shall set the fee at a	23482
reasonable amount that covers the treasurer's costs of	23483
administering the sale of the tax certificate. The county	23484
treasurer shall deposit the fee in the county treasury to the	23485
credit of the tax certificate administration fund.	23486

(I) After selling a tax certificate under this section, the	23487
county treasurer shall send written notice by certified or	23488
~~registered~~ mail to the owner of the certificate parcel at the	23489
owner's last known tax-mailing address. The notice shall inform	23490
the owner that the tax certificate was sold, shall describe the	23491
owner's options to redeem the parcel, including entering into a	23492
redemption payment plan under division (C)(1) of section 5721.38	23493
of the Revised Code, and shall name the certificate holder and its	23494
secured party, if any. However, the county treasurer is not	23495
required to send a notice under this division if the treasurer	23496
previously has attempted to send a notice to the owner of the	23497
parcel at the owner's last known tax-mailing address, and the	23498
postal service has returned the notice as undeliverable.	23499

(J) A tax certificate shall not be sold to the owner of the	23500
certificate parcel.	23501

Sec. 5721.33. (A) A county treasurer may, in the treasurer's	23502
discretion, negotiate the sale of any number of tax certificates	23503
with one or more persons~~, including~~. Terms that may be negotiated	23504
include, without limitation, any of the following:	23505

(1) A premium to be added to or discount to be subtracted	23506
from the certificate purchase price for the tax certificates ~~and~~	23507
~~any~~;	23508

(2) Different time frames under which the certificate holder	23509
may initiate a foreclosure action than are otherwise allowed under	23510
sections 5721.30 to 5721.43 of the Revised Code, not to exceed six	23511
years after the date the tax certificate was sold;	23512

(3) The amount to be paid in private attorney's fees related	23513
to tax certificate foreclosures, subject to section 5721.371 of	23514
the Revised Code;	23515

(4) Any other terms of the sale that the county treasurer, in	23516
the treasurer's discretion, determines appropriate or necessary	23517
for the sale.	23518

(B) The sale of tax certificates under this section shall be	23519
governed by the criteria established by the county treasurer	23520
pursuant to division (E) of this section.	23521

(C) The county treasurer may execute a tax certificate	23522
sale/purchase agreement and other necessary agreements with a	23523
designated purchaser or purchasers to complete a negotiated sale	23524
of tax certificates.	23525

(D) The tax certificate may be sold at a premium to or	23526
discount from the certificate purchase price. The county treasurer	23527
may establish as one of the terms of the negotiated sale the	23528
portion of the certificate purchase price, plus any applicable	23529
premium or less any applicable discount, that the purchaser or	23530
purchasers shall pay in cash on the date the tax certificates are	23531
sold and the portion, if any, of the certificate purchase price,	23532
plus any applicable premium or less any applicable discount, that	23533
the purchaser or purchasers shall pay in noncash consideration and	23534
the nature of that consideration.	23535

The county treasurer shall sell such tax certificates at a	23536
certificate purchase price, plus any applicable premium and less	23537
any applicable discount, and at a certificate rate of interest	23538
that, in the treasurer's determination, are in the best interests	23539
of the county.	23540

(E)(1) The county treasurer shall adopt rules governing the	23541
eligibility of persons to purchase tax certificates or to	23542
otherwise participate in a negotiated sale under this section. The	23543
rules may provide for precertification of such persons, including	23544
a requirement for disclosure of income, assets, and any other	23545
financial information the county treasurer determines appropriate.	23546
The rules also may prohibit any person that is delinquent in the	23547
payment of any tax to the county or to the state, or that is in	23548
default in or on any other obligation to the county or to the	23549
state, from purchasing a tax certificate or otherwise	23550
participating in a negotiated sale of tax certificates under this	23551
section. The eligibility information required shall include the	23552
tax identification number of the purchaser and may include the tax	23553
identification number of the participant. The county treasurer,	23554
upon request, shall provide a copy of the rules adopted under this	23555
section.	23556

(2) Any person that intends to purchase a tax certificate in	23557
a negotiated sale shall submit an affidavit to the county	23558
treasurer that establishes compliance with the applicable	23559
eligibility criteria and includes any other information required	23560
by the treasurer. Any person that fails to submit such an	23561
affidavit is ineligible to purchase a tax certificate. Any person	23562
that knowingly submits a false or misleading affidavit shall	23563
forfeit any tax certificate or certificates purchased by the	23564
person at a sale for which the affidavit was submitted, shall be	23565
liable for payment of the full certificate purchase price, plus	23566
any applicable premium and less any applicable discount, of the	23567
tax certificate or certificates, and shall be disqualified from	23568
participating in any tax certificate sale conducted in the county	23569
during the next five years.	23570

(3) A tax certificate shall not be sold to the owner of the	23571
certificate parcel or to any corporation, partnership, or	23572
association in which such owner has an interest. No person that	23573
purchases a tax certificate in a negotiated sale shall assign or	23574
transfer the tax certificate to the owner of the certificate	23575
parcel or to any corporation, partnership, or association in which	23576
the owner has an interest. Any person that knowingly or	23577
negligently transfers or assigns a tax certificate to the owner of	23578
the certificate parcel or to any corporation, partnership, or	23579
association in which such owner has an interest shall be liable	23580
for payment of the full certificate purchase price, plus any	23581
applicable premium and less any applicable discount, and shall not	23582
be entitled to a refund of any amount paid. Such tax certificate	23583
shall be deemed void and the tax lien sold under the tax	23584
certificate shall revert to the county as if no sale of the tax	23585
certificate had occurred.	23586

(F) The purchaser in a negotiated sale under this section	23587
shall deliver the certificate purchase price, plus any applicable	23588
premium and less any applicable discount and including any noncash	23589
consideration, to the county treasurer not later than the close of	23590
business on the date the tax certificates are delivered to the	23591
purchaser. The certificate purchase price, ~~plus any applicable~~	23592
~~premium and~~ less any applicable discount, or portion of the price,	23593
that is paid in cash shall be deposited in the county's general	23594
fund to the credit of the account to which ad valorem real	23595
property taxes are credited and further credited as provided in	23596
division (G) of this section. Any applicable premium that is paid	23597
shall be, at the discretion of the county treasurer, apportioned	23598
to and deposited in any authorized county fund. The purchaser also	23599
shall pay on the date the tax certificates are delivered to the	23600
purchaser the fee, if any, negotiated under division (J) of this	23601
section. If the purchaser fails to pay the certificate purchase	23602
price, plus any applicable premium and less any applicable	23603
discount, and any such fee, within the time periods required by	23604
this section, the county treasurer shall retain the tax	23605
certificate and may attempt to sell it at any auction or	23606
negotiated sale conducted at a later date.	23607

(G) Upon receipt of the full payment from the purchaser of	23608
the certificate purchase price, plus any applicable premium and	23609
less any applicable discount, and the negotiated fee, if any, ~~from~~	23610
~~the purchaser,~~ the county treasurer, or a qualified trustee whom	23611
the treasurer has engaged for such purpose, shall issue the tax	23612
certificate and record the tax certificate sale by ~~marking on each~~	23613
~~of the tax certificates sold or, if issued in book-entry form, on~~	23614
~~the global tax certificate, and marking~~entering into a tax	23615
certificate register, the certificate purchase price, any premium	23616
paid or discount taken, the certificate rate of interest, the date	23617
the certificates were sold, ~~and~~ the name and address of the	23618
certificate holder or, in the case of issuance of the tax	23619
certificates in a book-entry system, the name and address of the	23620
nominee, ~~which~~and any other information the county treasurer	23621
considers necessary. The county treasurer may keep the tax	23622
certificate register in a hard-copy format or an electronic	23623
format. The name and address of the certificate holder or nominee	23624
may be, upon receipt of instructions from the purchaser, that of	23625
the secured party of the actual purchaser, or an agent or	23626
custodian for the purchaser or secured party. The county treasurer	23627
also shall transfer the tax certificates to the certificate holder	23628
~~and, upon presentation to the treasurer of instructions signed by~~	23629
~~the certificate purchaser or purchasers, shall record in the tax~~	23630
~~certificate register the name and address of any secured party of~~	23631
~~the certificate purchaser or purchasers having a security interest~~	23632
~~in the tax certificate. Upon the transfer of the tax certificates,~~	23633
~~the~~. The county treasurer shall apportion the part of the cash	23634
proceeds from the sale representing taxes, penalties, and interest	23635
among the several taxing districts in the same proportion that the	23636
amount of taxes levied by each district against the certificate	23637
parcels in the preceding tax year bears to the taxes levied by all	23638
such districts against the certificate parcels in the preceding	23639
tax year, and credit the part of the proceeds representing	23640
assessments and other charges to the items of assessments and	23641
charges in the order in which those items became due. If the cash	23642
proceeds from the sale are not sufficient to fully satisfy the	23643
items of ~~outstanding delinquent~~ taxes, assessments, penalties,	23644
interest, and charges on the certificate parcels against which tax	23645
certificates were sold, the county treasurer shall credit the cash	23646
proceeds to such items pro rata based upon the proportion that	23647
each item of ~~delinquent~~ taxes, assessments, penalties, interest,	23648
and charges bears to the aggregate of all such items, or by any	23649
other method that the county treasurer, in the treasurer's sole	23650
discretion, determines is equitable. Upon ~~completion of the sale~~	23651
ofissuing the tax certificates, the delinquent taxes,	23652
~~assessments, penalties, and interest~~ that make up the certificate	23653
purchase price are transferred, and the superior lien of the	23654
state and its taxing districts for those delinquent taxes,	23655
~~assessments, penalties, and interest~~ is conveyed intact to the	23656
certificate holder or holders.	23657

(H) If a tax certificate is offered for sale under this	23658
section but is not sold, the county treasurer may strike the	23659
corresponding certificate parcel from the list of parcels selected	23660
for tax certificate sales. The lien for taxes, assessments,	23661
charges, penalties, and interest against a parcel stricken from	23662
the list thereafter may be foreclosed in the manner prescribed by	23663
section 323.25, 5721.14, or 5721.18 of the Revised Code unless,	23664
prior to the institution of such proceedings against the parcel,	23665
the county treasurer restores the parcel to the list of parcels	23666
selected for tax certificate sales.	23667

(I) Neither a certificate holder nor its secured party, if	23668
any, shall be liable for damages arising from a violation of	23669
sections 3737.87 to 3737.891 or Chapter 3704., 3734., 3745.,	23670
3746., 3750., 3751., 3752., 6109., or 6111. of the Revised Code,	23671
or a rule adopted or order, permit, license, variance, or plan	23672
approval issued under any of those chapters, that is or was	23673
committed by another person in connection with the parcel for	23674
which the tax certificate is held.	23675

(J) When selling a tax certificate under this section, the	23676
county treasurer may negotiate with the purchaser of the	23677
certificate for ~~a fee~~fees paid by the purchaser to the county	23678
treasurer to reimburse the treasurer for any part or all of the	23679
treasurer's costs of preparing for and administering the sale of	23680
the tax certificate and any fees set forth by the county treasurer	23681
in the tax certificate sale/purchase agreement. Such ~~fee~~fees, if	23682
any, shall be added to the certificate purchase price ~~of the~~	23683
~~certificate~~ and shall be paid by the purchaser on the date of	23684
delivery of the tax certificate. The county treasurer shall	23685
deposit the ~~fee~~fees in the county treasury to the credit of the	23686
tax certificate administration fund.	23687

(K) After selling tax certificates under this section, the	23688
county treasurer shall send written notice by certified or	23689
~~registered~~ mail to the last known tax-mailing address of the owner	23690
of the certificate parcel. The notice shall inform the owner that	23691
a tax certificate with respect to such owner's parcel was sold and	23692
shall describe the owner's options to redeem the parcel, including	23693
entering into a redemption payment plan under division (C)(2) of	23694
section 5721.38 of the Revised Code. However, the county treasurer	23695
is not required to send a notice under this division if the	23696
treasurer previously has attempted to send a notice to the owner	23697
of the parcel at the owner's last known tax-mailing address and	23698
the postal service has returned the notice as undeliverable.	23699

Sec. 5721.34. (A) A county treasurer shall not sell any tax	23700
certificate respecting a parcel of delinquent land ~~upon which the~~	23701
~~full amount of delinquent taxes, assessments, penalties, interest,~~	23702
~~charges, and costs then due and payable have been paid, or with~~	23703
~~respect~~ to which ~~a valid delinquent tax contract under~~any of	23704
divisions (A)(1)(a) to (c) of section ~~323.31~~5721.31 of the	23705
Revised Code ~~to pay that amount has been entered into, prior to~~	23706
~~the sale of the certificate by the county treasurer~~apply. A	23707
certificate sold in violation of this section is void.	23708

(B) If the county treasurer discovers or determines that ~~the~~	23709
a certificate is void ~~under division (A) of this section~~for any	23710
reason, the holder of the void certificate is entitled to a refund	23711
of the certificate purchase price, plus any applicable premium and	23712
less any applicable discount, and the fee charged by the treasurer	23713
under division (H) of section 5721.32 or division (J) of section	23714
5721.33 of the Revised Code, if any, as applicable. If the county	23715
treasurer makes the discovery or determination more than ~~sixty~~	23716
ninety days after the certificate's date of sale, the holder also	23717
is entitled to interest on the certificate purchase price at the	23718
rate of five per cent per year. The interest shall be calculated	23719
from the first day of the month following the month in which the	23720
certificate was sold, to the first day of the month in which the	23721
county treasurer makes the discovery or determination. The county	23722
treasurer shall notify the certificate holder by ordinary first	23723
class or certified mail or by binary means that the certificate is	23724
void and shall issue the refund. The county auditor shall issue a	23725
warrant for the portion of the refund from the undivided tax fund,	23726
which portion consists of the certificate purchase price, plus	23727
any applicable premium and less any applicable discount; the	23728
portion of the refund consisting of interest and the treasurer's	23729
fee, if any, shall be paid from the tax certificate administration	23730
fund.	23731

(C) With respect to a tax certificate ~~sold under section~~	23732
~~5721.32 of the Revised Code and~~ found to be void under division	23733
(A) or (B) of this section, ~~in addition to the remedies available~~	23734
~~under division (B) of this section,~~ the county treasurer may, with	23735
the approval of the certificate holder, substitute for such tax	23736
certificate ~~or portion thereof~~ another tax certificate that has a	23737
~~value~~certificate purchase price equivalent to the ~~value~~	23738
certificate purchase price of the tax certificate found to be	23739
void. In addition, the substitute tax certificate shall be for a	23740
parcel concerning which the county treasurer has taken action	23741
under divisions (A), (B), and (C) of section 5721.31 of the	23742
Revised Code, but with respect to which a tax certificate has not	23743
been sold, and that has a true value, as determined by the county	23744
auditor, that is equivalent to the true value of the parcel for	23745
which the tax certificate has been found to be void. Whenever a	23746
tax certificate ~~of equivalent value~~ is to be substituted for a tax	23747
certificate that has been found to be void, the county treasurer	23748
shall provide ~~written~~ notice of the intention to substitute a tax	23749
certificate ~~of equivalent value~~ to any person required to be	23750
notified under division (I) of section 5721.32 or division (K) of	23751
section 5721.33 of the Revised Code.	23752

(D) If an application for the exemption from and remission of	23753
taxes made under section 3735.67 or 5715.27 of the Revised Code,	23754
or under any other section of the Revised Code under the	23755
jurisdiction of the director of environmental protection, is	23756
granted for a parcel for which a tax certificate has been sold,	23757
the county treasurer shall refund to the certificate holder, in	23758
the manner provided in this section, the amount of any taxes	23759
exempted or remitted that were included in the certificate	23760
purchase price. If the whole amount of the taxes included in the	23761
certificate purchase price are exempted or remitted, the tax	23762
certificate is void. If all of the taxes that were included in the	23763
certificate purchase price are not exempted or remitted, the	23764
county treasurer shall adjust the tax certificate register to	23765
reflect the remaining amount of taxes that were not exempted or	23766
remitted, and notify the certificate holder of the adjustment in	23767
writing.	23768

Sec. 5721.35. (A) Upon the sale and delivery of a tax	23769
certificate, the tax certificate vests in the certificate holder	23770
the first lien previously held by the state and its taxing	23771
districts under section 5721.10 of the Revised Code for the amount	23772
of taxes, assessments, interest, and penalty charged against a	23773
certificate parcel, superior to all other liens and encumbrances	23774
upon the parcel described in the tax certificate, in the amount of	23775
the certificate redemption price, except liens for delinquent	23776
taxes~~, assessments, penalties, interest, charges, and costs~~ that	23777
attached to the certificate parcel prior to the attachment of the	23778
lien being conveyed by the sale of such tax certificate. With	23779
respect to the priority as among such first liens of the state and	23780
its taxing districts for different years, the priority shall be	23781
determined by the date such first liens of the state and its	23782
taxing districts attached pursuant to section 323.11 of the	23783
Revised Code, with first priority to the earliest attached lien	23784
and each immediately subsequent priority based upon the next	23785
earliest attached lien.	23786

(B)(1) A certificate holder or the county treasurer may	23787
record the tax certificate or memorandum thereof in the office of	23788
the county recorder of the county in which the certificate parcel	23789
is situated, as a mortgage of land under division (A)(2) of	23790
section 317.08 of the Revised Code. The county recorder shall	23791
index the certificate in the indexes provided for under section	23792
317.18 of the Revised Code. If the lien is subsequently canceled,	23793
the cancellation also shall be recorded by the county recorder.	23794

(2) Notwithstanding Chapter 1309., Title LIII, or any other	23795
provision of the Revised Code, a secured party holding a security	23796
interest in a tax certificate or memorandum thereof may perfect	23797
that security interest only by one of the following methods:	23798

(a) Possession;

23799

(b) Registering the tax certificate with the county treasurer	23800
in the name of the secured party, or its agent or custodian, as	23801
certificate holder;	23802

(c) Recording the name of the secured party in the tax	23803
certificate register in the office of the county treasurer of the	23804
county in which the certificate parcel is situated.	23805

Sec. 5721.36. (A)(1) Except as otherwise provided in	23806
division (A)(2) of this section, the purchaser of a tax	23807
certificate sold as part of a block sale pursuant to section	23808
5721.32 of the Revised Code may transfer the certificate to any	23809
person, and any other purchaser of a tax certificate pursuant to	23810
section 5721.32 or 5721.33 of the Revised Code may transfer the	23811
certificate to any person, except the owner of the certificate	23812
parcel or any corporation, partnership, or association in which	23813
such owner has an interest. The transferee of a tax certificate	23814
subsequently may transfer the certificate to any other person to	23815
whom the purchaser could have transferred the certificate. The	23816
transferor of a tax certificate shall endorse the certificate and	23817
shall swear to the endorsement before a notary public or other	23818
officer empowered to administer oaths. The transferee shall	23819
present the endorsed certificate and a notarized copy of a valid	23820
form of identification showing the transferee's taxpayer	23821
identification number to the county treasurer of the county where	23822
the certificate is registered, who shall, upon payment of a fee of	23823
twenty dollars to cover the costs associated with the transfer of	23824
a tax certificate, enter upon the register of certificate holders	23825
opposite the certificate entry the name and address of the	23826
transferee, the date of entry, and, upon presentation to the	23827
treasurer of instructions signed by the transferee, the name and	23828
address of any secured party of the transferee having an interest	23829
in the tax certificate. The treasurer shall deposit the fee in the	23830
county treasury to the credit of the tax certificate	23831
administration fund.	23832

Except as otherwise provided in division (A)(2) of this	23833
section, no request for foreclosure or notice of intent to	23834
foreclose, as the case may be, shall be filed by any person other	23835
than the person shown on the tax certificate register to be the	23836
certificate holder or a private attorney for that person properly	23837
authorized to act in that person's behalf.	23838

(2) Upon registration of a security interest with the county	23839
treasurer ~~as provided in section 5721.32 or 5721.33 of the Revised~~	23840
~~Code~~, both of the following apply:	23841

(a) No purchaser or transferee of a tax certificate may	23842
transfer that tax certificate except upon presentation to the	23843
treasurer of instructions signed by the secured party authorizing	23844
such action.	23845

(b) Only the secured party may issue a request for	23846
foreclosure or notice of intent to foreclose concerning that tax	23847
certificate.	23848

(B)(1) Application may be made to the county treasurer for a	23849
duplicate certificate if a certificate is alleged by affidavit to	23850
have been lost or destroyed. The treasurer shall issue a duplicate	23851
certificate, upon payment of a fee of twenty dollars to cover the	23852
costs of issuing the duplicate certificate. The treasurer shall	23853
deposit the fee in the county treasury to the credit of the tax	23854
certificate administration fund.	23855

(2) The duplicate certificate shall be plainly marked or	23856
stamped "duplicate."	23857

(3) The treasurer shall enter the fact of the duplicate in	23858
the tax certificate register ~~of certificate holders~~.	23859

Sec. 5721.37. (A)(1) With respect to a tax certificate	23860
purchased under section 5721.32 of the Revised Code, or under	23861
section 5721.42 of the Revised Code ~~in counties to which~~by the	23862
holder of a certificate issued under section 5721.32 of the	23863
Revised Code ~~applies~~, at any time after one year from the date	23864
shown on the tax certificate as the date the tax certificate was	23865
sold, and not later than three years after that date, the	23866
certificate holder may file with the county treasurer a request	23867
for foreclosure, or a private attorney on behalf of the	23868
certificate holder may file with the county treasurer a notice of	23869
intent to foreclose, on a form prescribed by the tax commissioner	23870
~~and provided by the county treasurer~~, provided the certificate	23871
parcel has not ~~yet~~ been redeemed under division (A) or (C) of	23872
section 5721.38 of the Revised Code and at least one certificate	23873
respecting the certificate parcel, held by the certificate holder	23874
filing the request for foreclosure or notice of intent to	23875
foreclose and eligible to be enforced through a foreclosure	23876
proceeding, has not been voided under section 5721.381 of the	23877
Revised Code.	23878

(2) With respect to a tax certificate purchased under section	23879
5721.33 of the Revised Code, or under section 5721.42 of the	23880
Revised Code ~~in counties to which~~by the holder of a certificate	23881
issued under section 5721.33 of the Revised Code ~~applies~~, at any	23882
time after one year from the date shown on the tax certificate as	23883
the date the tax certificate was sold, and not later than six	23884
years after that date or any extension of that date pursuant to	23885
division (C)(2) of section 5721.38 of the Revised Code, or not	23886
earlier or later than the dates negotiated by the county treasurer	23887
and specified in the tax certificate sale/purchase agreement, the	23888
certificate holder may file with the county treasurer a request	23889
for foreclosure, or a private attorney on behalf of the	23890
certificate holder may file with the county treasurer a notice of	23891
intent to foreclose, on a form prescribed by the tax commissioner	23892
~~and provided by the county treasurer~~, provided the parcel has not	23893
~~yet~~ been redeemed under division (A) or (C) of section 5721.38 of	23894
the Revised Code and at least one certificate respecting the	23895
certificate parcel, held by the certificate holder filing the	23896
request for foreclosure or notice of intent to foreclose and	23897
eligible to be enforced through a foreclosure proceeding, has not	23898
been voided under section 5721.381 of the Revised Code.	23899

(3)(a) With respect to a tax certificate purchased under	23900
section 5721.32 of the Revised Code, or under section 5721.42 of	23901
the Revised Code ~~in counties to which~~by the holder of a	23902
certificate issued under section 5721.32 of the Revised Code	23903
~~applies~~, if, before the expiration of three years after the date a	23904
tax certificate was sold, the owner of the property for which the	23905
certificate was sold files a petition in bankruptcy, the county	23906
treasurer, upon being notified of the filing of the petition,	23907
shall notify the certificate holder by ordinary first-class or	23908
certified mail or by binary means of the filing of the petition.	23909
~~If the owner of the property files a petition in bankruptcy, the~~	23910
It is the obligation of the certificate holder to file a proof of	23911
claim with the bankruptcy court to protect the holder's interest	23912
in the certificate parcel. The last day on which the certificate	23913
holder may file a request for foreclosure or the private	23914
attorney may file a notice of intent to foreclose is the later	23915
of three years after the date the certificate was sold or one	23916
hundred eighty days after the ~~bankruptcy case is closed~~	23917
certificate parcel is no longer property of the bankruptcy	23918
estate; however, the three-year period ~~being~~ measured from the	23919
date ~~that~~ the certificate was sold is tolled while the ~~owner of~~	23920
~~the property's petition in bankruptcy is being heard and~~property	23921
owner's bankruptcy case remains open.	23922

(b) With respect to a tax certificate purchased under section	23923
5721.33 of the Revised Code, or under section 5721.42 of the	23924
Revised Code ~~in counties to which~~by the holder of a certificate	23925
issued under section 5721.33 of the Revised Code ~~applies~~, if,	23926
before ~~the expiration of~~ six years after the date a tax	23927
certificate was sold or before the date negotiated by the county	23928
treasurer, the owner of the property files a petition in	23929
bankruptcy, the county treasurer, upon being notified of the	23930
filing of the petition, shall notify the certificate holder by	23931
ordinary first-class or certified mail or by binary means of the	23932
filing of the petition. ~~If the owner of the property files a~~	23933
~~petition in bankruptcy, the~~It is the obligation of the	23934
certificate holder to file a proof of claim with the bankruptcy	23935
court to protect the holder's interest in the certificate parcel.	23936
The last day on which the certificate holder may file a notice of	23937
intent to foreclose is the later of six years after the date ~~that~~	23938
the tax certificate was sold or the date negotiated by the county	23939
treasurer, or one hundred eighty days after the ~~bankruptcy case~~	23940
~~is closed~~certificate parcel is no longer property of the	23941
bankruptcy estate; however, the six-year or negotiated period	23942
being measured after the date ~~that~~ the certificate was sold is	23943
tolled while the ~~owner of the property's petition in bankruptcy~~	23944
~~is being heard and~~property owner's bankruptcy case remains open.	23945

(c) Interest at the certificate rate of interest continues to	23946
accrue during any extension of time required by division (A)(3)(a)	23947
or (b) of this section unless otherwise provided under Title 11 of	23948
the United States Code.	23949

(4) If, before the expiration of three years from the date a	23950
tax certificate was sold, the owner of property for which the	23951
certificate was sold applies for an exemption under section	23952
3735.67 or 5715.27 of the Revised Code or under any other section	23953
of the Revised Code under the jurisdiction of the director of	23954
environmental protection, the county treasurer shall notify the	23955
certificate holder by ordinary first-class or certified mail or by	23956
binary means of the filing of the application. Once a	23957
determination has been made on the exemption application, the	23958
county treasurer shall notify the certificate holder of the	23959
determination by ordinary first-class or certified mail or by	23960
binary means. The last day on which the certificate holder may	23961
file a request for foreclosure shall be the later of three years	23962
from the date the certificate was sold or forty-five days after	23963
notice of the determination was ~~mailed~~provided.	23964

(B) ~~Along with~~When a request for foreclosure or a notice of	23965
intent to foreclose is filed under division (A)(1) or (2) of this	23966
section~~, or a notice of intent to foreclose filed under division~~	23967
~~(A)(2) of this section and prior to the transfer of title in~~	23968
~~connection with foreclosure proceedings filed under division (F)~~	23969
~~of this section~~, the certificate holder shall submit a payment	23970
to the county treasurer equal to the sum of the following:	23971

(1) The certificate redemption prices of all outstanding tax	23972
certificates that have been sold on the parcel, other than tax	23973
certificates held by the person requesting foreclosure;	23974

(2) Any ~~delinquent~~ taxes, assessments, penalties, interest,	23975
and charges ~~that are~~appearing on the tax duplicate charged	23976
against the certificate parcel that is the subject of the	23977
foreclosure proceedings and that are not covered by a tax	23978
certificate;	23979

(3) If the foreclosure proceedings are filed by the county	23980
prosecuting attorney pursuant to section 323.25, 5721.14, or	23981
5721.18 of the Revised Code, a fee in the amount prescribed by the	23982
county prosecuting attorney to cover the prosecuting attorney's	23983
legal costs incurred in the foreclosure proceeding;	23984

~~(4) If the foreclosure proceedings are filed by a private~~	23985
~~attorney on behalf of the certificate holder pursuant to division~~	23986
~~(F) of this section, any other prior liens~~.	23987

(C)(1) With respect to a certificate purchased under section	23988
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	23989
certificate parcel has not been redeemed and at least one	23990
certificate respecting the certificate parcel, held by the	23991
certificate holder filing the request for foreclosure and	23992
eligible to be enforced through a foreclosure proceeding, has not	23993
been voided under section 5721.381 of the Revised Code, the	23994
county treasurer, within five days after receiving a foreclosure	23995
request and the payment required under division (B) of this	23996
section, shall ~~inform~~certify notice to that effect to the county	23997
prosecuting attorney ~~that the parcel has not been redeemed~~ and	23998
shall provide a copy of the foreclosure request. The county	23999
treasurer also shall send notice by ordinary first class or	24000
certified mail to all certificate holders other than the	24001
certificate holder requesting foreclosure that foreclosure has	24002
been requested by a certificate holder and that payment for the	24003
tax certificates ~~for the certificate parcel may be redeemed~~is	24004
forthcoming. Within ninety days of receiving the copy of the	24005
foreclosure request, the prosecuting attorney shall commence a	24006
foreclosure proceeding in the name of the county treasurer in the	24007
manner provided under section 323.25, 5721.14, or 5721.18 of the	24008
Revised Code, to ~~foreclose~~enforce the lien vested in the	24009
certificate holder by the certificate. The prosecuting attorney	24010
shall attach to the complaint the foreclosure request and the	24011
county treasurer's written certification ~~that the parcel has not~~	24012
~~been redeemed~~.	24013

(2) With respect to a certificate purchased under section	24014
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	24015
certificate parcel has not been redeemed ~~and~~, at least one	24016
certificate respecting the certificate parcel, held by the	24017
certificate holder filing the notice of intent to foreclose and	24018
eligible to be enforced through a foreclosure proceeding, has not	24019
been voided under section 5721.381 of the Revised Code, a notice	24020
of intent to foreclose has been filed, and the payment required	24021
under division (B) of this section has been made, the county	24022
treasurer shall ~~provide certification~~certify notice to that	24023
effect to the private attorney ~~that the parcel has not been~~	24024
~~redeemed~~. The county treasurer also shall send notice by ordinary	24025
first class or certified mail or by binary means to all	24026
certificate holders other than the certificate holder represented	24027
by the attorney that a notice of intent to foreclose has been	24028
filed and that payment for the tax certificates ~~for the~~	24029
~~certificate parcel may be redeemed~~is forthcoming. After receipt	24030
of ~~that~~the treasurer's certification and not later than one	24031
hundred twenty days after the filing of the intent to foreclose	24032
or the number of days specified under the terms of a negotiated	24033
sale under section 5721.33 of the Revised Code, the private	24034
attorney ~~may~~shall commence a foreclosure proceeding in the name	24035
of the certificate holder in the manner provided under division	24036
(F) of this section, to ~~foreclose~~enforce the lien vested in the	24037
certificate holder by the certificate. The private attorney shall	24038
attach to the complaint the notice of intent to foreclose and the	24039
county treasurer's written certification ~~that the parcel has not~~	24040
~~been redeemed~~.	24041

(D) The county treasurer shall credit the amount received	24042
under division (B)(1) of this section to the tax certificate	24043
redemption fund. The tax certificates respecting the payment shall	24044
be ~~redeemed~~paid as provided in division ~~(E)~~(D) of section 5721.38	24045
of the Revised Code. The amount received under division (B)(2) of	24046
this section shall be distributed to the taxing districts to which	24047
the ~~delinquencies~~delinquent and unpaid amounts are owed. The	24048
county treasurer shall deposit the fee received under division	24049
(B)(3) of this section in the county treasury to the credit of	24050
the delinquent tax and assessment collection fund. ~~The amount~~	24051
~~received under division (B)(4) of this section shall be~~	24052
~~distributed to the holder of the prior lien.~~	24053

(E)(1) If, in the case of a certificate purchased under	24054
section 5721.32 ~~or 5721.42~~ of the Revised Code, or under section	24055
5721.42 of the Revised Code by the holder of a certificate issued	24056
under section 5721.32 of the Revised Code, the certificate holder	24057
does not file with the county treasurer a request for foreclosure	24058
or a notice of intent to foreclose ~~along~~ with the required payment	24059
within three years after the date shown on the tax certificate as	24060
the date the certificate was sold or within the period provided	24061
under division (A)(3)(a) of this section, and during that ~~period~~	24062
time the certificate has not been voided under section 5721.381 of	24063
the Revised Code and the parcel ishas not been redeemed or	24064
foreclosed upon, the certificate holder's lien against the parcel	24065
~~for the certificate redemption price~~ is canceled, and the	24066
certificate is voided.	24067

(2)(a) If, in the case of a certificate purchased under	24068
section 5721.33 of the Revised Code, or under section 5721.42 of	24069
the Revised Code by the holder of a certificate issued under	24070
section 5721.33 of the Revised Code, the certificate holder does	24071
not file with the county treasurer a request for foreclosure or a	24072
notice of intent to foreclose with respect to a certificate parcel	24073
with the required payment within six years after the date shown	24074
on the tax certificate as the date the certificate was sold or	24075
any extension of that date pursuant to division (C)(2) of section	24076
5721.38 of the Revised Code, or within the period provided under	24077
division (A)(3)(b) of this section or as specified under the	24078
terms of a negotiated sale under section 5721.33 of the Revised	24079
Code, and during that ~~period~~time the ~~parcel is not redeemed~~	24080
certificate has not been voided under section 5721.381 of the	24081
Revised Code and the certificate parcel has not been redeemed or	24082
foreclosed upon, the certificate holder's lien against the parcel	24083
~~for the amount of delinquent taxes, assessments, penalties,~~	24084
~~interest, and charges that make up the certificate purchase~~	24085
~~price~~ is canceled and the certificate is voided, subject to	24086
division (E)(2)(b) of this section.	24087

(b) In the case of any tax certificate purchased under	24088
section 5721.33 of the Revised Code prior to October 10, 2000, the	24089
county treasurer, upon application by the certificate holder, may	24090
sell to the certificate holder a new certificate extending the	24091
three-year period prescribed by division (E)(2) of this section,	24092
as that division existed prior to October 10, 2000, to six years	24093
after the date shown on the original certificate as the date it	24094
was sold or any extension of that date. The county treasurer and	24095
the certificate holder shall negotiate the premium, in cash, to be	24096
paid for the new certificate sold under this section. If the	24097
county treasurer and certificate holder do not negotiate a	24098
mutually acceptable premium, the county treasurer and certificate	24099
holder may agree to engage a person experienced in the valuation	24100
of financial assets to appraise a fair premium for the new	24101
certificate. The certificate holder has the option to purchase the	24102
new certificate for the fair premium so appraised. Not less than	24103
one-half of the fee of the person so engaged shall be paid by the	24104
certificate holder requesting the new certificate; the remainder	24105
of the fee shall be paid from the proceeds of the sale of the new	24106
certificate. If the certificate holder does not purchase the new	24107
certificate for the premium so appraised, the certificate holder	24108
shall pay the entire fee. The county treasurer shall credit the	24109
remaining proceeds from the sale to the items of taxes,	24110
assessments, penalties, interest, and charges in the order in	24111
which they became due.	24112

A certificate issued under this division vests in the	24113
certificate holder and its secured party, if any, the same rights,	24114
interests, privileges, and immunities as are vested by the	24115
original certificate under sections 5721.30 to 5721.43 of the	24116
Revised Code, except that interest payable under division (B) of	24117
section 5721.38 or division ~~(B)~~(D)(2) of section 5721.39 of the	24118
Revised Code shall be subject to the amendments to those divisions	24119
by Sub. H.B. 533 of the 123rd general assembly. The certificate	24120
shall be issued in the same form as the form prescribed for the	24121
original certificate issued except for any modifications	24122
necessary, in the county treasurer's discretion, to reflect the	24123
extension under this division of the certificate holder's lien to	24124
six years after the date shown on the original certificate as the	24125
date it was sold or any extension of that date. The certificate	24126
holder may record a certificate issued under division (E)(2)(b) of	24127
this section or memorandum thereof as provided in division (B) of	24128
section 5721.35 of the Revised Code, and the county recorder shall	24129
index the certificate and record any subsequent cancellation of	24130
the lien as provided in that section. The sale of a certificate	24131
extending the lien under division (E)(2)(b) of this section does	24132
not impair the right of redemption of the owner of record of the	24133
certificate parcel or of any other person entitled to redeem the	24134
property.	24135

(3) If the holder of a certificate purchased under section	24136
5721.32, 5721.33, or 5721.42 of the Revised Code submits a notice	24137
of intent to foreclose to the county treasurer but fails to file a	24138
foreclosure action in a court of competent jurisdiction within the	24139
time specified in division (C)(2) of this section, the liens	24140
represented by all tax certificates respecting the certificate	24141
parcel held by that certificate holder, and for which the deadline	24142
for filing a notice of intent to foreclose has passed, are	24143
canceled and the certificates voided, and the certificate holder	24144
forfeits the payment of the amounts described in division (B)(2)	24145
of this section.	24146

(F) With respect to tax certificates purchased under section	24147
5721.32, 5721.33, or 5721.42 of the Revised Code, upon the	24148
delivery to the ~~certificate holder~~private attorney by the county	24149
treasurer of the certification provided for under division (C)(2)	24150
of this section, athe private attorney ~~may~~shall institute a	24151
foreclosure proceeding under this division in the name of the	24152
certificate holder to ~~foreclose such~~enforce the holder's lien, in	24153
any court with jurisdiction, unless the certificate redemption	24154
price is paid prior to the time a complaint is filed. The	24155
attorney shall prosecute the proceeding to final judgment and	24156
satisfaction, whether through sale of the property or the vesting	24157
of title and possession in the certificate holder.	24158

The foreclosure proceedings under this division, except as	24159
otherwise provided in this division, shall be instituted and	24160
prosecuted in the same manner as is provided by law for the	24161
foreclosure of mortgages on land, except that, if service by	24162
publication is necessary, such publication shall be made once a	24163
week for three consecutive weeks and the service shall be complete	24164
at the expiration of three weeks after the date of the first	24165
publication.	24166

Any notice given under this division shall include the name	24167
of the owner of the parcel as last set forth in the records of the	24168
county recorder, the owner's last known mailing address, the	24169
address of the subject parcel if different from that of the owner,	24170
and a complete legal description of the subject parcel. In any	24171
county that has adopted a permanent parcel number system, such	24172
notice may include the permanent parcel number in addition to a	24173
complete legal description.	24174

It is sufficient, having been made a proper party to the	24175
foreclosure proceeding, for the certificate holder to allege in	24176
such holder's complaint that the tax certificate has been duly	24177
purchased by the certificate holder, that the certificate	24178
redemption price ~~appearing to be due and unpaid~~ is due and unpaid,	24179
and that there is a lien against the property described in the tax	24180
certificate, without setting forth in such holder's complaint any	24181
other special matter relating to the foreclosure proceeding. The	24182
~~prayer of the complaint shall be that the court issue an order~~	24183
~~that the property be sold by the sheriff or, if the action is in~~	24184
~~the municipal court, by the bailiff,~~complaint shall pray for an	24185
order directing the sheriff, or the bailiff if the complaint is	24186
filed in municipal court, to offer the property for sale in the	24187
manner provided in section 5721.19 of the Revised Code, unless the	24188
complaint ~~includes an appraisal by an independent appraiser~~	24189
~~acceptable to~~documents that the ~~court~~county auditor has	24190
determined that the true value of the certificate parcel is less	24191
than the certificate purchase price. In that case, the prayer of	24192
the complaint shall berequest that fee simple title to the	24193
property be transferred to and vested in the certificate holder	24194
free and clear of all subordinate liens.	24195

In the foreclosure proceeding, the certificate holder may	24196
join in one action any number of tax certificates relating to the	24197
same owner~~, provided that all parties on each of the tax~~	24198
~~certificates are identical as to name and priority of interest~~.	24199
However, the decree for each tax certificate shall be rendered	24200
separately and any proceeding may be severed, in the discretion of	24201
the court, for the purpose of trial or appeal. ~~The~~Upon	24202
confirmation of sale, the court shall order payment of all costs	24203
related directly or indirectly to ~~the redemption of~~ the tax	24204
certificate, including, without limitation, attorney's fees of the	24205
holder's attorney~~, as is considered proper~~in accordance with	24206
section 5721.371 of the Revised Code. The tax certificate	24207
purchased by the certificate holder is presumptive evidence in all	24208
courts and in all proceedings, including, without limitation, at	24209
the trial of the foreclosure action, of the amount and validity of	24210
the taxes, assessments, charges, penalties by the court and added	24211
to such principal amount, and interest appearing due and unpaid	24212
and of their nonpayment.	24213

(G) ~~For the purposes of this section, "prior liens" means~~	24214
~~liens that are prior in right to the lien with respect to the tax~~	24215
~~certificate that is the subject of the foreclosure proceedings.~~	24216

~~(H)~~ If a parcel is sold under this section, the officer who	24217
conducted the sale shall collect the recording fee from the	24218
purchaser at the time of the sale and, following confirmation of	24219
the sale, shall prepare and record the deed conveying the title to	24220
the parcel to the purchaser.	24221

Sec. 5721.371. Private attorney's fees payable with respect	24222
to an action under sections 5721.30 to 5721.46 of the Revised Code	24223
are subject to the following conditions:	24224

(A) The fees must be reasonable.

24225

(B) Fees exceeding two thousand five hundred dollars shall be	24226
paid only if authorized by a court order.	24227

(C) The terms of a sale negotiated under section 5721.33 of	24228
the Revised Code may include the amount to be paid in private	24229
attorney's fees, subject to division (B) of this section.	24230

Sec. 5721.38. (A) At any time prior to payment to the county	24231
treasurer by the certificate holder to initiate foreclosure	24232
proceedings under division (B) of section 5721.37 of the Revised	24233
Code, the owner of record of the certificate parcel, or any other	24234
person entitled to redeem that parcel, may redeem the parcel by	24235
paying to the county treasurer an amount equal to the total of the	24236
certificate redemption prices of all tax certificates respecting	24237
that parcel.	24238

(B) At any time after payment to the county treasurer by the	24239
certificate holder to initiate foreclosure proceedings under	24240
section 5721.37 of the Revised Code and prior to the filing of the	24241
entry of confirmation of sale of a certificate parcel under	24242
foreclosure proceedings filed by the county prosecuting attorney	24243
or prior to the decree conveying title to the certificate holder	24244
as provided for in division (F) of section 5721.37 of the Revised	24245
Code, the owner of record of the certificate parcel or any other	24246
person entitled to redeem that parcel may redeem the parcel by	24247
paying to the county treasurer the sum of the following amounts:	24248

(1) The amount described in division (A) of this section;

24249

(2) Interest on the certificate purchase price for each tax	24250
certificate sold respecting the parcel at the rate of eighteen per	24251
cent per year for the period beginning on the day on which the	24252
payment was submitted by the certificate holder and ending on the	24253
day the parcel is redeemed under this division~~, except that such~~	24254
~~interest shall not accrue for more than three years after the day~~	24255
~~the certificate was purchased if the certificate holder did not~~	24256
~~submit payment under division (B) of section 5721.37 of the~~	24257
~~Revised Code before the end of that three-year period~~;	24258

(3) An amount equal to the sum of the county prosecuting	24259
attorney's fee under division (B)(3) of section 5721.37 of the	24260
Revised Code ~~if the tax certificate was purchased under section~~	24261
~~5721.32 or 5721.42 of the Revised Code~~plus interest on that	24262
amount at the rate of eighteen per cent per year beginning on the	24263
day on which the payment was submitted by the certificate holder	24264
and ending on the day the parcel is redeemed under this division.	24265
If the parcel is redeemed before the complaint has been filed,	24266
the prosecuting attorney shall adjust the fee to reflect services	24267
performed to the date of redemption, and the county treasurer	24268
shall calculate the interest based on the adjusted fee and refund	24269
any excess fee to the certificate holder.	24270

(4) Reasonable attorney's fees in accordance with section	24271
5721.371 of the Revised Code if the certificate holder retained a	24272
private attorney to foreclose the lien;	24273

(5) Any other costs and fees of the proceeding allocable to	24274
the certificate parcel as determined by the court. ~~Upon~~	24275

The county treasurer may collect the total amount due under	24276
divisions (B)(1) to (5) of this section in the form of guaranteed	24277
funds acceptable to the treasurer. Immediately upon receipt of	24278
such payments, the county treasurer shall ~~refund the payment made~~	24279
byreimburse the certificate holder ~~to initiate~~who initiated	24280
foreclosure proceedings as provided in division (D) of this	24281
section. The county treasurer shall pay the certificate holder	24282
interest at the rate of eighteen per cent per year on amounts	24283
paid under divisions (B)(2) and (3) of section 5721.37 of the	24284
Revised Code, beginning on the day the certificate holder paid	24285
the amounts under those divisions and ending on the day the	24286
parcel is redeemed under this section.	24287

(C)(1) During the period beginning on the date a tax	24288
certificate is sold under section 5721.32 of the Revised Code and	24289
ending one year from that date, the county treasurer may enter	24290
into a redemption payment plan with the owner of record of the	24291
certificate parcel or any other person entitled to redeem that	24292
parcel. The plan shall require the owner or other person to pay	24293
the certificate redemption price for the tax certificate in	24294
installments, with the final installment due no later than one	24295
year after the date the tax certificate is sold. The certificate	24296
holder may at any time, by written notice to the county treasurer,	24297
agree to accept installments collected to the date of notice as	24298
payment in full. Receipt of such notice by the treasurer shall	24299
constitute satisfaction of the payment plan and redemption of the	24300
tax certificate.	24301

(2) During the period beginning on the date a tax certificate	24302
is sold under section 5721.33 of the Revised Code and ending on	24303
the date the decree is rendered on the foreclosure proceeding	24304
under division (F) of section 5721.37 of the Revised Code, the	24305
owner of record of the certificate parcel, or any other person	24306
entitled to redeem that parcel, may enter into a redemption	24307
payment plan with the certificate holder and all secured parties	24308
of the certificate holder. The plan shall require the owner or	24309
other person to pay the certificate redemption price for the tax	24310
certificate, an administrative fee not to exceed one hundred	24311
dollars per year, and the actual fees and costs incurred, in	24312
installments, with the final installment due no later than ~~three~~	24313
six years after the date the tax certificate is sold. The	24314
certificate holder shall give written notice of the plan to the	24315
applicable county treasurer within sixty days after entering into	24316
the plan and written notice of default under the plan within	24317
ninety days after the default. If such a plan is entered into, the	24318
time period for filing a request for foreclosure or a notice of	24319
intent to foreclose under section 5721.37 of the Revised Code is	24320
extended by the length of time the plan is in effect and not in	24321
default.	24322

(D)(1) Immediately upon receipt of full payment under	24323
division (A) or (B) of this section, the county treasurer shall	24324
make an entry to that effect in the tax certificate register,	24325
credit the payment to the tax certificate redemption fund created	24326
in the county treasury, and shall notify ~~each~~the certificate	24327
holder or holders by ordinary first class or certified mail,	24328
~~return receipt requested,~~or by binary means that the parcel has	24329
been redeemed and the lien or liens canceled, and that ~~the tax~~	24330
~~certificates may be redeemed. The county treasurer shall deposit~~	24331
~~into the tax certificate redemption fund created in the county~~	24332
~~treasury an amount equal to the total of the certificate~~	24333
~~redemption prices, together with interest on the certificate~~	24334
~~purchase price for each tax certificate sold respecting the parcel~~	24335
~~at the rate of eighteen per cent per year paid under division (B)~~	24336
~~of this section for the period beginning when the payment was~~	24337
~~submitted by the certificate holder under division (B) of section~~	24338
~~5721.37 of the Revised Code and ending when the parcel was~~	24339
~~redeemed. The~~payment on the certificate or certificates is	24340
forthcoming. The treasurer shall pay the tax certificate holder	24341
or holders promptly.	24342

The county treasurer shall administer the tax certificate	24343
redemption fund for the purpose of redeeming tax certificates.	24344
Interest earned on the fund shall be credited to the county	24345
general fund.	24346

(2) If a redemption payment plan is entered into pursuant to	24347
division (C)(1) of this section, the county treasurer immediately	24348
shall notify each certificate holder by ordinary first class or	24349
certified mail~~, return receipt requested,~~or by binary means of	24350
the terms of the plan. Installment payments made pursuant to the	24351
plan shall be deposited in the tax certificate redemption fund.	24352
Any overpayment of the installments shall be refunded to the	24353
person responsible for causing the overpayment if the person	24354
applies for a refund under this section. If the person responsible	24355
for causing the overpayment fails to apply for a refund under this	24356
section within five years from the date the plan is satisfied, an	24357
amount equal to the overpayment shall be deposited into the	24358
general fund of the county.	24359

Upon satisfaction of the plan, the county treasurer shall	24360
indicate in the tax certificate register that the plan has been	24361
satisfied, and shall notify each certificate holder by ordinary	24362
first class or certified mail~~, return receipt requested,~~or by	24363
binary means that the plan has been satisfied and that ~~tax~~	24364
~~certificates may be redeemed~~payment on the certificate or	24365
certificates is forthcoming. The treasurer shall pay each	24366
certificate holder promptly.	24367

If a redemption payment plan becomes void, the county	24368
treasurer ~~immediately~~ shall notify each certificate holder by	24369
ordinary first class or certified mail~~, return receipt requested~~	24370
or by binary means. If a certificate holder files a request for	24371
foreclosure under section 5721.37 of the Revised Code, upon the	24372
filing of the request for foreclosure, any money paid under the	24373
plan shall be refunded to the person that paid the money under	24374
the plan.	24375

~~(E) To redeem a tax certificate with respect to which payment~~	24376
~~has been made in full under division (A), (B), or (C)(1) of this~~	24377
~~section or division (B)(1) of section 5721.37 of the Revised~~	24378
~~Code, the certificate holder shall present the tax certificate to~~	24379
~~the county treasurer, who shall prepare the redemption~~	24380
~~information. Upon presentation, the county auditor shall draw a~~	24381
~~warrant on the tax certificate redemption fund in the amount of~~	24382
~~the certificate redemption price and any applicable interest~~	24383
~~payable at the rate of eighteen per cent annually on the~~	24384
~~certificate under division (B) of this section. For a parcel that~~	24385
~~was redeemed under division (B) of this section, the certificate~~	24386
~~holder who paid the amounts under division (B) of section 5721.37~~	24387
~~of the Revised Code shall be reimbursed for those amounts,~~	24388
~~together with interest at the rate of eighteen per cent per year~~	24389
~~on the amount paid under division (B)(1) of that section for the~~	24390
~~period beginning when the payment was submitted by the~~	24391
~~certificate holder under division (B) of that section and ending~~	24392
~~when the parcel was redeemed. The treasurer shall mark all copies~~	24393
~~of the tax certificate "redeemed" and return the certificate to~~	24394
~~the certificate holder. The canceled certificate shall serve as~~	24395
~~a receipt evidencing redemption of the tax certificate. If a~~	24396
~~certificate holder fails to redeem a tax certificate within five~~	24397
~~years after notice is served under division (D) of this section~~	24398
~~that tax certificates may be redeemed, an amount equal to the~~	24399
~~certificate redemption price and any applicable interest payable~~	24400
~~at the rate of eighteen per cent annually on the certificate under~~	24401
~~division (B) of this section shall be deposited into the general~~	24402
~~fund of the county.~~	24403

(3) Upon receipt of the payment required under division	24404
(B)(1) of section 5721.37 of the Revised Code, the treasurer shall	24405
pay all other certificate holders and indicate in the tax	24406
certificate register that such certificates have been satisfied.	24407

Sec. 5721.381. (A) At any time prior to payment to the county	24408
treasurer by a certificate holder to initiate foreclosure	24409
proceedings under division (B) of section 5721.37 of the Revised	24410
Code, the owner of record of the certificate parcel or any other	24411
person entitled to redeem that parcel may pay the county treasurer	24412
the certificate redemption price for the tax certificate with the	24413
oldest lien against the parcel. Such a payment cancels that lien	24414
and voids the certificate. Upon receipt of the payment, the	24415
county treasurer shall make an entry to that effect in the tax	24416
certificate register, shall deposit the payment to the credit of	24417
the tax certificate redemption fund, and shall notify the	24418
certificate holder by ordinary first class or certified mail or by	24419
binary means that the lien has been canceled and that payment on	24420
the certificate is forthcoming. The treasurer shall pay the	24421
holder of that certificate promptly.	24422

(B) A person who makes a payment to the county treasurer	24423
under division (A) of this section for the tax certificate with	24424
the oldest lien may make additional payments under that division	24425
for other tax certificates related to the parcel, in priority	24426
order based on the earliest date of attachment of the liens.	24427

(C) A property owner or other person shall make, and the	24428
county treasurer shall accept and apply, payments under this	24429
section only in priority order based on the earliest date of	24430
attachment of the liens.	24431

Sec. 5721.39. (A) In its judgment of foreclosure rendered	24432
~~with respect to~~in actions filed pursuant to section 5721.37 of	24433
the Revised Code, the court shall enter a finding that includes	24434
all of the following with respect to the certificate parcel of	24435
~~the~~:	24436

(1) The amount of the sum of the certificate redemption	24437
prices ~~respecting~~for all the tax certificates sold against the	24438
parcel; ~~interest~~	24439

(2) Interest on the certificate purchase prices of ~~those~~all	24440
certificates at the rate of eighteen per cent per year for the	24441
period beginning on the day on which the payment was submitted by	24442
the certificate holder under division (B) of section 5721.37 of	24443
the Revised Code;	24444

(3) The amount paid under division (B)(2) of section	24445
5721.37 of the Revised Code, plus interest at the rate of eighteen	24446
per cent per year for the period beginning on the day the	24447
certificate holder filed a request for foreclosure or a notice of	24448
intent to foreclose under division (A) of that section; ~~any~~	24449

(4) Any delinquent taxes~~, assessments, penalties, interest,~~	24450
~~and charges~~ on the parcel that are not covered by a ~~tax~~	24451
~~certificate~~payment under division (B)(2) of section 5721.37 of	24452
the Revised Code; ~~and fees~~	24453

(5) Fees and costs incurred in the foreclosure proceeding	24454
instituted against the parcel, including, without limitation, the	24455
fees and costs of the prosecuting attorney represented by the fee	24456
paid under division (B)(3) of section 5721.37 of the Revised Code,	24457
plus interest as provided in division (D)(2)(d) of this section,	24458
or the fees and costs of the private attorney representing the	24459
certificate holder, and charges paid or incurred in procuring	24460
title searches and abstracting services relative to the subject	24461
premises. ~~The~~	24462

(B) The court may order the certificate parcel to be sold,	24463
without appraisal and as set forth in the prayer of the complaint,	24464
for not less than the amount of its finding, or, in the event ~~that~~	24465
~~the court finds~~ that the true value of the certificate parcel as	24466
determined by the county auditor is less than the certificate	24467
~~purchase~~redemption price, the court may, as prayed for in the	24468
complaint, issue a decree transferring fee simple title free and	24469
clear of all subordinate liens to the certificate holder. A decree	24470
of the court transferring fee simple title to the certificate	24471
holder is forever a bar to all rights of redemption with respect	24472
to the certificate parcel.	24473

(C) Each certificate parcel shall be advertised and sold by	24474
the officer to whom the order of sale is directed in the manner	24475
provided by law for the sale of real property on execution. The	24476
advertisement for sale of certificate parcels shall be published	24477
once a week for three consecutive weeks and shall include the date	24478
on which a second sale will be conducted if no bid is accepted at	24479
the first sale. Any number of parcels may be included in one	24480
advertisement.	24481

Whenever the officer charged to conduct the sale offers a	24482
certificate parcel for sale and no bids are made equal to at least	24483
the amount of the court's finding, the officer shall adjourn the	24484
sale of the parcel to the second date that was specified in the	24485
advertisement of sale. The second sale shall be held at the same	24486
place and commence at the same time as set forth in the	24487
advertisement of sale. The officer shall offer any parcel not sold	24488
at the first sale. Upon the conclusion of any sale, or if any	24489
parcel remains unsold after being offered at two sales, the	24490
officer conducting the sale shall report the results to the court.	24491

(D) Upon the confirmation of a sale, the proceeds of the sale	24492
shall be applied as follows:	24493

~~(A)~~(1) The fees and costs incurred in the proceeding filed	24494
against the parcel pursuant to section 5721.37 of the Revised Code	24495
~~, not including~~shall be paid first, including attorney's fees of	24496
the certificate holder's attorney payable under division (F) of	24497
that section, or the county prosecutor's costs covered by the fee	24498
paid by the certificate holder under division (B)(3) of that	24499
section~~, shall be paid first~~.	24500

~~(B)~~(2) Following the payment required by division ~~(A)~~(D)(1)	24501
of this section, the certificate holder that ~~requested the~~	24502
~~foreclosure~~filed the notice of intent to foreclose or request for	24503
foreclosure with the county treasurer shall be paid the sum of the	24504
following amounts:	24505

~~(1)~~(a) The sum of the amount found due for the certificate	24506
redemption prices of all the tax certificates~~, other than those~~	24507
~~certificates described in division (B)(1) of section 5721.37 of~~	24508
~~the Revised Code,~~ that are sold against the parcel ~~to the~~	24509
~~certificate holder requesting a notice of foreclosure~~;	24510

~~(2)~~(b) Any premium paid by the certificate holder at the time	24511
of purchase;	24512

~~(3)~~(c) Interest on the amounts paid by the certificate holder	24513
under division (B)(1) of section 5721.37 of the Revised Code at	24514
the rate of eighteen per cent per year beginning on the day on	24515
which the payment was submitted by the certificate holder to the	24516
county treasurer and ending on the day immediately preceding the	24517
day on which the proceeds of the foreclosure sale are paid to the	24518
certificate holder;	24519

~~(4)~~(d) Interest on the amounts paid by the certificate holder	24520
under divisions (B)(2) and (3) of section 5721.37 of the Revised	24521
Code at the rate of eighteen per cent per year beginning on the	24522
day on which the payment was submitted by the certificate holder	24523
under divisions (B)(2) and (3) of that section ~~5721.37 of the~~	24524
~~Revised Code~~ and ending on the day immediately preceding the day	24525
on which the proceeds of the foreclosure sale are paid to the	24526
certificate holder pursuant to this section, except that such	24527
interest shall not accrue for more than three years if the	24528
certificate was sold under section 5721.32 of the Revised Code,	24529
or under section 5721.42 of the Revised Code by the holder of a	24530
certificate issued under section 5721.32 of the Revised Code, or	24531
more than six years if the certificate was sold under section	24532
5721.33 of the Revised Code, or under section 5721.42 of the	24533
Revised Code by the holder of a certificate issued under section	24534
5721.33 of the Revised Code, after the day the amounts were paid	24535
by the certificate holder under divisions (B)(2) and (3) of	24536
section 5721.37 of the Revised Code ~~if the certificate holder did~~	24537
~~not submit that payment before the end of that six-year period~~;	24538

~~(5)~~(e) The amounts paid by the certificate holder under	24539
divisions (B)(1), (2), and (3) of section 5721.37 of the Revised	24540
Code.	24541

~~(C)~~(3) Following the payment required by division ~~(B)~~(D)(2)	24542
of this section, any amount due for taxes, assessments, charges,	24543
penalties, and interest not covered by the tax certificate	24544
holder's payment under division (B)(2) of section 5721.37 of the	24545
Revised Code shall be paid, including all taxes, assessments,	24546
charges, penalties, and interest payable subsequent to the entry	24547
of the finding and prior to the transfer of the deed of the parcel	24548
to the purchaser following confirmation of sale. If the proceeds	24549
available for distribution pursuant to this division are	24550
insufficient to pay the entire amount of those taxes, assessments,	24551
charges, penalties, and interest, the proceeds shall be paid to	24552
each claimant in proportion to the amount of those taxes,	24553
assessments, charges, penalties, and interest that each is due,	24554
and those taxes, assessments, charges, penalties, and interest are	24555
deemed satisfied and shall be removed from the tax list and	24556
duplicate.	24557

(4) Any residue of money from proceeds of the sale shall be	24558
disposed of as prescribed by section 5721.20 of the Revised Code.	24559

(E) Unless the parcel previously was redeemed pursuant to	24560
section 5721.25 or 5721.38 of the Revised Code, upon the filing of	24561
the entry of confirmation of sale, the title to the parcel is	24562
incontestable in the purchaser and is free and clear of all liens	24563
and encumbrances, except a federal tax lien, notice of which lien	24564
is properly filed in accordance with section 317.09 of the Revised	24565
Code prior to the date that a foreclosure proceeding is instituted	24566
pursuant to section 5721.37 of the Revised Code, and which lien	24567
was foreclosed in accordance with 28 U.S.C.A. 2410(c), and except	24568
for the easements and covenants of record running with the land or	24569
lots that were created prior to the time the taxes or assessments,	24570
for the nonpayment of which a tax certificate was issued and the	24571
parcel sold at foreclosure, became due and payable.	24572

The title shall not be invalid because of any irregularity,	24573
informality, or omission of any proceedings under this chapter or	24574
in any processes of taxation, if such irregularity, informality,	24575
or omission does not abrogate the provision for notice to holders	24576
of title, lien, or mortgage to, or other interests in, such	24577
foreclosed parcels, as prescribed in this chapter.	24578

Sec. 5721.40. If any tax certificate parcel is twice offered	24579
for sale pursuant to section 5721.39 of the Revised Code and	24580
remains unsold for want of bidders, the officer who conducted the	24581
sales shall certify to the court that the parcel remains unsold	24582
after two sales. The court, by entry, shall order the parcel	24583
forfeited to the certificate holder who filed the request for	24584
foreclosure or notice of intent to foreclose under section 5721.37	24585
of the Revised Code. The clerk of the court shall certify copies	24586
of the court's order to the county treasurer. The county treasurer	24587
shall notify the certificate holder by ordinary and certified	24588
mail, return receipt requested, that the parcel remains unsold,	24589
and shall instruct the certificate holder of the manner in which	24590
the holder shall obtain the deed to the parcel. The officer who	24591
conducted the sales shall prepare and record the deed conveying	24592
title to the parcel to the certificate holder.	24593

Upon transfer of the deed to the certificate holder under	24594
this section, all right, title, claim, and interest in the	24595
certificate parcel are transferred to and vested in the	24596
certificate holder. The title to the parcel is incontestable in	24597
the certificate holder and is free and clear of all liens and	24598
encumbrances, except the following:	24599

(A) A federal tax lien, notice of which was properly filed in	24600
accordance with section 317.09 of the Revised Code prior to the	24601
date that the foreclosure proceeding was instituted under section	24602
5721.37 of the Revised Code and which was foreclosed in accordance	24603
with 28 U.S.C. 2410(c);	24604

(B) Easements and covenants of record running with the land	24605
that were created prior to the time the taxes or assessments, for	24606
the nonpayment of which a tax certificate was issued, became due	24607
and payable.	24608

Sec. 5721.41. ~~Interest~~All interest required under sections	24609
5721.30 to 5721.43 of the Revised Code is simple interest, to be	24610
calculated on a principal amount and not compounded on earned	24611
interest. The interest charged shall equal one-twelfth of the	24612
annual interest rate multiplied by the principal amount. Interest	24613
charges under those sections shall accrue on a monthly basis, on	24614
the first day of the month following the beginning of the period	24615
during which interest accrues and on the first day of each	24616
subsequent month. Notwithstanding the preceding sentence, the six	24617
per cent charge described in division (E)(1)(b) of section	24618
5721.30 of the Revised Code shall apply even if the tax	24619
certificate is redeemed before the first day of the month	24620
following the date that the certificate is purchased.	24621

Sec. 5721.42. ~~Not less than sixty nor more than ninety days~~	24622
~~following the date set by~~After the settlement required under	24623
division (C) of section ~~323.12 or 323.17~~321.24 of the Revised	24624
Code ~~for the payment of the second installment of current taxes~~,	24625
the county treasurer shall notify the certificate holder of the	24626
most recently issued tax certificate, by ordinary first class or	24627
certified mail or by binary means, that the certificate holder	24628
may ~~pay~~purchase a subsequent tax certificate by paying all	24629
delinquent taxes~~, assessments, penalties, interest, and charges~~ on	24630
the related certificate parcel, the lien against which has not	24631
been transferred by the sale of a tax certificate. During the	24632
thirty days after receiving the notice, the certificate holder	24633
possesses the exclusive right to purchase the subsequent tax	24634
certificate by paying those amounts to the county treasurer. The	24635
amount of the payment shall constitute a separate lien against	24636
the certificate parcel that shall be evidenced by the issuance	24637
by the treasurer to the certificate holder of an additional tax	24638
certificate with respect to the delinquent taxes~~, assessments,~~	24639
~~penalties, interest, and fees~~ so paid on the related certificate	24640
parcel. The amount of the payment as set forth in the tax	24641
certificate shall earn interest at the rate of eighteen per cent	24642
per year.	24643

Sec. 5721.43. (A) NoWithout the prior written consent of the	24644
county treasurer, no person shall directly, through an agent, or	24645
otherwise, initiate contact with the owner of a parcel with	24646
respect to which the person holds a tax certificate to encourage	24647
or demand payment before one year has elapsed following the	24648
purchase of the certificate.	24649

(B) A county treasurer may bar any person who violates	24650
division (A) of this section from bidding at a tax certificate	24651
sale conducted by the treasurer.	24652

(C)(1) The attorney general or county prosecuting attorney,	24653
upon written request of a county treasurer, shall bring an action	24654
for an injunction against any person who has violated, is	24655
violating, or is threatening to violate division (A) of this	24656
section.	24657

(2) Any person who violates division (A) of this section	24658
shall be assessed a civil penalty of not more than five thousand	24659
dollars for each offense to be paid into the state treasury to the	24660
credit of the general revenue fund. Upon written request of a	24661
county treasurer, the attorney general or county prosecuting	24662
attorney shall commence an action against any such violator. Any	24663
action under this division is a civil action, governed by the	24664
Rules of Civil Procedure and other rules of practice and procedure	24665
applicable to civil actions.	24666

Sec. 5727.84. (A) As used in this section and sections	24667
5727.85, 5727.86, and 5727.87 of the Revised Code:	24668

(1) "School district" means a city, local, or exempted	24669
village school district.	24670

(2) "Joint vocational school district" means a joint	24671
vocational school district created under section 3311.16 of the	24672
Revised Code, and includes a cooperative education school district	24673
created under section 3311.52 or 3311.521 of the Revised Code and	24674
a county school financing district created under section 3311.50	24675
of the Revised Code.	24676

(3) "Local taxing unit" means a subdivision or taxing unit,	24677
as defined in section 5705.01 of the Revised Code, a park district	24678
created under Chapter 1545. of the Revised Code, or a township	24679
park district established under section 511.23 of the Revised	24680
Code, but excludes school districts and joint vocational school	24681
districts.	24682

(4) "State education aid," for a school district, means the	24683
sum of state aid amounts computed for the district under	24684
divisions (A), (C)(1), (C)(4), (D), (E), and (F) of section	24685
3317.022; divisions (B), (C), and (D) of section 3317.023;	24686
divisions (G), (L), and (N) of section 3317.024; and sections	24687
3317.029, 3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and	24688
3317.053 of the Revised Code; and the adjustments required by:	24689
division (C) of section 3310.08; division (C)(2) of section	24690
3310.41; division (C) of section 3314.08; division (D)(2) of	24691
section 3314.091; division (D) of section 3314.13; divisions (E),	24692
(K), (L), (M), and (N)~~, and (O)~~ of section 3317.023; division	24693
(C) of section 3317.20; and sections 3313.979 and 3313.981 of	24694
the Revised Code. However, when calculating state education aid	24695
for a school district for fiscal years 2008 and 2009, include	24696
the amount computed for the district under Section 269.20.80	24697
of H.B. 119 of the 127th general assembly, as subsequently	24698
amended, instead of division (D) of section 3317.022 of the	24699
Revised Code; include amounts calculated under Section	24700
269.30.80 of this act, as subsequently amended; and account for	24701
adjustments under division (C)(2) of section 3310.41 of the	24702
Revised Code.	24703

(5) "State education aid," for a joint vocational school	24704
district, means the sum of the state aid amounts computed for the	24705
district under division (N) of section 3317.024 and section	24706
3317.16 of the Revised Code. However, when calculating state	24707
education aid for a joint vocational school district for fiscal	24708
years 2008 and 2009, include the amount computed for the district	24709
under Section 269.30.90 of H.B. 119 of the 127th general	24710
assembly, as subsequently amended.	24711

(6) "State education aid offset" means the amount determined	24712
for each school district or joint vocational school district under	24713
division (A)(1) of section 5727.85 of the Revised Code.	24714

(7) "Recognized valuation" has the same meaning as in section	24715
3317.02 of the Revised Code.	24716

(8) "Electric company tax value loss" means the amount	24717
determined under division (D) of this section.	24718

(9) "Natural gas company tax value loss" means the amount	24719
determined under division (E) of this section.	24720

(10) "Tax value loss" means the sum of the electric company	24721
tax value loss and the natural gas company tax value loss.	24722

(11) "Fixed-rate levy" means any tax levied on property other	24723
than a fixed-sum levy.	24724

(12) "Fixed-rate levy loss" means the amount determined under	24725
division (G) of this section.	24726

(13) "Fixed-sum levy" means a tax levied on property at	24727
whatever rate is required to produce a specified amount of tax	24728
money or levied in excess of the ten-mill limitation to pay debt	24729
charges, and includes school district emergency levies imposed	24730
pursuant to section 5705.194 of the Revised Code.	24731

(14) "Fixed-sum levy loss" means the amount determined under	24732
division (H) of this section.	24733

(15) "Consumer price index" means the consumer price index	24734
(all items, all urban consumers) prepared by the bureau of labor	24735
statistics of the United States department of labor.	24736

(B) The kilowatt-hour tax receipts fund is hereby created in	24737
the state treasury and shall consist of money arising from the tax	24738
imposed by section 5727.81 of the Revised Code. All money in the	24739
kilowatt-hour tax receipts fund shall be credited as follows:	24740

(1) Sixty-three per cent shall be credited to the general	24741
revenue fund.	24742

(2) Twenty-five and four-tenths per cent shall be credited to	24743
the school district property tax replacement fund, which is hereby	24744
created in the state treasury for the purpose of making the	24745
payments described in section 5727.85 of the Revised Code.	24746

(3) Eleven and six-tenths per cent shall be credited to the	24747
local government property tax replacement fund, which is hereby	24748
created in the state treasury for the purpose of making the	24749
payments described in section 5727.86 of the Revised Code.	24750

(C) The natural gas tax receipts fund is hereby created in	24751
the state treasury and shall consist of money arising from the tax	24752
imposed by section 5727.811 of the Revised Code. All money in the	24753
fund shall be credited as follows:	24754

(1) Sixty-eight and seven-tenths per cent shall be credited	24755
to the school district property tax replacement fund for the	24756
purpose of making the payments described in section 5727.85 of the	24757
Revised Code.	24758

(2) Thirty-one and three-tenths per cent shall be credited to	24759
the local government property tax replacement fund for the purpose	24760
of making the payments described in section 5727.86 of the Revised	24761
Code.	24762

(D) Not later than January 1, 2002, the tax commissioner	24763
shall determine for each taxing district its electric company tax	24764
value loss, which is the sum of the applicable amounts described	24765
in divisions (D)(1) to (4) of this section:	24766

(1) The difference obtained by subtracting the amount	24767
described in division (D)(1)(b) from the amount described in	24768
division (D)(1)(a) of this section.	24769

(a) The value of electric company and rural electric company	24770
tangible personal property as assessed by the tax commissioner for	24771
tax year 1998 on a preliminary assessment, or an amended	24772
preliminary assessment if issued prior to March 1, 1999, and as	24773
apportioned to the taxing district for tax year 1998;	24774

(b) The value of electric company and rural electric company	24775
tangible personal property as assessed by the tax commissioner for	24776
tax year 1998 had the property been apportioned to the taxing	24777
district for tax year 2001, and assessed at the rates in effect	24778
for tax year 2001.	24779

(2) The difference obtained by subtracting the amount	24780
described in division (D)(2)(b) from the amount described in	24781
division (D)(2)(a) of this section.	24782

(a) The three-year average for tax years 1996, 1997, and 1998	24783
of the assessed value from nuclear fuel materials and assemblies	24784
assessed against a person under Chapter 5711. of the Revised Code	24785
from the leasing of them to an electric company for those	24786
respective tax years, as reflected in the preliminary assessments;	24787

(b) The three-year average assessed value from nuclear fuel	24788
materials and assemblies assessed under division (D)(2)(a) of this	24789
section for tax years 1996, 1997, and 1998, as reflected in the	24790
preliminary assessments, using an assessment rate of twenty-five	24791
per cent.	24792

(3) In the case of a taxing district having a nuclear power	24793
plant within its territory, any amount, resulting in an electric	24794
company tax value loss, obtained by subtracting the amount	24795
described in division (D)(1) of this section from the difference	24796
obtained by subtracting the amount described in division (D)(3)(b)	24797
of this section from the amount described in division (D)(3)(a) of	24798
this section.	24799

(a) The value of electric company tangible personal property	24800
as assessed by the tax commissioner for tax year 2000 on a	24801
preliminary assessment, or an amended preliminary assessment if	24802
issued prior to March 1, 2001, and as apportioned to the taxing	24803
district for tax year 2000;	24804

(b) The value of electric company tangible personal property	24805
as assessed by the tax commissioner for tax year 2001 on a	24806
preliminary assessment, or an amended preliminary assessment if	24807
issued prior to March 1, 2002, and as apportioned to the taxing	24808
district for tax year 2001.	24809

(4) In the case of a taxing district having a nuclear power	24810
plant within its territory, the difference obtained by subtracting	24811
the amount described in division (D)(4)(b) of this section from	24812
the amount described in division (D)(4)(a) of this section,	24813
provided that such difference is greater than ten per cent of the	24814
amount described in division (D)(4)(a) of this section.	24815

(a) The value of electric company tangible personal property	24816
as assessed by the tax commissioner for tax year 2005 on a	24817
preliminary assessment, or an amended preliminary assessment if	24818
issued prior to March 1, 2006, and as apportioned to the taxing	24819
district for tax year 2005;	24820

(b) The value of electric company tangible personal property	24821
as assessed by the tax commissioner for tax year 2006 on a	24822
preliminary assessment, or an amended preliminary assessment if	24823
issued prior to March 1, 2007, and as apportioned to the taxing	24824
district for tax year 2006.	24825

(E) Not later than January 1, 2002, the tax commissioner	24826
shall determine for each taxing district its natural gas company	24827
tax value loss, which is the sum of the amounts described in	24828
divisions (E)(1) and (2) of this section:	24829

(1) The difference obtained by subtracting the amount	24830
described in division (E)(1)(b) from the amount described in	24831
division (E)(1)(a) of this section.	24832

(a) The value of all natural gas company tangible personal	24833
property, other than property described in division (E)(2) of this	24834
section, as assessed by the tax commissioner for tax year 1999 on	24835
a preliminary assessment, or an amended preliminary assessment if	24836
issued prior to March 1, 2000, and apportioned to the taxing	24837
district for tax year 1999;	24838

(b) The value of all natural gas company tangible personal	24839
property, other than property described in division (E)(2) of this	24840
section, as assessed by the tax commissioner for tax year 1999 had	24841
the property been apportioned to the taxing district for tax year	24842
2001, and assessed at the rates in effect for tax year 2001.	24843

(2) The difference in the value of current gas obtained by	24844
subtracting the amount described in division (E)(2)(b) from the	24845
amount described in division (E)(2)(a) of this section.	24846

(a) The three-year average assessed value of current gas as	24847
assessed by the tax commissioner for tax years 1997, 1998, and	24848
1999 on a preliminary assessment, or an amended preliminary	24849
assessment if issued prior to March 1, 2001, and as apportioned in	24850
the taxing district for those respective years;	24851

(b) The three-year average assessed value from current gas	24852
under division (E)(2)(a) of this section for tax years 1997, 1998,	24853
and 1999, as reflected in the preliminary assessment, using an	24854
assessment rate of twenty-five per cent.	24855

(F) The tax commissioner may request that natural gas	24856
companies, electric companies, and rural electric companies file a	24857
report to help determine the tax value loss under divisions (D)	24858
and (E) of this section. The report shall be filed within thirty	24859
days of the commissioner's request. A company that fails to file	24860
the report or does not timely file the report is subject to the	24861
penalty in section 5727.60 of the Revised Code.	24862

(G) Not later than January 1, 2002, the tax commissioner	24863
shall determine for each school district, joint vocational school	24864
district, and local taxing unit its fixed-rate levy loss, which is	24865
the sum of its electric company tax value loss multiplied by the	24866
tax rate in effect in tax year 1998 for fixed-rate levies and its	24867
natural gas company tax value loss multiplied by the tax rate in	24868
effect in tax year 1999 for fixed-rate levies.	24869

(H) Not later than January 1, 2002, the tax commissioner	24870
shall determine for each school district, joint vocational school	24871
district, and local taxing unit its fixed-sum levy loss, which is	24872
the amount obtained by subtracting the amount described in	24873
division (H)(2) of this section from the amount described in	24874
division (H)(1) of this section:	24875

(1) The sum of the electric company tax value loss multiplied	24876
by the tax rate in effect in tax year 1998, and the natural gas	24877
company tax value loss multiplied by the tax rate in effect in tax	24878
year 1999, for fixed-sum levies for all taxing districts within	24879
each school district, joint vocational school district, and local	24880
taxing unit. For the years 2002 through 2006, this computation	24881
shall include school district emergency levies that existed in	24882
1998 in the case of the electric company tax value loss, and 1999	24883
in the case of the natural gas company tax value loss, and all	24884
other fixed-sum levies that existed in 1998 in the case of the	24885
electric company tax value loss and 1999 in the case of the	24886
natural gas company tax value loss and continue to be charged in	24887
the tax year preceding the distribution year. For the years 2007	24888
through 2016 in the case of school district emergency levies, and	24889
for all years after 2006 in the case of all other fixed-sum	24890
levies, this computation shall exclude all fixed-sum levies that	24891
existed in 1998 in the case of the electric company tax value loss	24892
and 1999 in the case of the natural gas company tax value loss,	24893
but are no longer in effect in the tax year preceding the	24894
distribution year. For the purposes of this section, an emergency	24895
levy that existed in 1998 in the case of the electric company tax	24896
value loss, and 1999 in the case of the natural gas company tax	24897
value loss, continues to exist in a year beginning on or after	24898
January 1, 2007, but before January 1, 2017, if, in that year, the	24899
board of education levies a school district emergency levy for an	24900
annual sum at least equal to the annual sum levied by the board in	24901
tax year 1998 or 1999, respectively, less the amount of the	24902
payment certified under this division for 2002.	24903

(2) The total taxable value in tax year 1999 less the tax	24904
value loss in each school district, joint vocational school	24905
district, and local taxing unit multiplied by one-fourth of one	24906
mill.	24907

If the amount computed under division (H) of this section for	24908
any school district, joint vocational school district, or local	24909
taxing unit is greater than zero, that amount shall equal the	24910
fixed-sum levy loss reimbursed pursuant to division (E) of section	24911
5727.85 of the Revised Code or division (A)(2) of section 5727.86	24912
of the Revised Code, and the one-fourth of one mill that is	24913
subtracted under division (H)(2) of this section shall be	24914
apportioned among all contributing fixed-sum levies in the	24915
proportion of each levy to the sum of all fixed-sum levies within	24916
each school district, joint vocational school district, or local	24917
taxing unit.	24918

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	24919
section, in computing the tax value loss, fixed-rate levy loss,	24920
and fixed-sum levy loss, the tax commissioner shall use the	24921
greater of the 1998 tax rate or the 1999 tax rate in the case of	24922
levy losses associated with the electric company tax value loss,	24923
but the 1999 tax rate shall not include for this purpose any tax	24924
levy approved by the voters after June 30, 1999, and the tax	24925
commissioner shall use the greater of the 1999 or the 2000 tax	24926
rate in the case of levy losses associated with the natural gas	24927
company tax value loss.	24928

(J) Not later than January 1, 2002, the tax commissioner	24929
shall certify to the department of education the tax value loss	24930
determined under divisions (D) and (E) of this section for each	24931
taxing district, the fixed-rate levy loss calculated under	24932
division (G) of this section, and the fixed-sum levy loss	24933
calculated under division (H) of this section. The calculations	24934
under divisions (G) and (H) of this section shall separately	24935
display the levy loss for each levy eligible for reimbursement.	24936

(K) Not later than September 1, 2001, the tax commissioner	24937
shall certify the amount of the fixed-sum levy loss to the county	24938
auditor of each county in which a school district with a fixed-sum	24939
levy loss has territory.	24940

Sec. 5727.85. (A) By the thirty-first day of July of each	24941
year, beginning in 2002 and ending in 2016, the department of	24942
education shall determine the following for each school district	24943
and each joint vocational school district ~~eligible for payment~~	24944
~~under division (C) or (D) of this section~~:	24945

(1) The state education aid offset, which is the difference	24946
obtained by subtracting the amount described in division (A)(1)(b)	24947
of this section from the amount described in division (A)(1)(a) of	24948
this section:	24949

(a) The state education aid computed for the school district	24950
or joint vocational school district for the current fiscal year as	24951
of the thirty-first day of July;	24952

(b) The state education aid that would be computed for the	24953
school district or joint vocational school district for the	24954
current fiscal year as of the thirty-first day of July if the	24955
recognized valuation included the tax value loss for the school	24956
district or joint vocational school district.	24957

(2) The greater of zero or the difference obtained by	24958
subtracting the state education aid offset determined under	24959
division (A)(1) of this section from the fixed-rate levy loss	24960
certified under division (J) of section 5727.84 of the Revised	24961
Code for all taxing districts in each school district and joint	24962
vocational school district.	24963

By the fifth day of August of each such year, the department	24964
of education shall certify the amount so determined under division	24965
(A)(1) of this section to the director of budget and management.	24966

(B) Not later than the thirty-first day of October of the	24967
years 2006 through 2016, the department of education shall	24968
determine all of the following for each school district:	24969

(1) The amount obtained by subtracting the district's state	24970
education aid computed for fiscal year 2002 from the district's	24971
state education aid computed for the current fiscal year as of the	24972
fifteenth day of July, by including in the definition of	24973
recognized valuation the machinery and equipment, inventory,	24974
furniture and fixtures, and telephone property tax value losses,	24975
as defined in section 5751.20 of the Revised Code, for the school	24976
district or joint vocational school district for the preceding tax	24977
year;	24978

(2) The inflation-adjusted property tax loss. The	24979
inflation-adjusted property tax loss equals the fixed-rate levy	24980
loss, excluding the tax loss from levies within the ten-mill	24981
limitation to pay debt charges, determined under division (G) of	24982
section 5727.84 of the Revised Code for all taxing districts in	24983
each school district, plus the product obtained by multiplying	24984
that loss by the cumulative percentage increase in the consumer	24985
price index from January 1, 2002, to the thirtieth day of June of	24986
the current year.	24987

(3) The difference obtained by subtracting the amount	24988
computed under division (B)(1) from the amount of the	24989
inflation-adjusted property tax loss. If this difference is zero	24990
or a negative number, no further payments shall be made under	24991
division (C) of this section to the school district from the	24992
school district property tax replacement fund.	24993

(C) The department of education shall pay from the school	24994
district property tax replacement fund to each school district all	24995
of the following:	24996

(1) In February 2002, one-half of the fixed-rate levy loss	24997
certified under division (J) of section 5727.84 of the Revised	24998
Code between the twenty-first and twenty-eighth days of February.	24999

(2) From August 2002 through August 2017, one-half of the	25000
amount calculated for that fiscal year under division (A)(2) of	25001
this section between the twenty-first and twenty-eighth days of	25002
August and of February, provided the difference computed under	25003
division (B)(3) of this section is not less than or equal to zero.	25004

For taxes levied within the ten-mill limitation for debt	25005
purposes in tax year 1998 in the case of electric company tax	25006
value losses, and in tax year 1999 in the case of natural gas	25007
company tax value losses, payments shall be made equal to one	25008
hundred per cent of the loss computed as if the tax were a	25009
fixed-rate levy, but those payments shall extend from fiscal year	25010
2006 through fiscal year 2016.	25011

The department of education shall report to each school	25012
district the apportionment of the payments among the school	25013
district's funds based on the certifications under division (J) of	25014
section 5727.84 of the Revised Code.	25015

(D) Not later than January 1, 2002, for all taxing districts	25016
in each joint vocational school district, the tax commissioner	25017
shall certify to the department of education the fixed-rate levy	25018
loss determined under division (G) of section 5727.84 of the	25019
Revised Code. From February 2002 to August 2016, the department	25020
shall pay from the school district property tax replacement fund	25021
to the joint vocational school district one-half of the amount	25022
calculated for that fiscal year under division (A)(2) of this	25023
section between the twenty-first and twenty-eighth days of August	25024
and of February.	25025

(E)(1) Not later than January 1, 2002, for each fixed-sum	25026
levy levied by each school district or joint vocational school	25027
district and for each year for which a determination is made under	25028
division (H) of section 5727.84 of the Revised Code that a	25029
fixed-sum levy loss is to be reimbursed, the tax commissioner	25030
shall certify to the department of education the fixed-sum levy	25031
loss determined under that division. The certification shall cover	25032
a time period sufficient to include all fixed-sum levies for which	25033
the tax commissioner made such a determination. The department	25034
shall pay from the school district property tax replacement fund	25035
to the school district or joint vocational school district	25036
one-half of the fixed-sum levy loss so certified for each year	25037
between the twenty-first and twenty-eighth days of August and of	25038
February.	25039

(2) Beginning in 2003, by the thirty-first day of January of	25040
each year, the tax commissioner shall review the certification	25041
originally made under division (E)(1) of this section. If the	25042
commissioner determines that a debt levy that had been scheduled	25043
to be reimbursed in the current year has expired, a revised	25044
certification for that and all subsequent years shall be made to	25045
the department of education.	25046

(F) If the balance of the half-mill equalization fund created	25047
under section 3318.18 of the Revised Code is insufficient to make	25048
the full amount of payments required under division (D) of that	25049
section, the department of education, at the end of the third	25050
quarter of the fiscal year, shall certify to the director of	25051
budget and management the amount of the deficiency, and the	25052
director shall transfer an amount equal to the deficiency from the	25053
school district property tax replacement fund to the half-mill	25054
equalization fund.	25055

(G) Beginning in August 2002, and ending in May 2017, the	25056
director of budget and management shall transfer from the school	25057
district property tax replacement fund to the general revenue fund	25058
each of the following:	25059

(1) Between the twenty-eighth day of August and the fifth day	25060
of September, the lesser of one-half of the amount certified for	25061
that fiscal year under division (A)(2) of this section or the	25062
balance in the school district property tax replacement fund;	25063

(2) Between the first and fifth days of May, the lesser of	25064
one-half of the amount certified for that fiscal year under	25065
division (A)(2) of this section or the balance in the school	25066
district property tax replacement fund.	25067

(H) On the first day of June each year, the director of	25068
budget and management shall transfer any balance remaining in the	25069
school district property tax replacement fund after the payments	25070
have been made under divisions (C), (D), (E), (F), and (G) of this	25071
section to the half-mill equalization fund created under section	25072
3318.18 of the Revised Code to the extent required to make any	25073
payments in the current fiscal year under that section, and shall	25074
transfer the remaining balance to the general revenue fund.	25075

(I) From fiscal year 2002 through fiscal year 2016, if the	25076
total amount in the school district property tax replacement fund	25077
is insufficient to make all payments under divisions (C), (D),	25078
(E), and (F) of this section at the time the payments are to be	25079
made, the director of budget and management shall transfer from	25080
the general revenue fund to the school district property tax	25081
replacement fund the difference between the total amount to be	25082
paid and the total amount in the school district property tax	25083
replacement fund, except that no transfer shall be made by reason	25084
of a deficiency to the extent that it results from the amendment	25085
of section 5727.84 of the Revised Code by Amended Substitute House	25086
Bill No. 95 of the 125th general assembly.	25087

(J) If all of the territory of a school district or joint	25088
vocational school district is merged with an existing district, or	25089
if a part of the territory of a school district or joint	25090
vocational school district is transferred to an existing or new	25091
district, the department of education, in consultation with the	25092
tax commissioner, shall adjust the payments made under this	25093
section as follows:	25094

(1) For the merger of all of the territory of two or more	25095
districts, the fixed-rate levy loss and the fixed-sum levy loss of	25096
the successor district shall be equal to the sum of the fixed-rate	25097
levy losses and the fixed-sum levy losses for each of the	25098
districts involved in the merger.	25099

(2) For the transfer of a part of one district's territory to	25100
an existing district, the amount of the fixed-rate levy loss that	25101
is transferred to the recipient district shall be an amount equal	25102
to the transferring district's total fixed-rate levy loss times a	25103
fraction, the numerator of which is the value of electric company	25104
tangible personal property located in the part of the territory	25105
that was transferred, and the denominator of which is the total	25106
value of electric company tangible personal property located in	25107
the entire district from which the territory was transferred. The	25108
value of electric company tangible personal property under this	25109
division shall be determined for the most recent year for which	25110
data is available. Fixed-sum levy losses for both districts shall	25111
be determined under division (J)(4) of this section.	25112

(3) For the transfer of a part of the territory of one or	25113
more districts to create a new district:	25114

(a) If the new district is created on or after January 1,	25115
2000, but before January 1, 2005, the new district shall be paid	25116
its current fixed-rate levy loss through August 2009. From	25117
February 2010 to August 2016, the new district shall be paid the	25118
lesser of: (i) the amount calculated under division (C)(2) of	25119
this section or (ii) an amount equal to the new district's	25120
fixed-rate levy loss multiplied by the percentage prescribed by	25121
the following schedule:	25122

YEAR	PERCENTAGE	25123
2010	70%	25124
2011	70%	25125
2012	60%	25126
2013	50%	25127
2014	40%	25128
2015	24%	25129
2016	11.5%	25130
2017 and thereafter	0%	25131

Fixed-sum levy losses for the districts shall be determined	25132
under division (J)(4) of this section.	25133

(b) If the new district is created on or after January 1,	25134
2005, the new district shall be deemed not to have any fixed-rate	25135
levy loss or, except as provided in division (J)(4) of this	25136
section, fixed-sum levy loss. The district or districts from which	25137
the territory was transferred shall have no reduction in their	25138
fixed-rate levy loss, or, except as provided in division (J)(4) of	25139
this section, their fixed-sum levy loss.	25140

(4) If a recipient district under division (J)(2) of this	25141
section or a new district under division (J)(3)(a) or (b) of this	25142
section takes on debt from one or more of the districts from which	25143
territory was transferred, and any of the districts transferring	25144
the territory had fixed-sum levy losses, the department of	25145
education, in consultation with the tax commissioner, shall make	25146
an equitable division of the fixed-sum levy losses.	25147

(K) There is hereby created the public utility property tax	25148
study committee, effective January 1, 2011. The committee shall	25149
consist of the following seven members: the tax commissioner,	25150
three members of the senate appointed by the president of the	25151
senate, and three members of the house of representatives	25152
appointed by the speaker of the house of representatives. The	25153
appointments shall be made not later than January 31, 2011. The	25154
tax commissioner shall be the chairperson of the committee.	25155

The committee shall study the extent to which each school	25156
district or joint vocational school district has been compensated,	25157
under sections 5727.84 and 5727.85 of the Revised Code as enacted	25158
by Substitute Senate Bill No. 3 of the 123rd general assembly and	25159
any subsequent acts, for the property tax loss caused by the	25160
reduction in the assessment rates for natural gas, electric, and	25161
rural electric company tangible personal property. Not later than	25162
June 30, 2011, the committee shall issue a report of its findings,	25163
including any recommendations for providing additional	25164
compensation for the property tax loss or regarding remedial	25165
legislation, to the president of the senate and the speaker of the	25166
house of representatives, at which time the committee shall cease	25167
to exist.	25168

The department of taxation and department of education shall	25169
provide such information and assistance as is required for the	25170
committee to carry out its duties.	25171

Sec. 5739.01. As used in this chapter:

25172

(A) "Person" includes individuals, receivers, assignees,	25173
trustees in bankruptcy, estates, firms, partnerships,	25174
associations, joint-stock companies, joint ventures, clubs,	25175
societies, corporations, the state and its political subdivisions,	25176
and combinations of individuals of any form.	25177

(B) "Sale" and "selling" include all of the following	25178
transactions for a consideration in any manner, whether absolutely	25179
or conditionally, whether for a price or rental, in money or by	25180
exchange, and by any means whatsoever:	25181

(1) All transactions by which title or possession, or both,	25182
of tangible personal property, is or is to be transferred, or a	25183
license to use or consume tangible personal property is or is to	25184
be granted;	25185

(2) All transactions by which lodging by a hotel is or is to	25186
be furnished to transient guests;	25187

(3) All transactions by which:

25188

(a) An item of tangible personal property is or is to be	25189
repaired, except property, the purchase of which would not be	25190
subject to the tax imposed by section 5739.02 of the Revised Code;	25191

(b) An item of tangible personal property is or is to be	25192
installed, except property, the purchase of which would not be	25193
subject to the tax imposed by section 5739.02 of the Revised Code	25194
or property that is or is to be incorporated into and will become	25195
a part of a production, transmission, transportation, or	25196
distribution system for the delivery of a public utility service;	25197

(c) The service of washing, cleaning, waxing, polishing, or	25198
painting a motor vehicle is or is to be furnished;	25199

(d) Until August 1, 2003, industrial laundry cleaning	25200
services are or are to be provided and, on and after August 1,	25201
2003, laundry and dry cleaning services are or are to be provided;	25202

(e) Automatic data processing, computer services, or	25203
electronic information services are or are to be provided for use	25204
in business when the true object of the transaction is the receipt	25205
by the consumer of automatic data processing, computer services,	25206
or electronic information services rather than the receipt of	25207
personal or professional services to which automatic data	25208
processing, computer services, or electronic information services	25209
are incidental or supplemental. Notwithstanding any other	25210
provision of this chapter, such transactions that occur between	25211
members of an affiliated group are not sales. An "affiliated	25212
group" means two or more persons related in such a way that one	25213
person owns or controls the business operation of another member	25214
of the group. In the case of corporations with stock, one	25215
corporation owns or controls another if it owns more than fifty	25216
per cent of the other corporation's common stock with voting	25217
rights.	25218

(f) Telecommunications service, including prepaid calling	25219
service, prepaid wireless calling service, or ancillary service,	25220
is or is to be provided, but not including coin-operated telephone	25221
service;	25222

(g) Landscaping and lawn care service is or is to be	25223
provided;	25224

(h) Private investigation and security service is or is to be	25225
provided;	25226

(i) Information services or tangible personal property is	25227
provided or ordered by means of a nine hundred telephone call;	25228

(j) Building maintenance and janitorial service is or is to	25229
be provided;	25230

(k) Employment service is or is to be provided;

25231

(l) Employment placement service is or is to be provided;

25232

(m) Exterminating service is or is to be provided;

25233

(n) Physical fitness facility service is or is to be	25234
provided;	25235

(o) Recreation and sports club service is or is to be	25236
provided;	25237

(p) On and after August 1, 2003, satellite broadcasting	25238
service is or is to be provided;	25239

(q) On and after August 1, 2003, personal care service is or	25240
is to be provided to an individual. As used in this division,	25241
"personal care service" includes skin care, the application of	25242
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	25243
piercing, tanning, massage, and other similar services. "Personal	25244
care service" does not include a service provided by or on the	25245
order of a licensed physician or licensed chiropractor, or the	25246
cutting, coloring, or styling of an individual's hair.	25247

(r) On and after August 1, 2003, the transportation of	25248
persons by motor vehicle or aircraft is or is to be provided, when	25249
the transportation is entirely within this state, except for	25250
transportation provided by an ambulance service, by a transit bus,	25251
as defined in section 5735.01 of the Revised Code, and	25252
transportation provided by a citizen of the United States holding	25253
a certificate of public convenience and necessity issued under 49	25254
U.S.C. 41102;	25255

(s) On and after August 1, 2003, motor vehicle towing service	25256
is or is to be provided. As used in this division, "motor vehicle	25257
towing service" means the towing or conveyance of a wrecked,	25258
disabled, or illegally parked motor vehicle.	25259

(t) On and after August 1, 2003, snow removal service is or	25260
is to be provided. As used in this division, "snow removal	25261
service" means the removal of snow by any mechanized means, but	25262
does not include the providing of such service by a person that	25263
has less than five thousand dollars in sales of such service	25264
during the calendar year.	25265

(u) Electronic publishing service is or is to be provided to	25266
a consumer for use in business, except that such transactions	25267
occurring between members of an affiliated group, as defined in	25268
division (B)(3)(e) of this section, are not sales.	25269

(4) All transactions by which printed, imprinted,	25270
overprinted, lithographic, multilithic, blueprinted, photostatic,	25271
or other productions or reproductions of written or graphic matter	25272
are or are to be furnished or transferred;	25273

(5) The production or fabrication of tangible personal	25274
property for a consideration for consumers who furnish either	25275
directly or indirectly the materials used in the production of	25276
fabrication work; and include the furnishing, preparing, or	25277
serving for a consideration of any tangible personal property	25278
consumed on the premises of the person furnishing, preparing, or	25279
serving such tangible personal property. Except as provided in	25280
section 5739.03 of the Revised Code, a construction contract	25281
pursuant to which tangible personal property is or is to be	25282
incorporated into a structure or improvement on and becoming a	25283
part of real property is not a sale of such tangible personal	25284
property. The construction contractor is the consumer of such	25285
tangible personal property, provided that the sale and	25286
installation of carpeting, the sale and installation of	25287
agricultural land tile, the sale and erection or installation of	25288
portable grain bins, or the provision of landscaping and lawn care	25289
service and the transfer of property as part of such service is	25290
never a construction contract.	25291

As used in division (B)(5) of this section:

25292

(a) "Agricultural land tile" means fired clay or concrete	25293
tile, or flexible or rigid perforated plastic pipe or tubing,	25294
incorporated or to be incorporated into a subsurface drainage	25295
system appurtenant to land used or to be used directly in	25296
production by farming, agriculture, horticulture, or floriculture.	25297
The term does not include such materials when they are or are to	25298
be incorporated into a drainage system appurtenant to a building	25299
or structure even if the building or structure is used or to be	25300
used in such production.	25301

(b) "Portable grain bin" means a structure that is used or to	25302
be used by a person engaged in farming or agriculture to shelter	25303
the person's grain and that is designed to be disassembled without	25304
significant damage to its component parts.	25305

(6) All transactions in which all of the shares of stock of a	25306
closely held corporation are transferred, if the corporation is	25307
not engaging in business and its entire assets consist of boats,	25308
planes, motor vehicles, or other tangible personal property	25309
operated primarily for the use and enjoyment of the shareholders;	25310

(7) All transactions in which a warranty, maintenance or	25311
service contract, or similar agreement by which the vendor of the	25312
warranty, contract, or agreement agrees to repair or maintain the	25313
tangible personal property of the consumer is or is to be	25314
provided;	25315

(8) The transfer of copyrighted motion picture films used	25316
solely for advertising purposes, except that the transfer of such	25317
films for exhibition purposes is not a sale.;	25318

(9) On and after August 1, 2003, all transactions by which	25319
tangible personal property is or is to be stored, except such	25320
property that the consumer of the storage holds for sale in the	25321
regular course of business;	25322

(10) All transactions in which "guaranteed auto protection"	25323
is provided whereby a person promises to pay to the consumer the	25324
difference between the amount the consumer receives from motor	25325
vehicle insurance and the amount the consumer owes to a person	25326
holding title to or a lien on the consumer's motor vehicle in the	25327
event the consumer's motor vehicle suffers a total loss under the	25328
terms of the motor vehicle insurance policy or is stolen and not	25329
recovered, if the protection and its price are included in the	25330
purchase or lease agreement.	25331

Except as provided in this section, "sale" and "selling" do	25332
not include transfers of interest in leased property where the	25333
original lessee and the terms of the original lease agreement	25334
remain unchanged, or professional, insurance, or personal service	25335
transactions that involve the transfer of tangible personal	25336
property as an inconsequential element, for which no separate	25337
charges are made.	25338

(C) "Vendor" means the person providing the service or by	25339
whom the transfer effected or license given by a sale is or is to	25340
be made or given and, for sales described in division (B)(3)(i) of	25341
this section, the telecommunications service vendor that provides	25342
the nine hundred telephone service; if two or more persons are	25343
engaged in business at the same place of business under a single	25344
trade name in which all collections on account of sales by each	25345
are made, such persons shall constitute a single vendor.	25346

Physicians, dentists, hospitals, and veterinarians who are	25347
engaged in selling tangible personal property as received from	25348
others, such as eyeglasses, mouthwashes, dentifrices, or similar	25349
articles, are vendors. Veterinarians who are engaged in	25350
transferring to others for a consideration drugs, the dispensing	25351
of which does not require an order of a licensed veterinarian or	25352
physician under federal law, are vendors.	25353

(D)(1) "Consumer" means the person for whom the service is	25354
provided, to whom the transfer effected or license given by a sale	25355
is or is to be made or given, to whom the service described in	25356
division (B)(3)(f) or (i) of this section is charged, or to whom	25357
the admission is granted.	25358

(2) Physicians, dentists, hospitals, and blood banks operated	25359
by nonprofit institutions and persons licensed to practice	25360
veterinary medicine, surgery, and dentistry are consumers of all	25361
tangible personal property and services purchased by them in	25362
connection with the practice of medicine, dentistry, the rendition	25363
of hospital or blood bank service, or the practice of veterinary	25364
medicine, surgery, and dentistry. In addition to being consumers	25365
of drugs administered by them or by their assistants according to	25366
their direction, veterinarians also are consumers of drugs that	25367
under federal law may be dispensed only by or upon the order of a	25368
licensed veterinarian or physician, when transferred by them to	25369
others for a consideration to provide treatment to animals as	25370
directed by the veterinarian.	25371

(3) A person who performs a facility management, or similar	25372
service contract for a contractee is a consumer of all tangible	25373
personal property and services purchased for use in connection	25374
with the performance of such contract, regardless of whether title	25375
to any such property vests in the contractee. The purchase of such	25376
property and services is not subject to the exception for resale	25377
under division (E)(1) of this section.	25378

(4)(a) In the case of a person who purchases printed matter	25379
for the purpose of distributing it or having it distributed to the	25380
public or to a designated segment of the public, free of charge,	25381
that person is the consumer of that printed matter, and the	25382
purchase of that printed matter for that purpose is a sale.	25383

(b) In the case of a person who produces, rather than	25384
purchases, printed matter for the purpose of distributing it or	25385
having it distributed to the public or to a designated segment of	25386
the public, free of charge, that person is the consumer of all	25387
~~tangile~~tangible personal property and services purchased for use	25388
or consumption in the production of that printed matter. That	25389
person is not entitled to claim exemption under division	25390
(B)(42)(f) of section 5739.02 of the Revised Code for any	25391
material incorporated into the printed matter or any equipment,	25392
supplies, or services primarily used to produce the printed	25393
matter.	25394

(c) The distribution of printed matter to the public or to a	25395
designated segment of the public, free of charge, is not a sale to	25396
the members of the public to whom the printed matter is	25397
distributed or to any persons who purchase space in the printed	25398
matter for advertising or other purposes.	25399

(5) A person who makes sales of any of the services listed in	25400
division (B)(3) of this section is the consumer of any tangible	25401
personal property used in performing the service. The purchase of	25402
that property is not subject to the resale exception under	25403
division (E)(1) of this section.	25404

(6) A person who engages in highway transportation for hire	25405
is the consumer of all packaging materials purchased by that	25406
person and used in performing the service, except for packaging	25407
materials sold by such person in a transaction separate from the	25408
service.	25409

(E) "Retail sale" and "sales at retail" include all sales,	25410
except those in which the purpose of the consumer is to resell the	25411
thing transferred or benefit of the service provided, by a person	25412
engaging in business, in the form in which the same is, or is to	25413
be, received by the person.	25414

(F) "Business" includes any activity engaged in by any person	25415
with the object of gain, benefit, or advantage, either direct or	25416
indirect. "Business" does not include the activity of a person in	25417
managing and investing the person's own funds.	25418

(G) "Engaging in business" means commencing, conducting, or	25419
continuing in business, and liquidating a business when the	25420
liquidator thereof holds itself out to the public as conducting	25421
such business. Making a casual sale is not engaging in business.	25422

(H)(1)(a) "Price," except as provided in divisions (H)(2) and	25423
(3) of this section, means the total amount of consideration,	25424
including cash, credit, property, and services, for which tangible	25425
personal property or services are sold, leased, or rented, valued	25426
in money, whether received in money or otherwise, without any	25427
deduction for any of the following:	25428

(i) The vendor's cost of the property sold;

25429

(ii) The cost of materials used, labor or service costs,	25430
interest, losses, all costs of transportation to the vendor, all	25431
taxes imposed on the vendor, including the tax imposed under	25432
Chapter 5751. of the Revised Code, and any other expense of the	25433
vendor;	25434

(iii) Charges by the vendor for any services necessary to	25435
complete the sale;	25436

(iv) On and after August 1, 2003, delivery charges. As used	25437
in this division, "delivery charges" means charges by the vendor	25438
for preparation and delivery to a location designated by the	25439
consumer of tangible personal property or a service, including	25440
transportation, shipping, postage, handling, crating, and packing.	25441

(v) Installation charges;

25442

(vi) Credit for any trade-in.

25443

(b) "Price" includes consideration received by the vendor	25444
from a third party, if the vendor actually receives the	25445
consideration from a party other than the consumer, and the	25446
consideration is directly related to a price reduction or discount	25447
on the sale; the vendor has an obligation to pass the price	25448
reduction or discount through to the consumer; the amount of the	25449
consideration attributable to the sale is fixed and determinable	25450
by the vendor at the time of the sale of the item to the consumer;	25451
and one of the following criteria is met:	25452

(i) The consumer presents a coupon, certificate, or other	25453
document to the vendor to claim a price reduction or discount	25454
where the coupon, certificate, or document is authorized,	25455
distributed, or granted by a third party with the understanding	25456
that the third party will reimburse any vendor to whom the coupon,	25457
certificate, or document is presented;	25458

(ii) The consumer identifies the consumer's self to the	25459
seller as a member of a group or organization entitled to a price	25460
reduction or discount. A preferred customer card that is available	25461
to any patron does not constitute membership in such a group or	25462
organization.	25463

(iii) The price reduction or discount is identified as a	25464
third party price reduction or discount on the invoice received by	25465
the consumer, or on a coupon, certificate, or other document	25466
presented by the consumer.	25467

25468

(i) Discounts, including cash, term, or coupons that are not	25469
reimbursed by a third party that are allowed by a vendor and taken	25470
by a consumer on a sale;	25471

(ii) Interest, financing, and carrying charges from credit	25472
extended on the sale of tangible personal property or services, if	25473
the amount is separately stated on the invoice, bill of sale, or	25474
similar document given to the purchaser;	25475

(iii) Any taxes legally imposed directly on the consumer that	25476
are separately stated on the invoice, bill of sale, or similar	25477
document given to the consumer. For the purpose of this division,	25478
the tax imposed under Chapter 5751. of the Revised Code is not a	25479
tax directly on the consumer, even if the tax or a portion thereof	25480
is separately stated.	25481

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	25482
section, any discount allowed by an automobile manufacturer to its	25483
employee, or to the employee of a supplier, on the purchase of a	25484
new motor vehicle from a new motor vehicle dealer in this state.	25485

(2) In the case of a sale of any new motor vehicle by a new	25486
motor vehicle dealer, as defined in section 4517.01 of the Revised	25487
Code, in which another motor vehicle is accepted by the dealer as	25488
part of the consideration received, "price" has the same meaning	25489
as in division (H)(1) of this section, reduced by the credit	25490
afforded the consumer by the dealer for the motor vehicle received	25491
in trade.	25492

(3) In the case of a sale of any watercraft or outboard motor	25493
by a watercraft dealer licensed in accordance with section	25494
1547.543 of the Revised Code, in which another watercraft,	25495
watercraft and trailer, or outboard motor is accepted by the	25496
dealer as part of the consideration received, "price" has the same	25497
meaning as in division (H)(1) of this section, reduced by the	25498
credit afforded the consumer by the dealer for the watercraft,	25499
watercraft and trailer, or outboard motor received in trade. As	25500
used in this division, "watercraft" includes an outdrive unit	25501
attached to the watercraft.	25502

(I) "Receipts" means the total amount of the prices of the	25503
sales of vendors, provided that cash discounts allowed and taken	25504
on sales at the time they are consummated are not included, minus	25505
any amount deducted as a bad debt pursuant to section 5739.121 of	25506
the Revised Code. "Receipts" does not include the sale price of	25507
property returned or services rejected by consumers when the full	25508
sale price and tax are refunded either in cash or by credit.	25509

(J) "Place of business" means any location at which a person	25510
engages in business.	25511

(K) "Premises" includes any real property or portion thereof	25512
upon which any person engages in selling tangible personal	25513
property at retail or making retail sales and also includes any	25514
real property or portion thereof designated for, or devoted to,	25515
use in conjunction with the business engaged in by such person.	25516

(L) "Casual sale" means a sale of an item of tangible	25517
personal property that was obtained by the person making the sale,	25518
through purchase or otherwise, for the person's own use and was	25519
previously subject to any state's taxing jurisdiction on its sale	25520
or use, and includes such items acquired for the seller's use that	25521
are sold by an auctioneer employed directly by the person for such	25522
purpose, provided the location of such sales is not the	25523
auctioneer's permanent place of business. As used in this	25524
division, "permanent place of business" includes any location	25525
where such auctioneer has conducted more than two auctions during	25526
the year.	25527

(M) "Hotel" means every establishment kept, used, maintained,	25528
advertised, or held out to the public to be a place where sleeping	25529
accommodations are offered to guests, in which five or more rooms	25530
are used for the accommodation of such guests, whether the rooms	25531
are in one or several structures.	25532

(N) "Transient guests" means persons occupying a room or	25533
rooms for sleeping accommodations for less than thirty consecutive	25534
days.	25535

(O) "Making retail sales" means the effecting of transactions	25536
wherein one party is obligated to pay the price and the other	25537
party is obligated to provide a service or to transfer title to or	25538
possession of the item sold. "Making retail sales" does not	25539
include the preliminary acts of promoting or soliciting the retail	25540
sales, other than the distribution of printed matter which	25541
displays or describes and prices the item offered for sale, nor	25542
does it include delivery of a predetermined quantity of tangible	25543
personal property or transportation of property or personnel to or	25544
from a place where a service is performed, regardless of whether	25545
the vendor is a delivery vendor.	25546

(P) "Used directly in the rendition of a public utility	25547
service" means that property that is to be incorporated into and	25548
will become a part of the consumer's production, transmission,	25549
transportation, or distribution system and that retains its	25550
classification as tangible personal property after such	25551
incorporation; fuel or power used in the production, transmission,	25552
transportation, or distribution system; and tangible personal	25553
property used in the repair and maintenance of the production,	25554
transmission, transportation, or distribution system, including	25555
only such motor vehicles as are specially designed and equipped	25556
for such use. Tangible personal property and services used	25557
primarily in providing highway transportation for hire are not	25558
used directly in the rendition of a public utility service. In	25559
this definition, "public utility" includes a citizen of the United	25560
States holding, and required to hold, a certificate of public	25561
convenience and necessity issued under 49 U.S.C. 41102.	25562

(Q) "Refining" means removing or separating a desirable	25563
product from raw or contaminated materials by distillation or	25564
physical, mechanical, or chemical processes.	25565

(R) "Assembly" and "assembling" mean attaching or fitting	25566
together parts to form a product, but do not include packaging a	25567
product.	25568

(S) "Manufacturing operation" means a process in which	25569
materials are changed, converted, or transformed into a different	25570
state or form from which they previously existed and includes	25571
refining materials, assembling parts, and preparing raw materials	25572
and parts by mixing, measuring, blending, or otherwise committing	25573
such materials or parts to the manufacturing process.	25574
"Manufacturing operation" does not include packaging.	25575

(T) "Fiscal officer" means, with respect to a regional	25576
transit authority, the secretary-treasurer thereof, and with	25577
respect to a county that is a transit authority, the fiscal	25578
officer of the county transit board if one is appointed pursuant	25579
to section 306.03 of the Revised Code or the county auditor if the	25580
board of county commissioners operates the county transit system.	25581

(U) "Transit authority" means a regional transit authority	25582
created pursuant to section 306.31 of the Revised Code or a county	25583
in which a county transit system is created pursuant to section	25584
306.01 of the Revised Code. For the purposes of this chapter, a	25585
transit authority must extend to at least the entire area of a	25586
single county. A transit authority that includes territory in more	25587
than one county must include all the area of the most populous	25588
county that is a part of such transit authority. County population	25589
shall be measured by the most recent census taken by the United	25590
States census bureau.	25591

(V) "Legislative authority" means, with respect to a regional	25592
transit authority, the board of trustees thereof, and with respect	25593
to a county that is a transit authority, the board of county	25594
commissioners.	25595

(W) "Territory of the transit authority" means all of the	25596
area included within the territorial boundaries of a transit	25597
authority as they from time to time exist. Such territorial	25598
boundaries must at all times include all the area of a single	25599
county or all the area of the most populous county that is a part	25600
of such transit authority. County population shall be measured by	25601
the most recent census taken by the United States census bureau.	25602

(X) "Providing a service" means providing or furnishing	25603
anything described in division (B)(3) of this section for	25604
consideration.	25605

(Y)(1)(a) "Automatic data processing" means processing of	25606
others' data, including keypunching or similar data entry services	25607
together with verification thereof, or providing access to	25608
computer equipment for the purpose of processing data.	25609

(b) "Computer services" means providing services consisting	25610
of specifying computer hardware configurations and evaluating	25611
technical processing characteristics, computer programming, and	25612
training of computer programmers and operators, provided in	25613
conjunction with and to support the sale, lease, or operation of	25614
taxable computer equipment or systems.	25615

(c) "Electronic information services" means providing access	25616
to computer equipment by means of telecommunications equipment for	25617
the purpose of either of the following:	25618

(i) Examining or acquiring data stored in or accessible to	25619
the computer equipment;	25620

(ii) Placing data into the computer equipment to be retrieved	25621
by designated recipients with access to the computer equipment.	25622

For transactions occurring on or after the effective date of	25623
the amendment of this section by H.B. 157 of the 127th general	25624
assembly, December 21, 2007, "electronic information services"	25625
does not include electronic publishing as defined in division	25626
(LLL) of this section.	25627

(d) "Automatic data processing, computer services, or	25628
electronic information services" shall not include personal or	25629
professional services.	25630

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	25631
section, "personal and professional services" means all services	25632
other than automatic data processing, computer services, or	25633
electronic information services, including but not limited to:	25634

(a) Accounting and legal services such as advice on tax	25635
matters, asset management, budgetary matters, quality control,	25636
information security, and auditing and any other situation where	25637
the service provider receives data or information and studies,	25638
alters, analyzes, interprets, or adjusts such material;	25639

(b) Analyzing business policies and procedures;

25640

25641

(d) Feasibility studies, including economic and technical	25642
analysis of existing or potential computer hardware or software	25643
needs and alternatives;	25644

(e) Designing policies, procedures, and custom software for	25645
collecting business information, and determining how data should	25646
be summarized, sequenced, formatted, processed, controlled, and	25647
reported so that it will be meaningful to management;	25648

(f) Developing policies and procedures that document how	25649
business events and transactions are to be authorized, executed,	25650
and controlled;	25651

(g) Testing of business procedures;

25652

(h) Training personnel in business procedure applications;

25653

(i) Providing credit information to users of such information	25654
by a consumer reporting agency, as defined in the "Fair Credit	25655
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	25656
as hereafter amended, including but not limited to gathering,	25657
organizing, analyzing, recording, and furnishing such information	25658
by any oral, written, graphic, or electronic medium;	25659

(j) Providing debt collection services by any oral, written,	25660
graphic, or electronic means.	25661

The services listed in divisions (Y)(2)(a) to (j) of this	25662
section are not automatic data processing or computer services.	25663

(Z) "Highway transportation for hire" means the	25664
transportation of personal property belonging to others for	25665
consideration by any of the following:	25666

(1) The holder of a permit or certificate issued by this	25667
state or the United States authorizing the holder to engage in	25668
transportation of personal property belonging to others for	25669
consideration over or on highways, roadways, streets, or any	25670
similar public thoroughfare;	25671

(2) A person who engages in the transportation of personal	25672
property belonging to others for consideration over or on	25673
highways, roadways, streets, or any similar public thoroughfare	25674
but who could not have engaged in such transportation on December	25675
11, 1985, unless the person was the holder of a permit or	25676
certificate of the types described in division (Z)(1) of this	25677
section;	25678

(3) A person who leases a motor vehicle to and operates it	25679
for a person described by division (Z)(1) or (2) of this section.	25680

(AA)(1) "Telecommunications service" means the electronic	25681
transmission, conveyance, or routing of voice, data, audio, video,	25682
or any other information or signals to a point, or between or	25683
among points. "Telecommunications service" includes such	25684
transmission, conveyance, or routing in which computer processing	25685
applications are used to act on the form, code, or protocol of the	25686
content for purposes of transmission, conveyance, or routing	25687
without regard to whether the service is referred to as voice-over	25688
internet protocol service or is classified by the federal	25689
communications commission as enhanced or value-added.	25690
"Telecommunications service" does not include any of the	25691
following:	25692

(a) Data processing and information services that allow data	25693
to be generated, acquired, stored, processed, or retrieved and	25694
delivered by an electronic transmission to a consumer where the	25695
consumer's primary purpose for the underlying transaction is the	25696
processed data or information;	25697

(b) Installation or maintenance of wiring or equipment on a	25698
customer's premises;	25699

25700

(d) Advertising, including directory advertising;

25701

(e) Billing and collection services provided to third	25702
parties;	25703

(f) Internet access service;

25704

(g) Radio and television audio and video programming	25705
services, regardless of the medium, including the furnishing of	25706
transmission, conveyance, and routing of such services by the	25707
programming service provider. Radio and television audio and video	25708
programming services include, but are not limited to, cable	25709
service, as defined in 47 U.S.C. 522(6), and audio and video	25710
programming services delivered by commercial mobile radio service	25711
providers, as defined in 47 C.F.R. 20.3;	25712

(h) Ancillary service;

25713

(i) Digital products delivered electronically, including	25714
software, music, video, reading materials, or ring tones.	25715

(2) "Ancillary service" means a service that is associated	25716
with or incidental to the provision of telecommunications service,	25717
including conference bridging service, detailed telecommunications	25718
billing service, directory assistance, vertical service, and voice	25719
mail service. As used in this division:	25720

(a) "Conference bridging service" means an ancillary service	25721
that links two or more participants of an audio or video	25722
conference call, including providing a telephone number.	25723
"Conference bridging service" does not include telecommunications	25724
services used to reach the conference bridge.	25725

(b) "Detailed telecommunications billing service" means an	25726
ancillary service of separately stating information pertaining to	25727
individual calls on a customer's billing statement.	25728

(c) "Directory assistance" means an ancillary service of	25729
providing telephone number or address information.	25730

(d) "Vertical service" means an ancillary service that is	25731
offered in connection with one or more telecommunications	25732
services, which offers advanced calling features that allow	25733
customers to identify callers and manage multiple calls and call	25734
connections, including conference bridging service.	25735

(e) "Voice mail service" means an ancillary service that	25736
enables the customer to store, send, or receive recorded messages.	25737
"Voice mail service" does not include any vertical services that	25738
the customer may be required to have in order to utilize the voice	25739
mail service.	25740

(3) "900 service" means an inbound toll telecommunications	25741
service purchased by a subscriber that allows the subscriber's	25742
customers to call in to the subscriber's prerecorded announcement	25743
or live service, and which is typically marketed under the name	25744
"900" service and any subsequent numbers designated by the federal	25745
communications commission. "900 service" does not include the	25746
charge for collection services provided by the seller of the	25747
telecommunications service to the subscriber, or services or	25748
products sold by the subscriber to the subscriber's customer.	25749

(4) "Prepaid calling service" means the right to access	25750
exclusively telecommunications services, which must be paid for in	25751
advance and which enables the origination of calls using an access	25752
number or authorization code, whether manually or electronically	25753
dialed, and that is sold in predetermined units of dollars of	25754
which the number declines with use in a known amount.	25755

(5) "Prepaid wireless calling service" means a	25756
telecommunications service that provides the right to utilize	25757
mobile telecommunications service as well as other	25758
non-telecommunications services, including the download of digital	25759
products delivered electronically, and content and ancillary	25760
services, that must be paid for in advance and that is sold in	25761
predetermined units of dollars of which the number declines with	25762
use in a known amount.	25763

(6) "Value-added non-voice data service" means a	25764
telecommunications service in which computer processing	25765
applications are used to act on the form, content, code, or	25766
protocol of the information or data primarily for a purpose other	25767
than transmission, conveyance, or routing.	25768

(7) "Coin-operated telephone service" means a	25769
telecommunications service paid for by inserting money into a	25770
telephone accepting direct deposits of money to operate.	25771

(8) "Customer" has the same meaning as in section 5739.034 of	25772
the Revised Code.	25773

(BB) "Laundry and dry cleaning services" means removing soil	25774
or dirt from towels, linens, articles of clothing, or other fabric	25775
items that belong to others and supplying towels, linens, articles	25776
of clothing, or other fabric items. "Laundry and dry cleaning	25777
services" does not include the provision of self-service	25778
facilities for use by consumers to remove soil or dirt from	25779
towels, linens, articles of clothing, or other fabric items.	25780

(CC) "Magazines distributed as controlled circulation	25781
publications" means magazines containing at least twenty-four	25782
pages, at least twenty-five per cent editorial content, issued at	25783
regular intervals four or more times a year, and circulated	25784
without charge to the recipient, provided that such magazines are	25785
not owned or controlled by individuals or business concerns which	25786
conduct such publications as an auxiliary to, and essentially for	25787
the advancement of the main business or calling of, those who own	25788
or control them.	25789

(DD) "Landscaping and lawn care service" means the services	25790
of planting, seeding, sodding, removing, cutting, trimming,	25791
pruning, mulching, aerating, applying chemicals, watering,	25792
fertilizing, and providing similar services to establish, promote,	25793
or control the growth of trees, shrubs, flowers, grass, ground	25794
cover, and other flora, or otherwise maintaining a lawn or	25795
landscape grown or maintained by the owner for ornamentation or	25796
other nonagricultural purpose. However, "landscaping and lawn care	25797
service" does not include the providing of such services by a	25798
person who has less than five thousand dollars in sales of such	25799
services during the calendar year.	25800

(EE) "Private investigation and security service" means the	25801
performance of any activity for which the provider of such service	25802
is required to be licensed pursuant to Chapter 4749. of the	25803
Revised Code, or would be required to be so licensed in performing	25804
such services in this state, and also includes the services of	25805
conducting polygraph examinations and of monitoring or overseeing	25806
the activities on or in, or the condition of, the consumer's home,	25807
business, or other facility by means of electronic or similar	25808
monitoring devices. "Private investigation and security service"	25809
does not include special duty services provided by off-duty police	25810
officers, deputy sheriffs, and other peace officers regularly	25811
employed by the state or a political subdivision.	25812

(FF) "Information services" means providing conversation,	25813
giving consultation or advice, playing or making a voice or other	25814
recording, making or keeping a record of the number of callers,	25815
and any other service provided to a consumer by means of a nine	25816
hundred telephone call, except when the nine hundred telephone	25817
call is the means by which the consumer makes a contribution to a	25818
recognized charity.	25819

(GG) "Research and development" means designing, creating, or	25820
formulating new or enhanced products, equipment, or manufacturing	25821
processes, and also means conducting scientific or technological	25822
inquiry and experimentation in the physical sciences with the goal	25823
of increasing scientific knowledge which may reveal the bases for	25824
new or enhanced products, equipment, or manufacturing processes.	25825

(HH) "Qualified research and development equipment" means	25826
capitalized tangible personal property, and leased personal	25827
property that would be capitalized if purchased, used by a person	25828
primarily to perform research and development. Tangible personal	25829
property primarily used in testing, as defined in division (A)(4)	25830
of section 5739.011 of the Revised Code, or used for recording or	25831
storing test results, is not qualified research and development	25832
equipment unless such property is primarily used by the consumer	25833
in testing the product, equipment, or manufacturing process being	25834
created, designed, or formulated by the consumer in the research	25835
and development activity or in recording or storing such test	25836
results.	25837

(II) "Building maintenance and janitorial service" means	25838
cleaning the interior or exterior of a building and any tangible	25839
personal property located therein or thereon, including any	25840
services incidental to such cleaning for which no separate charge	25841
is made. However, "building maintenance and janitorial service"	25842
does not include the providing of such service by a person who has	25843
less than five thousand dollars in sales of such service during	25844
the calendar year.	25845

(JJ) "Employment service" means providing or supplying	25846
personnel, on a temporary or long-term basis, to perform work or	25847
labor under the supervision or control of another, when the	25848
personnel so provided or supplied receive their wages, salary, or	25849
other compensation from the provider or supplier of the employment	25850
service or from a third party that provided or supplied the	25851
personnel to the provider or supplier. "Employment service" does	25852
not include:	25853

(1) Acting as a contractor or subcontractor, where the	25854
personnel performing the work are not under the direct control of	25855
the purchaser.	25856

(2) Medical and health care services.

25857

(3) Supplying personnel to a purchaser pursuant to a contract	25858
of at least one year between the service provider and the	25859
purchaser that specifies that each employee covered under the	25860
contract is assigned to the purchaser on a permanent basis.	25861

(4) Transactions between members of an affiliated group, as	25862
defined in division (B)(3)(e) of this section.	25863

(5) Transactions where the personnel so provided or supplied	25864
by a provider or supplier to a purchaser of an employment service	25865
are then provided or supplied by that purchaser to a third party	25866
as an employment service, except "employment service" does include	25867
the transaction between that purchaser and the third party.	25868

(KK) "Employment placement service" means locating or finding	25869
employment for a person or finding or locating an employee to fill	25870
an available position.	25871

(LL) "Exterminating service" means eradicating or attempting	25872
to eradicate vermin infestations from a building or structure, or	25873
the area surrounding a building or structure, and includes	25874
activities to inspect, detect, or prevent vermin infestation of a	25875
building or structure.	25876

(MM) "Physical fitness facility service" means all	25877
transactions by which a membership is granted, maintained, or	25878
renewed, including initiation fees, membership dues, renewal fees,	25879
monthly minimum fees, and other similar fees and dues, by a	25880
physical fitness facility such as an athletic club, health spa, or	25881
gymnasium, which entitles the member to use the facility for	25882
physical exercise.	25883

(NN) "Recreation and sports club service" means all	25884
transactions by which a membership is granted, maintained, or	25885
renewed, including initiation fees, membership dues, renewal fees,	25886
monthly minimum fees, and other similar fees and dues, by a	25887
recreation and sports club, which entitles the member to use the	25888
facilities of the organization. "Recreation and sports club" means	25889
an organization that has ownership of, or controls or leases on a	25890
continuing, long-term basis, the facilities used by its members	25891
and includes an aviation club, gun or shooting club, yacht club,	25892
card club, swimming club, tennis club, golf club, country club,	25893
riding club, amateur sports club, or similar organization.	25894

(OO) "Livestock" means farm animals commonly raised for food	25895
or food production, and includes but is not limited to cattle,	25896
sheep, goats, swine, and poultry. "Livestock" does not include	25897
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	25898
animals for use in laboratories or for exhibition, or other	25899
animals not commonly raised for food or food production.	25900

(PP) "Livestock structure" means a building or structure used	25901
exclusively for the housing, raising, feeding, or sheltering of	25902
livestock, and includes feed storage or handling structures and	25903
structures for livestock waste handling.	25904

(QQ) "Horticulture" means the growing, cultivation, and	25905
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	25906
and nursery stock. As used in this division, "nursery stock" has	25907
the same meaning as in section 927.51 of the Revised Code.	25908

(RR) "Horticulture structure" means a building or structure	25909
used exclusively for the commercial growing, raising, or	25910
overwintering of horticultural products, and includes the area	25911
used for stocking, storing, and packing horticultural products	25912
when done in conjunction with the production of those products.	25913

(SS) "Newspaper" means an unbound publication bearing a title	25914
or name that is regularly published, at least as frequently as	25915
biweekly, and distributed from a fixed place of business to the	25916
public in a specific geographic area, and that contains a	25917
substantial amount of news matter of international, national, or	25918
local events of interest to the general public.	25919

(TT) "Professional racing team" means a person that employs	25920
at least twenty full-time employees for the purpose of conducting	25921
a motor vehicle racing business for profit. The person must	25922
conduct the business with the purpose of racing one or more motor	25923
racing vehicles in at least ten competitive professional racing	25924
events each year that comprise all or part of a motor racing	25925
series sanctioned by one or more motor racing sanctioning	25926
organizations. A "motor racing vehicle" means a vehicle for which	25927
the chassis, engine, and parts are designed exclusively for motor	25928
racing, and does not include a stock or production model vehicle	25929
that may be modified for use in racing. For the purposes of this	25930
division:	25931

(1) A "competitive professional racing event" is a motor	25932
vehicle racing event sanctioned by one or more motor racing	25933
sanctioning organizations, at which aggregate cash prizes in	25934
excess of eight hundred thousand dollars are awarded to the	25935
competitors.	25936

(2) "Full-time employee" means an individual who is employed	25937
for consideration for thirty-five or more hours a week, or who	25938
renders any other standard of service generally accepted by custom	25939
or specified by contract as full-time employment.	25940

(UU)(1) "Lease" or "rental" means any transfer of the	25941
possession or control of tangible personal property for a fixed or	25942
indefinite term, for consideration. "Lease" or "rental" includes	25943
future options to purchase or extend, and agreements described in	25944
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	25945
the amount of consideration may be increased or decreased by	25946
reference to the amount realized upon the sale or disposition of	25947
the property. "Lease" or "rental" does not include:	25948

(a) A transfer of possession or control of tangible personal	25949
property under a security agreement or a deferred payment plan	25950
that requires the transfer of title upon completion of the	25951
required payments;	25952

(b) A transfer of possession or control of tangible personal	25953
property under an agreement that requires the transfer of title	25954
upon completion of required payments and payment of an option	25955
price that does not exceed the greater of one hundred dollars or	25956
one per cent of the total required payments;	25957

(c) Providing tangible personal property along with an	25958
operator for a fixed or indefinite period of time, if the operator	25959
is necessary for the property to perform as designed. For purposes	25960
of this division, the operator must do more than maintain,	25961
inspect, or set-up the tangible personal property.	25962

(2) "Lease" and "rental," as defined in division (UU) of this	25963
section, shall not apply to leases or rentals that exist before	25964
June 26, 2003.	25965

(3) "Lease" and "rental" have the same meaning as in division	25966
(UU)(1) of this section regardless of whether a transaction is	25967
characterized as a lease or rental under generally accepted	25968
accounting principles, the Internal Revenue Code, Title XIII of	25969
the Revised Code, or other federal, state, or local laws.	25970

(VV) "Mobile telecommunications service" has the same meaning	25971
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	25972
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	25973
on and after August 1, 2003, includes related fees and ancillary	25974
services, including universal service fees, detailed billing	25975
service, directory assistance, service initiation, voice mail	25976
service, and vertical services, such as caller ID and three-way	25977
calling.	25978

(WW) "Certified service provider" has the same meaning as in	25979
section 5740.01 of the Revised Code.	25980

(XX) "Satellite broadcasting service" means the distribution	25981
or broadcasting of programming or services by satellite directly	25982
to the subscriber's receiving equipment without the use of ground	25983
receiving or distribution equipment, except the subscriber's	25984
receiving equipment or equipment used in the uplink process to the	25985
satellite, and includes all service and rental charges, premium	25986
channels or other special services, installation and repair	25987
service charges, and any other charges having any connection with	25988
the provision of the satellite broadcasting service.	25989

(YY) "Tangible personal property" means personal property	25990
that can be seen, weighed, measured, felt, or touched, or that is	25991
in any other manner perceptible to the senses. For purposes of	25992
this chapter and Chapter 5741. of the Revised Code, "tangible	25993
personal property" includes motor vehicles, electricity, water,	25994
gas, steam, and prewritten computer software.	25995

(ZZ) "Direct mail" means printed material delivered or	25996
distributed by United States mail or other delivery service to a	25997
mass audience or to addressees on a mailing list provided by the	25998
consumer or at the direction of the consumer when the cost of the	25999
items are not billed directly to the recipients. "Direct mail"	26000
includes tangible personal property supplied directly or	26001
indirectly by the consumer to the direct mail vendor for inclusion	26002
in the package containing the printed material. "Direct mail" does	26003
not include multiple items of printed material delivered to a	26004
single address.	26005

(AAA) "Computer" means an electronic device that accepts	26006
information in digital or similar form and manipulates it for a	26007
result based on a sequence of instructions.	26008

(BBB) "Computer software" means a set of coded instructions	26009
designed to cause a computer or automatic data processing	26010
equipment to perform a task.	26011

(CCC) "Delivered electronically" means delivery of computer	26012
software from the seller to the purchaser by means other than	26013
tangible storage media.	26014

(DDD) "Prewritten computer software" means computer software,	26015
including prewritten upgrades, that is not designed and developed	26016
by the author or other creator to the specifications of a specific	26017
purchaser. The combining of two or more prewritten computer	26018
software programs or prewritten portions thereof does not cause	26019
the combination to be other than prewritten computer software.	26020
"Prewritten computer software" includes software designed and	26021
developed by the author or other creator to the specifications of	26022
a specific purchaser when it is sold to a person other than the	26023
purchaser. If a person modifies or enhances computer software of	26024
which the person is not the author or creator, the person shall be	26025
deemed to be the author or creator only of such person's	26026
modifications or enhancements. Prewritten computer software or a	26027
prewritten portion thereof that is modified or enhanced to any	26028
degree, where such modification or enhancement is designed and	26029
developed to the specifications of a specific purchaser, remains	26030
prewritten computer software; provided, however, that where there	26031
is a reasonable, separately stated charge or an invoice or other	26032
statement of the price given to the purchaser for the modification	26033
or enhancement, the modification or enhancement shall not	26034
constitute prewritten computer software.	26035

(EEE)(1) "Food" means substances, whether in liquid,	26036
concentrated, solid, frozen, dried, or dehydrated form, that are	26037
sold for ingestion or chewing by humans and are consumed for their	26038
taste or nutritional value. "Food" does not include alcoholic	26039
beverages, dietary supplements, soft drinks, or tobacco.	26040

(2) As used in division (EEE)(1) of this section:

26041

(a) "Alcoholic beverages" means beverages that are suitable	26042
for human consumption and contain one-half of one per cent or more	26043
of alcohol by volume.	26044

(b) "Dietary supplements" means any product, other than	26045
tobacco, that is intended to supplement the diet and that is	26046
intended for ingestion in tablet, capsule, powder, softgel,	26047
gelcap, or liquid form, or, if not intended for ingestion in such	26048
a form, is not represented as conventional food for use as a sole	26049
item of a meal or of the diet; that is required to be labeled as a	26050
dietary supplement, identifiable by the "supplement facts" box	26051
found on the label, as required by 21 C.F.R. 101.36; and that	26052
contains one or more of the following dietary ingredients:	26053

(i) A vitamin;

26054

(ii) A mineral;

26055

(iii) An herb or other botanical;

26056

(iv) An amino acid;

26057

(v) A dietary substance for use by humans to supplement the	26058
diet by increasing the total dietary intake;	26059

(vi) A concentrate, metabolite, constituent, extract, or	26060
combination of any ingredient described in divisions	26061
(EEE)(2)(b)(i) to (v) of this section.	26062

(c) "Soft drinks" means nonalcoholic beverages that contain	26063
natural or artificial sweeteners. "Soft drinks" does not include	26064
beverages that contain milk or milk products, soy, rice, or	26065
similar milk substitutes, or that contains greater than fifty per	26066
cent vegetable or fruit juice by volume.	26067

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	26068
tobacco, or any other item that contains tobacco.	26069

(FFF) "Drug" means a compound, substance, or preparation, and	26070
any component of a compound, substance, or preparation, other than	26071
food, dietary supplements, or alcoholic beverages that is	26072
recognized in the official United States pharmacopoeia, official	26073
homeopathic pharmacopoeia of the United States, or official	26074
national formulary, and supplements to them; is intended for use	26075
in the diagnosis, cure, mitigation, treatment, or prevention of	26076
disease; or is intended to affect the structure or any function of	26077
the body.	26078

(GGG) "Prescription" means an order, formula, or recipe	26079
issued in any form of oral, written, electronic, or other means of	26080
transmission by a duly licensed practitioner authorized by the	26081
laws of this state to issue a prescription.	26082

(HHH) "Durable medical equipment" means equipment, including	26083
repair and replacement parts for such equipment, that can	26084
withstand repeated use, is primarily and customarily used to serve	26085
a medical purpose, generally is not useful to a person in the	26086
absence of illness or injury, and is not worn in or on the body.	26087
"Durable medical equipment" does not include mobility enhancing	26088
equipment.	26089

(III) "Mobility enhancing equipment" means equipment,	26090
including repair and replacement parts for such equipment, that is	26091
primarily and customarily used to provide or increase the ability	26092
to move from one place to another and is appropriate for use	26093
either in a home or a motor vehicle, that is not generally used by	26094
persons with normal mobility, and that does not include any motor	26095
vehicle or equipment on a motor vehicle normally provided by a	26096
motor vehicle manufacturer. "Mobility enhancing equipment" does	26097
not include durable medical equipment.	26098

(JJJ) "Prosthetic device" means a replacement, corrective, or	26099
supportive device, including repair and replacement parts for the	26100
device, worn on or in the human body to artificially replace a	26101
missing portion of the body, prevent or correct physical deformity	26102
or malfunction, or support a weak or deformed portion of the body.	26103
As used in this division, "prosthetic device" does not include	26104
corrective eyeglasses, contact lenses, or dental prosthesis.	26105

(KKK)(1) "Fractional aircraft ownership program" means a	26106
program in which persons within an affiliated group sell and	26107
manage fractional ownership program aircraft, provided that at	26108
least one hundred airworthy aircraft are operated in the program	26109
and the program meets all of the following criteria:	26110

(a) Management services are provided by at least one program	26111
manager within an affiliated group on behalf of the fractional	26112
owners.	26113

(b) Each program aircraft is owned or possessed by at least	26114
one fractional owner.	26115

(c) Each fractional owner owns or possesses at least a	26116
one-sixteenth interest in at least one fixed-wing program	26117
aircraft.	26118

(d) A dry-lease aircraft interchange arrangement is in	26119
effect among all of the fractional owners.	26120

(e) Multi-year program agreements are in effect regarding the	26121
fractional ownership, management services, and dry-lease aircraft	26122
interchange arrangement aspects of the program.	26123

(2) As used in division (KKK)(1) of this section:

26124

(a) "Affiliated group" has the same meaning as in division	26125
(B)(3)(e) of this section.	26126

(b) "Fractional owner" means a person that owns or possesses	26127
at least a one-sixteenth interest in a program aircraft and has	26128
entered into the agreements described in division (KKK)(1)(e) of	26129
this section.	26130

(c) "Fractional ownership program aircraft" or "program	26131
aircraft" means a turbojet aircraft that is owned or possessed by	26132
a fractional owner and that has been included in a dry-lease	26133
aircraft interchange arrangement and agreement under divisions	26134
(KKK)(1)(d) and (e) of this section, or an aircraft a program	26135
manager owns or possesses primarily for use in a fractional	26136
aircraft ownership program.	26137

(d) "Management services" means administrative and aviation	26138
support services furnished under a fractional aircraft ownership	26139
program in accordance with a management services agreement under	26140
division (KKK)(1)(e) of this section, and offered by the program	26141
manager to the fractional owners, including, at a minimum, the	26142
establishment and implementation of safety guidelines; the	26143
coordination of the scheduling of the program aircraft and crews;	26144
program aircraft maintenance; program aircraft insurance; crew	26145
training for crews employed, furnished, or contracted by the	26146
program manager or the fractional owner; the satisfaction of	26147
record-keeping requirements; and the development and use of an	26148
operations manual and a maintenance manual for the fractional	26149
aircraft ownership program.	26150

(e) "Program manager" means the person that offers management	26151
services to fractional owners pursuant to a management services	26152
agreement under division (KKK)(1)(e) of this section.	26153

(LLL) "Electronic publishing" means providing access to one	26154
or more of the following primarily for business customers,	26155
including the federal government or a state government or a	26156
political subdivision thereof, to conduct research: news;	26157
business, financial, legal, consumer, or credit materials;	26158
editorials, columns, reader commentary, or features; photos or	26159
images; archival or research material; legal notices, identity	26160
verification, or public records; scientific, educational,	26161
instructional, technical, professional, trade, or other literary	26162
materials; or other similar information which has been gathered	26163
and made available by the provider to the consumer in an	26164
electronic format. Providing electronic publishing includes the	26165
functions necessary for the acquisition, formatting, editing,	26166
storage, and dissemination of data or information that is the	26167
subject of a sale.	26168

Sec. 5739.02. For the purpose of providing revenue with	26169
which to meet the needs of the state, for the use of the general	26170
revenue fund of the state, for the purpose of securing a thorough	26171
and efficient system of common schools throughout the state, for	26172
the purpose of affording revenues, in addition to those from	26173
general property taxes, permitted under constitutional	26174
limitations, and from other sources, for the support of local	26175
governmental functions, and for the purpose of reimbursing the	26176
state for the expense of administering this chapter, an excise tax	26177
is hereby levied on each retail sale made in this state.	26178

(A)(1) The tax shall be collected as provided in section	26179
5739.025 of the Revised Code~~, provided that on and after July 1,~~	26180
~~2003, and on or before June 30, 2005, the rate of tax shall be six~~	26181
~~per cent. On and after July 1, 2005, the~~. The rate of the tax	26182
shall be five and one-half per cent. The tax applies and is	26183
collectible when the sale is made, regardless of the time when	26184
the price is paid or delivered.	26185

(2) In the case of the lease or rental, with a fixed term of	26186
more than thirty days or an indefinite term with a minimum period	26187
of more than thirty days, of any motor vehicles designed by the	26188
manufacturer to carry a load of not more than one ton, watercraft,	26189
outboard motor, or aircraft, or of any tangible personal property,	26190
other than motor vehicles designed by the manufacturer to carry a	26191
load of more than one ton, to be used by the lessee or renter	26192
primarily for business purposes, the tax shall be collected by the	26193
vendor at the time the lease or rental is consummated and shall be	26194
calculated by the vendor on the basis of the total amount to be	26195
paid by the lessee or renter under the lease agreement. If the	26196
total amount of the consideration for the lease or rental includes	26197
amounts that are not calculated at the time the lease or rental is	26198
executed, the tax shall be calculated and collected by the vendor	26199
at the time such amounts are billed to the lessee or renter. In	26200
the case of an open-end lease or rental, the tax shall be	26201
calculated by the vendor on the basis of the total amount to be	26202
paid during the initial fixed term of the lease or rental, and for	26203
each subsequent renewal period as it comes due. As used in this	26204
division, "motor vehicle" has the same meaning as in section	26205
4501.01 of the Revised Code, and "watercraft" includes an outdrive	26206
unit attached to the watercraft.	26207

A lease with a renewal clause and a termination penalty or	26208
similar provision that applies if the renewal clause is not	26209
exercised is presumed to be a sham transaction. In such a case,	26210
the tax shall be calculated and paid on the basis of the entire	26211
length of the lease period, including any renewal periods, until	26212
the termination penalty or similar provision no longer applies.	26213
The taxpayer shall bear the burden, by a preponderance of the	26214
evidence, that the transaction or series of transactions is not a	26215
sham transaction.	26216

(3) Except as provided in division (A)(2) of this section, in	26217
the case of a sale, the price of which consists in whole or in	26218
part of the lease or rental of tangible personal property, the tax	26219
shall be measured by the installments of that lease or rental.	26220

(4) In the case of a sale of a physical fitness facility	26221
service or recreation and sports club service, the price of which	26222
consists in whole or in part of a membership for the receipt of	26223
the benefit of the service, the tax applicable to the sale shall	26224
be measured by the installments thereof.	26225

(B) The tax does not apply to the following:

26226

(1) Sales to the state or any of its political subdivisions,	26227
or to any other state or its political subdivisions if the laws of	26228
that state exempt from taxation sales made to this state and its	26229
political subdivisions;	26230

(2) Sales of food for human consumption off the premises	26231
where sold;	26232

(3) Sales of food sold to students only in a cafeteria,	26233
dormitory, fraternity, or sorority maintained in a private,	26234
public, or parochial school, college, or university;	26235

(4) Sales of newspapers and of magazine subscriptions and	26236
sales or transfers of magazines distributed as controlled	26237
circulation publications;	26238

(5) The furnishing, preparing, or serving of meals without	26239
charge by an employer to an employee provided the employer records	26240
the meals as part compensation for services performed or work	26241
done;	26242

(6) Sales of motor fuel upon receipt, use, distribution, or	26243
sale of which in this state a tax is imposed by the law of this	26244
state, but this exemption shall not apply to the sale of motor	26245
fuel on which a refund of the tax is allowable under division (A)	26246
of section 5735.14 of the Revised Code; and the tax commissioner	26247
may deduct the amount of tax levied by this section applicable to	26248
the price of motor fuel when granting a refund of motor fuel tax	26249
pursuant to division (A) of section 5735.14 of the Revised Code	26250
and shall cause the amount deducted to be paid into the general	26251
revenue fund of this state;	26252

(7) Sales of natural gas by a natural gas company, of water	26253
by a water-works company, or of steam by a heating company, if in	26254
each case the thing sold is delivered to consumers through pipes	26255
or conduits, and all sales of communications services by a	26256
telegraph company, all terms as defined in section 5727.01 of the	26257
Revised Code, and sales of electricity delivered through wires;	26258

(8) Casual sales by a person, or auctioneer employed directly	26259
by the person to conduct such sales, except as to such sales of	26260
motor vehicles, watercraft or outboard motors required to be	26261
titled under section 1548.06 of the Revised Code, watercraft	26262
documented with the United States coast guard, snowmobiles, and	26263
all-purpose vehicles as defined in section 4519.01 of the Revised	26264
Code;	26265

(9)(a) Sales of services or tangible personal property, other	26266
than motor vehicles, mobile homes, and manufactured homes, by	26267
churches, organizations exempt from taxation under section	26268
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	26269
organizations operated exclusively for charitable purposes as	26270
defined in division (B)(12) of this section, provided that the	26271
number of days on which such tangible personal property or	26272
services, other than items never subject to the tax, are sold does	26273
not exceed six in any calendar year, except as otherwise provided	26274
in division (B)(9)(b) of this section. If the number of days on	26275
which such sales are made exceeds six in any calendar year, the	26276
church or organization shall be considered to be engaged in	26277
business and all subsequent sales by it shall be subject to the	26278
tax. In counting the number of days, all sales by groups within a	26279
church or within an organization shall be considered to be sales	26280
of that church or organization.	26281

(b) The limitation on the number of days on which tax-exempt	26282
sales may be made by a church or organization under division	26283
(B)(9)(a) of this section does not apply to sales made by student	26284
clubs and other groups of students of a primary or secondary	26285
school, or a parent-teacher association, booster group, or similar	26286
organization that raises money to support or fund curricular or	26287
extracurricular activities of a primary or secondary school.	26288

(c) Divisions (B)(9)(a) and (b) of this section do not apply	26289
to sales by a noncommercial educational radio or television	26290
broadcasting station.	26291

(10) Sales not within the taxing power of this state under	26292
the Constitution of the United States;	26293

(11) Except for transactions that are sales under division	26294
(B)(3)(r) of section 5739.01 of the Revised Code, the	26295
transportation of persons or property, unless the transportation	26296
is by a private investigation and security service;	26297

(12) Sales of tangible personal property or services to	26298
churches, to organizations exempt from taxation under section	26299
501(c)(3) of the Internal Revenue Code of 1986, and to any other	26300
nonprofit organizations operated exclusively for charitable	26301
purposes in this state, no part of the net income of which inures	26302
to the benefit of any private shareholder or individual, and no	26303
substantial part of the activities of which consists of carrying	26304
on propaganda or otherwise attempting to influence legislation;	26305
sales to offices administering one or more homes for the aged or	26306
one or more hospital facilities exempt under section 140.08 of the	26307
Revised Code; and sales to organizations described in division (D)	26308
of section 5709.12 of the Revised Code.	26309

"Charitable purposes" means the relief of poverty; the	26310
improvement of health through the alleviation of illness, disease,	26311
or injury; the operation of an organization exclusively for the	26312
provision of professional, laundry, printing, and purchasing	26313
services to hospitals or charitable institutions; the operation of	26314
a home for the aged, as defined in section 5701.13 of the Revised	26315
Code; the operation of a radio or television broadcasting station	26316
that is licensed by the federal communications commission as a	26317
noncommercial educational radio or television station; the	26318
operation of a nonprofit animal adoption service or a county	26319
humane society; the promotion of education by an institution of	26320
learning that maintains a faculty of qualified instructors,	26321
teaches regular continuous courses of study, and confers a	26322
recognized diploma upon completion of a specific curriculum; the	26323
operation of a parent-teacher association, booster group, or	26324
similar organization primarily engaged in the promotion and	26325
support of the curricular or extracurricular activities of a	26326
primary or secondary school; the operation of a community or area	26327
center in which presentations in music, dramatics, the arts, and	26328
related fields are made in order to foster public interest and	26329
education therein; the production of performances in music,	26330
dramatics, and the arts; or the promotion of education by an	26331
organization engaged in carrying on research in, or the	26332
dissemination of, scientific and technological knowledge and	26333
information primarily for the public.	26334

Nothing in this division shall be deemed to exempt sales to	26335
any organization for use in the operation or carrying on of a	26336
trade or business, or sales to a home for the aged for use in the	26337
operation of independent living facilities as defined in division	26338
(A) of section 5709.12 of the Revised Code.	26339

(13) Building and construction materials and services sold to	26340
construction contractors for incorporation into a structure or	26341
improvement to real property under a construction contract with	26342
this state or a political subdivision of this state, or with the	26343
United States government or any of its agencies; building and	26344
construction materials and services sold to construction	26345
contractors for incorporation into a structure or improvement to	26346
real property that are accepted for ownership by this state or any	26347
of its political subdivisions, or by the United States government	26348
or any of its agencies at the time of completion of the structures	26349
or improvements; building and construction materials sold to	26350
construction contractors for incorporation into a horticulture	26351
structure or livestock structure for a person engaged in the	26352
business of horticulture or producing livestock; building	26353
materials and services sold to a construction contractor for	26354
incorporation into a house of public worship or religious	26355
education, or a building used exclusively for charitable purposes	26356
under a construction contract with an organization whose purpose	26357
is as described in division (B)(12) of this section; building	26358
materials and services sold to a construction contractor for	26359
incorporation into a building under a construction contract with	26360
an organization exempt from taxation under section 501(c)(3) of	26361
the Internal Revenue Code of 1986 when the building is to be used	26362
exclusively for the organization's exempt purposes; building and	26363
construction materials sold for incorporation into the original	26364
construction of a sports facility under section 307.696 of the	26365
Revised Code; and building and construction materials and services	26366
sold to a construction contractor for incorporation into real	26367
property outside this state if such materials and services, when	26368
sold to a construction contractor in the state in which the real	26369
property is located for incorporation into real property in that	26370
state, would be exempt from a tax on sales levied by that state;	26371

(14) Sales of ships or vessels or rail rolling stock used or	26372
to be used principally in interstate or foreign commerce, and	26373
repairs, alterations, fuel, and lubricants for such ships or	26374
vessels or rail rolling stock;	26375

(15) Sales to persons primarily engaged in any of the	26376
activities mentioned in division (B)(42)(a) or (g) of this	26377
section, to persons engaged in making retail sales, or to persons	26378
who purchase for sale from a manufacturer tangible personal	26379
property that was produced by the manufacturer in accordance with	26380
specific designs provided by the purchaser, of packages, including	26381
material, labels, and parts for packages, and of machinery,	26382
equipment, and material for use primarily in packaging tangible	26383
personal property produced for sale, including any machinery,	26384
equipment, and supplies used to make labels or packages, to	26385
prepare packages or products for labeling, or to label packages or	26386
products, by or on the order of the person doing the packaging, or	26387
sold at retail. "Packages" includes bags, baskets, cartons,	26388
crates, boxes, cans, bottles, bindings, wrappings, and other	26389
similar devices and containers, but does not include motor	26390
vehicles or bulk tanks, trailers, or similar devices attached to	26391
motor vehicles. "Packaging" means placing in a package. Division	26392
(B)(15) of this section does not apply to persons engaged in	26393
highway transportation for hire.	26394

(16) Sales of food to persons using food stamp benefits to	26395
purchase the food. As used in this division, "food" has the same	26396
meaning as in the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.	26397
2012, as amended, and federal regulations adopted pursuant to that	26398
act.	26399

(17) Sales to persons engaged in farming, agriculture,	26400
horticulture, or floriculture, of tangible personal property for	26401
use or consumption directly in the production by farming,	26402
agriculture, horticulture, or floriculture of other tangible	26403
personal property for use or consumption directly in the	26404
production of tangible personal property for sale by farming,	26405
agriculture, horticulture, or floriculture; or material and parts	26406
for incorporation into any such tangible personal property for use	26407
or consumption in production; and of tangible personal property	26408
for such use or consumption in the conditioning or holding of	26409
products produced by and for such use, consumption, or sale by	26410
persons engaged in farming, agriculture, horticulture, or	26411
floriculture, except where such property is incorporated into real	26412
property;	26413

(18) Sales of drugs for a human being that may be dispensed	26414
only pursuant to a prescription; insulin as recognized in the	26415
official United States pharmacopoeia; urine and blood testing	26416
materials when used by diabetics or persons with hypoglycemia to	26417
test for glucose or acetone; hypodermic syringes and needles when	26418
used by diabetics for insulin injections; epoetin alfa when	26419
purchased for use in the treatment of persons with medical	26420
disease; hospital beds when purchased by hospitals, nursing homes,	26421
or other medical facilities; and medical oxygen and medical	26422
oxygen-dispensing equipment when purchased by hospitals, nursing	26423
homes, or other medical facilities;	26424

(19) Sales of prosthetic devices, durable medical equipment	26425
for home use, or mobility enhancing equipment, when made pursuant	26426
to a prescription and when such devices or equipment are for use	26427
by a human being.	26428

(20) Sales of emergency and fire protection vehicles and	26429
equipment to nonprofit organizations for use solely in providing	26430
fire protection and emergency services, including trauma care and	26431
emergency medical services, for political subdivisions of the	26432
state;	26433

(21) Sales of tangible personal property manufactured in this	26434
state, if sold by the manufacturer in this state to a retailer for	26435
use in the retail business of the retailer outside of this state	26436
and if possession is taken from the manufacturer by the purchaser	26437
within this state for the sole purpose of immediately removing the	26438
same from this state in a vehicle owned by the purchaser;	26439

(22) Sales of services provided by the state or any of its	26440
political subdivisions, agencies, instrumentalities, institutions,	26441
or authorities, or by governmental entities of the state or any of	26442
its political subdivisions, agencies, instrumentalities,	26443
institutions, or authorities;	26444

(23) Sales of motor vehicles to nonresidents of this state	26445
under the circumstances described in division (B) of section	26446
5739.029 of the Revised Code;	26447

(24) Sales to persons engaged in the preparation of eggs for	26448
sale of tangible personal property used or consumed directly in	26449
such preparation, including such tangible personal property used	26450
for cleaning, sanitizing, preserving, grading, sorting, and	26451
classifying by size; packages, including material and parts for	26452
packages, and machinery, equipment, and material for use in	26453
packaging eggs for sale; and handling and transportation equipment	26454
and parts therefor, except motor vehicles licensed to operate on	26455
public highways, used in intraplant or interplant transfers or	26456
shipment of eggs in the process of preparation for sale, when the	26457
plant or plants within or between which such transfers or	26458
shipments occur are operated by the same person. "Packages"	26459
includes containers, cases, baskets, flats, fillers, filler flats,	26460
cartons, closure materials, labels, and labeling materials, and	26461
"packaging" means placing therein.	26462

(25)(a) Sales of water to a consumer for residential use,	26463
except the sale of bottled water, distilled water, mineral water,	26464
carbonated water, or ice;	26465

(b) Sales of water by a nonprofit corporation engaged	26466
exclusively in the treatment, distribution, and sale of water to	26467
consumers, if such water is delivered to consumers through pipes	26468
or tubing.	26469

(26) Fees charged for inspection or reinspection of motor	26470
vehicles under section 3704.14 of the Revised Code;	26471

(27) Sales to persons licensed to conduct a food service	26472
operation pursuant to section 3717.43 of the Revised Code, of	26473
tangible personal property primarily used directly for the	26474
following:	26475

(a) To prepare food for human consumption for sale;

26476

(b) To preserve food that has been or will be prepared for	26477
human consumption for sale by the food service operator, not	26478
including tangible personal property used to display food for	26479
selection by the consumer;	26480

(c) To clean tangible personal property used to prepare or	26481
serve food for human consumption for sale.	26482

(28) Sales of animals by nonprofit animal adoption services	26483
or county humane societies;	26484

(29) Sales of services to a corporation described in division	26485
(A) of section 5709.72 of the Revised Code, and sales of tangible	26486
personal property that qualifies for exemption from taxation under	26487
section 5709.72 of the Revised Code;	26488

(30) Sales and installation of agricultural land tile, as	26489
defined in division (B)(5)(a) of section 5739.01 of the Revised	26490
Code;	26491

(31) Sales and erection or installation of portable grain	26492
bins, as defined in division (B)(5)(b) of section 5739.01 of the	26493
Revised Code;	26494

(32) The sale, lease, repair, and maintenance of, parts for,	26495
or items attached to or incorporated in, motor vehicles that are	26496
primarily used for transporting tangible personal property	26497
belonging to others by a person engaged in highway transportation	26498
for hire, except for packages and packaging used for the	26499
transportation of tangible personal property;	26500

(33) Sales to the state headquarters of any veterans'	26501
organization in this state that is either incorporated and issued	26502
a charter by the congress of the United States or is recognized by	26503
the United States veterans administration, for use by the	26504
headquarters;	26505

(34) Sales to a telecommunications service vendor, mobile	26506
telecommunications service vendor, or satellite broadcasting	26507
service vendor of tangible personal property and services used	26508
directly and primarily in transmitting, receiving, switching, or	26509
recording any interactive, one- or two-way electromagnetic	26510
communications, including voice, image, data, and information,	26511
through the use of any medium, including, but not limited to,	26512
poles, wires, cables, switching equipment, computers, and record	26513
storage devices and media, and component parts for the tangible	26514
personal property. The exemption provided in this division shall	26515
be in lieu of all other exemptions under division (B)(42)(a) of	26516
this section to which the vendor may otherwise be entitled, based	26517
upon the use of the thing purchased in providing the	26518
telecommunications, mobile telecommunications, or satellite	26519
broadcasting service.	26520

(35)(a) Sales where the purpose of the consumer is to use or	26521
consume the things transferred in making retail sales and	26522
consisting of newspaper inserts, catalogues, coupons, flyers, gift	26523
certificates, or other advertising material that prices and	26524
describes tangible personal property offered for retail sale.	26525

(b) Sales to direct marketing vendors of preliminary	26526
materials such as photographs, artwork, and typesetting that will	26527
be used in printing advertising material; of printed matter that	26528
offers free merchandise or chances to win sweepstake prizes and	26529
that is mailed to potential customers with advertising material	26530
described in division (B)(35)(a) of this section; and of equipment	26531
such as telephones, computers, facsimile machines, and similar	26532
tangible personal property primarily used to accept orders for	26533
direct marketing retail sales.	26534

(c) Sales of automatic food vending machines that preserve	26535
food with a shelf life of forty-five days or less by refrigeration	26536
and dispense it to the consumer.	26537

For purposes of division (B)(35) of this section, "direct	26538
marketing" means the method of selling where consumers order	26539
tangible personal property by United States mail, delivery	26540
service, or telecommunication and the vendor delivers or ships the	26541
tangible personal property sold to the consumer from a warehouse,	26542
catalogue distribution center, or similar fulfillment facility by	26543
means of the United States mail, delivery service, or common	26544
carrier.	26545

(36) Sales to a person engaged in the business of	26546
horticulture or producing livestock of materials to be	26547
incorporated into a horticulture structure or livestock structure;	26548

(37) Sales of personal computers, computer monitors, computer	26549
keyboards, modems, and other peripheral computer equipment to an	26550
individual who is licensed or certified to teach in an elementary	26551
or a secondary school in this state for use by that individual in	26552
preparation for teaching elementary or secondary school students;	26553

(38) Sales to a professional racing team of any of the	26554
following:	26555

(a) Motor racing vehicles;

26556

(b) Repair services for motor racing vehicles;

26557

(c) Items of property that are attached to or incorporated in	26558
motor racing vehicles, including engines, chassis, and all other	26559
components of the vehicles, and all spare, replacement, and	26560
rebuilt parts or components of the vehicles; except not including	26561
tires, consumable fluids, paint, and accessories consisting of	26562
instrumentation sensors and related items added to the vehicle to	26563
collect and transmit data by means of telemetry and other forms of	26564
communication.	26565

(39) Sales of used manufactured homes and used mobile homes,	26566
as defined in section 5739.0210 of the Revised Code, made on or	26567
after January 1, 2000;	26568

(40) Sales of tangible personal property and services to a	26569
provider of electricity used or consumed directly and primarily in	26570
generating, transmitting, or distributing electricity for use by	26571
others, including property that is or is to be incorporated into	26572
and will become a part of the consumer's production, transmission,	26573
or distribution system and that retains its classification as	26574
tangible personal property after incorporation; fuel or power used	26575
in the production, transmission, or distribution of electricity;	26576
and tangible personal property and services used in the repair and	26577
maintenance of the production, transmission, or distribution	26578
system, including only those motor vehicles as are specially	26579
designed and equipped for such use. The exemption provided in this	26580
division shall be in lieu of all other exemptions in division	26581
(B)(42)(a) of this section to which a provider of electricity may	26582
otherwise be entitled based on the use of the tangible personal	26583
property or service purchased in generating, transmitting, or	26584
distributing electricity.	26585

(41) Sales to a person providing services under division	26586
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	26587
personal property and services used directly and primarily in	26588
providing taxable services under that section.	26589

(42) Sales where the purpose of the purchaser is to do any of	26590
the following:	26591

(a) To incorporate the thing transferred as a material or a	26592
part into tangible personal property to be produced for sale by	26593
manufacturing, assembling, processing, or refining; or to use or	26594
consume the thing transferred directly in producing tangible	26595
personal property for sale by mining, including, without	26596
limitation, the extraction from the earth of all substances that	26597
are classed geologically as minerals, production of crude oil and	26598
natural gas, farming, agriculture, horticulture, or floriculture,	26599
or directly in the rendition of a public utility service, except	26600
that the sales tax levied by this section shall be collected upon	26601
all meals, drinks, and food for human consumption sold when	26602
transporting persons. Persons engaged in rendering farming,	26603
agricultural, horticultural, or floricultural services, and	26604
services in the exploration for, and production of, crude oil and	26605
natural gas, for others are deemed engaged directly in farming,	26606
agriculture, horticulture, and floriculture, or exploration for,	26607
and production of, crude oil and natural gas. This paragraph does	26608
not exempt from "retail sale" or "sales at retail" the sale of	26609
tangible personal property that is to be incorporated into a	26610
structure or improvement to real property.	26611

(b) To hold the thing transferred as security for the	26612
performance of an obligation of the vendor;	26613

(c) To resell, hold, use, or consume the thing transferred as	26614
evidence of a contract of insurance;	26615

(d) To use or consume the thing directly in commercial	26616
fishing;	26617

(e) To incorporate the thing transferred as a material or a	26618
part into, or to use or consume the thing transferred directly in	26619
the production of, magazines distributed as controlled circulation	26620
publications;	26621

(f) To use or consume the thing transferred in the production	26622
and preparation in suitable condition for market and sale of	26623
printed, imprinted, overprinted, lithographic, multilithic,	26624
blueprinted, photostatic, or other productions or reproductions of	26625
written or graphic matter;	26626

(g) To use the thing transferred, as described in section	26627
5739.011 of the Revised Code, primarily in a manufacturing	26628
operation to produce tangible personal property for sale;	26629

(h) To use the benefit of a warranty, maintenance or service	26630
contract, or similar agreement, as described in division (B)(7) of	26631
section 5739.01 of the Revised Code, to repair or maintain	26632
tangible personal property, if all of the property that is the	26633
subject of the warranty, contract, or agreement would not be	26634
subject to the tax imposed by this section;	26635

(i) To use the thing transferred as qualified research and	26636
development equipment;	26637

(j) To use or consume the thing transferred primarily in	26638
storing, transporting, mailing, or otherwise handling purchased	26639
sales inventory in a warehouse, distribution center, or similar	26640
facility when the inventory is primarily distributed outside this	26641
state to retail stores of the person who owns or controls the	26642
warehouse, distribution center, or similar facility, to retail	26643
stores of an affiliated group of which that person is a member, or	26644
by means of direct marketing. This division does not apply to	26645
motor vehicles registered for operation on the public highways. As	26646
used in this division, "affiliated group" has the same meaning as	26647
in division (B)(3)(e) of section 5739.01 of the Revised Code and	26648
"direct marketing" has the same meaning as in division (B)(35) of	26649
this section.	26650

(k) To use or consume the thing transferred to fulfill a	26651
contractual obligation incurred by a warrantor pursuant to a	26652
warranty provided as a part of the price of the tangible personal	26653
property sold or by a vendor of a warranty, maintenance or service	26654
contract, or similar agreement the provision of which is defined	26655
as a sale under division (B)(7) of section 5739.01 of the Revised	26656
Code;	26657

(l) To use or consume the thing transferred in the production	26658
of a newspaper for distribution to the public;	26659

(m) To use tangible personal property to perform a service	26660
listed in division (B)(3) of section 5739.01 of the Revised Code,	26661
if the property is or is to be permanently transferred to the	26662
consumer of the service as an integral part of the performance of	26663
the service.;	26664

(n) To use or consume the thing transferred in acquiring,	26665
formatting, editing, storing, and disseminating data or	26666
information by electronic publishing.	26667

As used in division (B)(42) of this section, "thing" includes	26668
all transactions included in divisions (B)(3)(a), (b), and (e) of	26669
section 5739.01 of the Revised Code.	26670

(43) Sales conducted through a coin operated device that	26671
activates vacuum equipment or equipment that dispenses water,	26672
whether or not in combination with soap or other cleaning agents	26673
or wax, to the consumer for the consumer's use on the premises in	26674
washing, cleaning, or waxing a motor vehicle, provided no other	26675
personal property or personal service is provided as part of the	26676
transaction.	26677

(44) Sales of replacement and modification parts for engines,	26678
airframes, instruments, and interiors in, and paint for, aircraft	26679
used primarily in a fractional aircraft ownership program, and	26680
sales of services for the repair, modification, and maintenance of	26681
such aircraft, and machinery, equipment, and supplies primarily	26682
used to provide those services.	26683

(45) Sales of telecommunications service that is used	26684
directly and primarily to perform the functions of a call center.	26685
As used in this division, "call center" means any physical	26686
location where telephone calls are placed or received in high	26687
volume for the purpose of making sales, marketing, customer	26688
service, technical support, or other specialized business	26689
activity, and that employs at least fifty individuals that engage	26690
in call center activities on a full-time basis, or sufficient	26691
individuals to fill fifty full-time equivalent positions.	26692

(46) Sales by a telecommunications service vendor of 900	26693
service to a subscriber. This division does not apply to	26694
information services, as defined in division (FF) of section	26695
5739.01 of the Revised Code.	26696

(47) Sales of value-added non-voice data service. This	26697
division does not apply to any similar service that is not	26698
otherwise a telecommunications service.	26699

(48)(a) Sales of machinery, equipment, and software to a	26700
qualified direct selling entity for use in a warehouse or	26701
distribution center primarily for storing, transporting, or	26702
otherwise handling inventory that is held for sale to independent	26703
salespersons who operate as direct sellers and that is held	26704
primarily for distribution outside this state;	26705

(b) As used in division (B)(48)(a) of this section:

26706

(i) "Direct seller" means a person selling consumer products	26707
to individuals for personal or household use and not from a fixed	26708
retail location, including selling such product at in-home product	26709
demonstrations, parties, and other one-on-one selling.	26710

(ii) "Qualified direct selling entity" means an entity	26711
selling to direct sellers at the time the entity enters into a tax	26712
credit agreement with the tax credit authority pursuant to section	26713
122.17 of the Revised Code, provided that the agreement was	26714
entered into on or after January 1, 2007. Neither contingencies	26715
relevant to the granting of, nor later developments with respect	26716
to, the tax credit shall impair the status of the qualified direct	26717
selling entity under division (B)(48) of this section after	26718
execution of the tax credit agreement by the tax credit authority.	26719

(c) Division (B)(48) of this section is limited to machinery,	26720
equipment, and software first stored, used, or consumed in this	26721
state within the period commencing with the effective date of the	26722
amendment of this section by the capital appropriations act of the	26723
127th general assembly and ending on the date that is five years	26724
after that effective date.	26725

(49) Sales of materials, parts, equipment, or engines used	26726
in the repair or maintenance of aircraft or avionics systems of	26727
such aircraft, and sales of repair, remodeling, replacement, or	26728
maintenance services at a federal aviation administration	26729
certified repair station in this state performed on aircraft or	26730
on an aircraft's avionics, engine, or component materials or	26731
parts. As used in division (B)(49) of this section, "aircraft"	26732
means aircraft of more than six thousand pounds maximum certified	26733
takeoff weight or used exclusively in general aviation.	26734

(50) Sales of full flight simulators that are used for pilot	26735
or flight-crew training, sales of repair or replacement parts or	26736
components, and sales of repair or maintenance services for such	26737
full flight simulators. "Full flight simulator" means a replica	26738
of a specific type, or make, model, and series of aircraft	26739
cockpit. It includes the assemblage of equipment and computer	26740
programs necessary to represent aircraft operations in ground and	26741
flight conditions, a visual system providing an	26742
out-of-the-cockpit view, and a system that provides cues at	26743
least equivalent to those of a three-degree-of-freedom motion	26744
system, and has the full range of capabilities of the systems	26745
installed in the device as described in appendices A and B of	26746
part 60 of chapter 1 of title 14 of the Code of Federal	26747
Regulations.	26748

(C) For the purpose of the proper administration of this	26749
chapter, and to prevent the evasion of the tax, it is presumed	26750
that all sales made in this state are subject to the tax until the	26751
contrary is established.	26752

(D) The levy of this tax on retail sales of recreation and	26753
sports club service shall not prevent a municipal corporation from	26754
levying any tax on recreation and sports club dues or on any	26755
income generated by recreation and sports club dues.	26756

(E) The tax collected by the vendor from the consumer under	26757
this chapter is not part of the price, but is a tax collection for	26758
the benefit of the state, and of counties levying an additional	26759
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	26760
Code and of transit authorities levying an additional sales tax	26761
pursuant to section 5739.023 of the Revised Code. Except for the	26762
discount authorized under section 5739.12 of the Revised Code and	26763
the effects of any rounding pursuant to section 5703.055 of the	26764
Revised Code, no person other than the state or such a county or	26765
transit authority shall derive any benefit from the collection or	26766
payment of the tax levied by this section or section 5739.021,	26767
5739.023, or 5739.026 of the Revised Code.	26768

Sec. 5739.029. (A) Notwithstanding sections 5739.02,	26769
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and	26770
5741.023 of the Revised Code, and except as otherwise provided in	26771
division (B) of this section, the tax due under this chapter on	26772
the sale of a motor vehicle required to be titled under Chapter	26773
4505. of the Revised Code by a motor vehicle dealer to a consumer	26774
that is a nonresident of this state shall be the lesser of the	26775
amount of tax that would be due under this chapter and Chapter	26776
5741. of the Revised Code if the total combined rate were six per	26777
cent, or the amount of tax that would be due, to the state in	26778
which the consumer titles or registers the motor vehicle or to	26779
which the consumer removes the vehicle for use.	26780

(B) No tax is due under this section, any other section of	26781
this chapter, or Chapter 5741. of the Revised Code under any of	26782
the following circumstances:	26783

(1)(a) The consumer intends to immediately remove the motor	26784
vehicle from this state for use outside this state;	26785

(b) Upon removal of the motor vehicle from this state, the	26786
consumer intends to title or register the vehicle in another state	26787
if such titling or registration is required;	26788

(c) The consumer executes an affidavit as required under	26789
division (C) of this section affirming the consumer's intentions	26790
under divisions (B)(1)(a) and (b) of this section; and	26791

(d) The state in which the consumer titles or registers the	26792
motor vehicle or to which the consumer removes the vehicle for use	26793
provides an exemption under circumstances substantially similar to	26794
those described in division (B)(1) of this section.	26795

(2) The state in which the consumer titles or registers the	26796
motor vehicle or to which the consumer removes the vehicle for use	26797
does not provide a credit against its sales or use tax or similar	26798
excise tax for sales or use tax paid to this state.	26799

(3) The state in which the consumer titles or registers the	26800
motor vehicle or to which the consumer removes the vehicle for use	26801
does not impose a sales or use tax or similar excise tax on the	26802
ownership or use of motor vehicles.	26803

(C) Any nonresident consumer that purchases a motor vehicle	26804
from a motor vehicle dealer in this state under the circumstances	26805
described in divisions (B)(1)(a) and (b) of this section shall	26806
execute an affidavit affirming the intentions described in those	26807
divisions. The affidavit shall be executed in triplicate and in	26808
the form specified by the tax commissioner. The affidavit shall be	26809
given to the motor vehicle dealer.	26810

A motor vehicle dealer that accepts in good faith an	26811
affidavit presented under this division by a nonresident consumer	26812
may rely upon the representations made in the affidavit.	26813

(D) A motor vehicle dealer making a sale subject to the tax	26814
under division (A) of this section shall collect the tax due	26815
unless the sale is subject to the exception under division (B) of	26816
this section or unless the sale is not otherwise subject to taxes	26817
levied under sections 5739.02, 5739.021, 5739.023, 5739.026,	26818
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code. In	26819
the case of a sale under the circumstances described in division	26820
(B)(1) of this section, the dealer shall retain one copy of the	26821
affidavit and file the original and the other copy with the clerk	26822
of the court of common pleas. If tax is due under division (A) of	26823
this section, the dealer shall remit the tax collected to the	26824
clerk at the time the dealer obtains the Ohio certificate of title	26825
in the name of the consumer as required under section 4505.06 of	26826
the Revised Code. The clerk shall forward the original affidavit	26827
to the tax commissioner in the manner prescribed by the	26828
commissioner.	26829

Unless a sale is excepted from taxation under division (B) of	26830
this section, upon receipt of an application for certificate of	26831
title a clerk of the court of common pleas shall collect the sales	26832
tax due under division (A) of this section. The clerk shall remit	26833
the tax collected to the tax commissioner in the manner prescribed	26834
by the commissioner.	26835

(E) If a motor vehicle is purchased by a corporation	26836
described in division (B)(6) of section 5739.01 of the Revised	26837
Code, the state of residence of the consumer for the purposes of	26838
this section is the state of residence of the corporation's	26839
principal shareholder.	26840

(F) Any provision of this chapter or of Chapter 5741. of the	26841
Revised Code that is not inconsistent with this section applies to	26842
sales described in division (A) of this section.	26843

(G) As used in this section:

26844

(1) For the purposes of this section only, the sale or	26845
purchase of a motor vehicle does not include a lease or rental of	26846
a motor vehicle subject to division (A)(2) or (3) of section	26847
5739.02 or division (A)(2) or (3) of section 5741.02 of the	26848
Revised Code;	26849

(2) "State," except in reference to "this state," means any	26850
state, district, commonwealth, or territory of the United States	26851
and any province of Canada.	26852

Sec. 5739.09. (A)(1) A board of county commissioners may, by	26853
resolution adopted by a majority of the members of the board, levy	26854
an excise tax not to exceed three per cent on transactions by	26855
which lodging by a hotel is or is to be furnished to transient	26856
guests. The board shall establish all regulations necessary to	26857
provide for the administration and allocation of the tax. The	26858
regulations may prescribe the time for payment of the tax, and may	26859
provide for the imposition of a penalty or interest, or both, for	26860
late payments, provided that the penalty does not exceed ten per	26861
cent of the amount of tax due, and the rate at which interest	26862
accrues does not exceed the rate per annum prescribed pursuant to	26863
section 5703.47 of the Revised Code. Except as provided in	26864
divisions (A)(2), (3), (4), (5), (6), and (7) of this section, the	26865
regulations shall provide, after deducting the real and actual	26866
costs of administering the tax, for the return to each municipal	26867
corporation or township that does not levy an excise tax on the	26868
transactions, a uniform percentage of the tax collected in the	26869
municipal corporation or in the unincorporated portion of the	26870
township from each transaction, not to exceed thirty-three and	26871
one-third per cent. The remainder of the revenue arising from the	26872
tax shall be deposited in a separate fund and shall be spent	26873
solely to make contributions to the convention and visitors'	26874
bureau operating within the county, including a pledge and	26875
contribution of any portion of the remainder pursuant to an	26876
agreement authorized by section 307.695 of the Revised Code,	26877
provided that if the board of county commissioners of an eligible	26878
county as defined in section 307.695 of the Revised Code adopts a	26879
resolution amending a resolution levying a tax under this division	26880
to provide that the revenue from the tax shall be used by the	26881
board as described in division (H) of section 307.695 of the	26882
Revised Code, the remainder of the revenue shall be used as	26883
described in the resolution making that amendment. Except as	26884
provided in division (A)(2), (3), (4), (5), (6), or (7) or (H) of	26885
this section, on and after May 10, 1994, a board of county	26886
commissioners may not levy an excise tax pursuant to this division	26887
in any municipal corporation or township located wholly or partly	26888
within the county that has in effect an ordinance or resolution	26889
levying an excise tax pursuant to division (B) of this section.	26890
The board of a county that has levied a tax under division (C) of	26891
this section may, by resolution adopted within ninety days after	26892
July 15, 1985, by a majority of the members of the board, amend	26893
the resolution levying a tax under this division to provide for a	26894
portion of that tax to be pledged and contributed in accordance	26895
with an agreement entered into under section 307.695 of the	26896
Revised Code. A tax, any revenue from which is pledged pursuant to	26897
such an agreement, shall remain in effect at the rate at which it	26898
is imposed for the duration of the period for which the revenue	26899
from the tax has been so pledged.	26900

The board of county commissioners of an eligible county as	26901
defined in section 307.695 of the Revised Code may, by resolution	26902
adopted by a majority of the members of the board, amend a	26903
resolution levying a tax under this division to provide that the	26904
revenue from the tax shall be used by the board as described in	26905
division (H) of section 307.695 of the Revised Code, in which case	26906
the tax shall remain in effect at the rate at which it was imposed	26907
for the duration of any agreement entered into by the board under	26908
section 307.695 of the Revised Code, the duration during which any	26909
securities issued by the board under that section are outstanding,	26910
or the duration of the period during which the board owns a	26911
project as defined in section 307.695 of the Revised Code,	26912
whichever duration is longest.	26913

(2) A board of county commissioners that levies an excise tax	26914
under division (A)(1) of this section on June 30, 1997, at a rate	26915
of three per cent, and that has pledged revenue from the tax to an	26916
agreement entered into under section 307.695 of the Revised Code	26917
or, in the case of the board of county commissioners of an	26918
eligible county as defined in section 307.695 of the Revised Code,	26919
has amended a resolution levying a tax under division (C) of this	26920
section to provide that proceeds from the tax shall be used by the	26921
board as described in division (H) of section 307.695 of the	26922
Revised Code, may, at any time by a resolution adopted by a	26923
majority of the members of the board, amend the resolution levying	26924
a tax under division (A)(1) of this section to provide for an	26925
increase in the rate of that tax up to seven per cent on each	26926
transaction; to provide that revenue from the increase in the rate	26927
shall be used as described in division (H) of section 307.695 of	26928
the Revised Code or be spent solely to make contributions to the	26929
convention and visitors' bureau operating within the county to be	26930
used specifically for promotion, advertising, and marketing of the	26931
region in which the county is located; and to provide that the	26932
rate in excess of the three per cent levied under division (A)(1)	26933
of this section shall remain in effect at the rate at which it is	26934
imposed for the duration of the period during which any agreement	26935
is in effect that was entered into under section 307.695 of the	26936
Revised Code by the board of county commissioners levying a tax	26937
under division (A)(1) of this section, the duration of the period	26938
during which any securities issued by the board under division (I)	26939
of section 307.695 of the Revised Code are outstanding, or the	26940
duration of the period during which the board owns a project as	26941
defined in section 307.695 of the Revised Code, whichever duration	26942
is longest. The amendment also shall provide that no portion of	26943
that revenue need be returned to townships or municipal	26944
corporations as would otherwise be required under division (A)(1)	26945
of this section.	26946

(3) A board of county commissioners that levies a tax under	26947
division (A)(1) of this section on March 18, 1999, at a rate of	26948
three per cent may, by resolution adopted not later than	26949
forty-five days after March 18, 1999, amend the resolution levying	26950
the tax to provide for all of the following:	26951

(a) That the rate of the tax shall be increased by not more	26952
than an additional four per cent on each transaction;	26953

(b) That all of the revenue from the increase in the rate	26954
shall be pledged and contributed to a convention facilities	26955
authority established by the board of county commissioners under	26956
Chapter 351. of the Revised Code on or before November 15, 1998,	26957
and used to pay costs of constructing, maintaining, operating, and	26958
promoting a facility in the county, including paying bonds, or	26959
notes issued in anticipation of bonds, as provided by that	26960
chapter;	26961

(c) That no portion of the revenue arising from the increase	26962
in rate need be returned to municipal corporations or townships as	26963
otherwise required under division (A)(1) of this section;	26964

(d) That the increase in rate shall not be subject to	26965
diminution by initiative or referendum or by law while any bonds,	26966
or notes in anticipation of bonds, issued by the authority under	26967
Chapter 351. of the Revised Code to which the revenue is pledged,	26968
remain outstanding in accordance with their terms, unless	26969
provision is made by law or by the board of county commissioners	26970
for an adequate substitute therefor that is satisfactory to the	26971
trustee if a trust agreement secures the bonds.	26972

Division (A)(3) of this section does not apply to the board	26973
of county commissioners of any county in which a convention center	26974
or facility exists or is being constructed on November 15, 1998,	26975
or of any county in which a convention facilities authority levies	26976
a tax pursuant to section 351.021 of the Revised Code on that	26977
date.	26978

As used in division (A)(3) of this section, "cost" and	26979
"facility" have the same meanings as in section 351.01 of the	26980
Revised Code, and "convention center" has the same meaning as in	26981
section 307.695 of the Revised Code.	26982

(4)(a) A board of county commissioners that levies a tax	26983
under division (A)(1) of this section on June 30, 2002, at a rate	26984
of three per cent may, by resolution adopted not later than	26985
September 30, 2002, amend the resolution levying the tax to	26986
provide for all of the following:	26987

~~(a)~~(i) That the rate of the tax shall be increased by not	26988
more than an additional three and one-half per cent on each	26989
transaction;	26990

~~(b)~~(ii) That all of the revenue from the increase in rate	26991
shall be pledged and contributed to a convention facilities	26992
authority established by the board of county commissioners under	26993
Chapter 351. of the Revised Code on or before May 15, 2002, and be	26994
used to pay costs of constructing, expanding, maintaining,	26995
operating, or promoting a convention center in the county,	26996
including paying bonds, or notes issued in anticipation of bonds,	26997
as provided by that chapter;	26998

~~(c)~~(iii) That no portion of the revenue arising from the	26999
increase in rate need be returned to municipal corporations or	27000
townships as otherwise required under division (A)(1) of this	27001
section;	27002

~~(d)~~(iv) That the increase in rate shall not be subject to	27003
diminution by initiative or referendum or by law while any bonds,	27004
or notes in anticipation of bonds, issued by the authority under	27005
Chapter 351. of the Revised Code to which the revenue is pledged,	27006
remain outstanding in accordance with their terms, unless	27007
provision is made by law or by the board of county commissioners	27008
for an adequate substitute therefor that is satisfactory to the	27009
trustee if a trust agreement secures the bonds.	27010

(b) Any board of county commissioners that, pursuant to	27011
division (A)(4)(a) of this section, has amended a resolution	27012
levying the tax authorized by division (A)(1) of this section may	27013
further amend the resolution to provide that the revenue referred	27014
to in division (A)(4)(a)(ii) of this section shall be pledged and	27015
contributed both to a convention facilities authority to pay the	27016
costs of constructing, expanding, maintaining, or operating one or	27017
more convention centers in the county, including paying bonds, or	27018
notes issued in anticipation of bonds, as provided in Chapter 351.	27019
of the Revised Code, and to a convention and visitors' bureau to	27020
pay the costs of promoting one or more convention centers in the	27021
county.	27022

As used in division (A)(4) of this section, "cost" has the	27023
same meaning as in section 351.01 of the Revised Code, and	27024
"convention center" has the same meaning as in section 307.695 of	27025
the Revised Code.	27026

(5)(a) As used in division (A)(5) of this section:

27027

(i) "Port authority" means a port authority created under	27028
Chapter 4582. of the Revised Code.	27029

(ii) "Port authority military-use facility" means port	27030
authority facilities on which or adjacent to which is located an	27031
installation of the armed forces of the United States, a reserve	27032
component thereof, or the national guard and at least part of	27033
which is made available for use, for consideration, by the armed	27034
forces of the United States, a reserve component thereof, or the	27035
national guard.	27036

(b) For the purpose of contributing revenue to pay operating	27037
expenses of a port authority that operates a port authority	27038
military-use facility, the board of county commissioners of a	27039
county that created, participated in the creation of, or has	27040
joined such a port authority may do one or both of the following:	27041

(i) Amend a resolution previously adopted under division	27042
(A)(1) of this section to designate some or all of the revenue	27043
from the tax levied under the resolution to be used for that	27044
purpose, notwithstanding that division;	27045

(ii) Amend a resolution previously adopted under division	27046
(A)(1) of this section to increase the rate of the tax by not more	27047
than an additional two per cent and use the revenue from the	27048
increase exclusively for that purpose.	27049

(c) If a board of county commissioners amends a resolution to	27050
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	27051
of this section, the board also may amend the resolution to	27052
specify that the increase in rate of the tax does not apply to	27053
"hotels," as otherwise defined in section 5739.01 of the Revised	27054
Code, having fewer rooms used for the accommodation of guests than	27055
a number of rooms specified by the board.	27056

(6) A board of county commissioners of a county organized	27057
under a county charter adopted pursuant to Article X, Section 3,	27058
Ohio Constitution, and that levies an excise tax under division	27059
(A)(1) of this section at a rate of three per cent and levies an	27060
additional excise tax under division (E) of this section at a rate	27061
of one and one-half per cent may, by resolution adopted not later	27062
than January 1, 2008, by a majority of the members of the board,	27063
amend the resolution levying a tax under division (A)(1) of this	27064
section to provide for an increase in the rate of that tax by not	27065
more than an additional one per cent on transactions by which	27066
lodging by a hotel is or is to be furnished to transient guests.	27067
Notwithstanding divisions (A)(1) and (E) of this section, the	27068
resolution shall provide that all of the revenue from the increase	27069
in rate, after deducting the real and actual costs of	27070
administering the tax, shall be used to pay the costs of	27071
improving, expanding, equipping, financing, or operating a	27072
convention center by a convention and visitors' bureau in the	27073
county. The increase in rate shall remain in effect for the	27074
period specified in the resolution, not to exceed ten years. The	27075
increase in rate shall be subject to the regulations adopted	27076
under division (A)(1) of this section, except that the	27077
resolution may provide that no portion of the revenue from the	27078
increase in the rate shall be returned to townships or municipal	27079
corporations as would otherwise be required under that division.	27080

(7) Division (A)(7) of this section applies only to a county	27081
with a population greater than sixty-five thousand and less than	27082
seventy thousand according to the most recent federal decennial	27083
census and in which, on December 31, 2006, an excise tax is levied	27084
under division (A)(1) of this section at a rate not less than and	27085
not greater than three per cent, and in which the most recent	27086
increase in the rate of that tax was enacted or took effect in	27087
November 1984.	27088

The board of county commissioners of a county to which this	27089
division applies, by resolution adopted by a majority of the	27090
members of the board, may increase the rate of the tax by not more	27091
than one per cent on transactions by which lodging by a hotel is	27092
or is to be furnished to transient guests. The increase in rate	27093
shall be for the purpose of paying expenses deemed necessary by	27094
the convention and visitors' bureau operating in the county to	27095
promote travel and tourism. The increase in rate shall remain in	27096
effect for the period specified in the resolution, not to exceed	27097
twenty years, provided that the increase in rate may not continue	27098
beyond the time when the purpose for which the increase is levied	27099
ceases to exist. If revenue from the increase in rate is pledged	27100
to the payment of debt charges on securities, the increase in rate	27101
is not subject to diminution by initiative or referendum or by law	27102
for so long as the securities are outstanding, unless provision is	27103
made by law or by the board of county commissioners for an	27104
adequate substitute for that revenue that is satisfactory to the	27105
trustee if a trust agreement secures payment of the debt charges.	27106
The increase in rate shall be subject to the regulations adopted	27107
under division (A)(1) of this section, except that the resolution	27108
may provide that no portion of the revenue from the increase in	27109
the rate shall be returned to townships or municipal corporations	27110
as would otherwise be required under division (A)(1) of this	27111
section. A resolution adopted under division (A)(7) of this	27112
section is subject to referendum under sections 305.31 to 305.99	27113
of the Revised Code.	27114

(B)(1) The legislative authority of a municipal corporation	27115
or the board of trustees of a township that is not wholly or	27116
partly located in a county that has in effect a resolution levying	27117
an excise tax pursuant to division (A)(1) of this section may, by	27118
ordinance or resolution, levy an excise tax not to exceed three	27119
per cent on transactions by which lodging by a hotel is or is to	27120
be furnished to transient guests. The legislative authority of the	27121
municipal corporation or the board of trustees of the township	27122
shall deposit at least fifty per cent of the revenue from the tax	27123
levied pursuant to this division into a separate fund, which shall	27124
be spent solely to make contributions to convention and visitors'	27125
bureaus operating within the county in which the municipal	27126
corporation or township is wholly or partly located, and the	27127
balance of that revenue shall be deposited in the general fund.	27128
The municipal corporation or township shall establish all	27129
regulations necessary to provide for the administration and	27130
allocation of the tax. The regulations may prescribe the time for	27131
payment of the tax, and may provide for the imposition of a	27132
penalty or interest, or both, for late payments, provided that the	27133
penalty does not exceed ten per cent of the amount of tax due, and	27134
the rate at which interest accrues does not exceed the rate per	27135
annum prescribed pursuant to section 5703.47 of the Revised Code.	27136
The levy of a tax under this division is in addition to any tax	27137
imposed on the same transaction by a municipal corporation or a	27138
township as authorized by division (A) of section 5739.08 of the	27139
Revised Code.	27140

(2)(a) The legislative authority of the most populous	27141
municipal corporation located wholly or partly in a county in	27142
which the board of county commissioners has levied a tax under	27143
division (A)(4) of this section may amend, on or before September	27144
30, 2002, that municipal corporation's ordinance or resolution	27145
that levies an excise tax on transactions by which lodging by a	27146
hotel is or is to be furnished to transient guests, to provide for	27147
all of the following:	27148

~~(a)~~(i) That the rate of the tax shall be increased by not	27149
more than an additional one per cent on each transaction;	27150

~~(b)~~(ii) That all of the revenue from the increase in rate	27151
shall be pledged and contributed to a convention facilities	27152
authority established by the board of county commissioners under	27153
Chapter 351. of the Revised Code on or before May 15, 2002, and be	27154
used to pay costs of constructing, expanding, maintaining,	27155
operating, or promoting a convention center in the county,	27156
including paying bonds, or notes issued in anticipation of bonds,	27157
as provided by that chapter;	27158

~~(c)~~(iii) That the increase in rate shall not be subject to	27159
diminution by initiative or referendum or by law while any bonds,	27160
or notes in anticipation of bonds, issued by the authority under	27161
Chapter 351. of the Revised Code to which the revenue is pledged,	27162
remain outstanding in accordance with their terms, unless	27163
provision is made by law, by the board of county commissioners, or	27164
by the legislative authority, for an adequate substitute therefor	27165
that is satisfactory to the trustee if a trust agreement secures	27166
the bonds.	27167

(b) The legislative authority of a municipal corporation	27168
that, pursuant to division (B)(2)(a) of this section, has amended	27169
its ordinance or resolution to increase the rate of the tax	27170
authorized by division (B)(1) of this section may further amend	27171
the ordinance or resolution to provide that the revenue referred	27172
to in division (B)(2)(a)(ii) of this section shall be pledged and	27173
contributed both to a convention facilities authority to pay the	27174
costs of constructing, expanding, maintaining, or operating one or	27175
more convention centers in the county, including paying bonds, or	27176
notes issued in anticipation of bonds, as provided in Chapter 351.	27177
of the Revised Code, and to a convention and visitors' bureau to	27178
pay the costs of promoting one or more convention centers in the	27179
county.	27180

As used in division (B)(2) of this section, "cost" has the	27181
same meaning as in section 351.01 of the Revised Code, and	27182
"convention center" has the same meaning as in section 307.695 of	27183
the Revised Code.	27184

(C) For the purposes described in section 307.695 of the	27185
Revised Code and to cover the costs of administering the tax, a	27186
board of county commissioners of a county where a tax imposed	27187
under division (A)(1) of this section is in effect may, by	27188
resolution adopted within ninety days after July 15, 1985, by a	27189
majority of the members of the board, levy an additional excise	27190
tax not to exceed three per cent on transactions by which lodging	27191
by a hotel is or is to be furnished to transient guests. The tax	27192
authorized by this division shall be in addition to any tax that	27193
is levied pursuant to division (A) of this section, but it shall	27194
not apply to transactions subject to a tax levied by a municipal	27195
corporation or township pursuant to the authorization granted by	27196
division (A) of section 5739.08 of the Revised Code. The board	27197
shall establish all regulations necessary to provide for the	27198
administration and allocation of the tax. The regulations may	27199
prescribe the time for payment of the tax, and may provide for the	27200
imposition of a penalty or interest, or both, for late payments,	27201
provided that the penalty does not exceed ten per cent of the	27202
amount of tax due, and the rate at which interest accrues does not	27203
exceed the rate per annum prescribed pursuant to section 5703.47	27204
of the Revised Code. All revenues arising from the tax shall be	27205
expended in accordance with section 307.695 of the Revised Code.	27206
The board of county commissioners of an eligible county as defined	27207
in section 307.695 of the Revised Code may, by resolution adopted	27208
by a majority of the members of the board, amend the resolution	27209
levying a tax under this division to provide that the revenue from	27210
the tax shall be used by the board as described in division (H) of	27211
section 307.695 of the Revised Code. A tax imposed under this	27212
division shall remain in effect at the rate at which it is imposed	27213
for the duration of the period during which any agreement entered	27214
into by the board under section 307.695 of the Revised Code is in	27215
effect, the duration of the period during which any securities	27216
issued by the board under division (I) of section 307.695 of the	27217
Revised Code are outstanding, or the duration of the period during	27218
which the board owns a project as defined in section 307.695 of	27219
the Revised Code, whichever duration is longest.	27220

(D) For the purpose of providing contributions under division	27221
(B)(1) of section 307.671 of the Revised Code to enable the	27222
acquisition, construction, and equipping of a port authority	27223
educational and cultural facility in the county and, to the extent	27224
provided for in the cooperative agreement authorized by that	27225
section, for the purpose of paying debt service charges on bonds,	27226
or notes in anticipation of bonds, described in division (B)(1)(b)	27227
of that section, a board of county commissioners, by resolution	27228
adopted within ninety days after December 22, 1992, by a majority	27229
of the members of the board, may levy an additional excise tax not	27230
to exceed one and one-half per cent on transactions by which	27231
lodging by a hotel is or is to be furnished to transient guests.	27232
The excise tax authorized by this division shall be in addition to	27233
any tax that is levied pursuant to divisions (A), (B), and (C) of	27234
this section, to any excise tax levied pursuant to section 5739.08	27235
of the Revised Code, and to any excise tax levied pursuant to	27236
section 351.021 of the Revised Code. The board of county	27237
commissioners shall establish all regulations necessary to provide	27238
for the administration and allocation of the tax that are not	27239
inconsistent with this section or section 307.671 of the Revised	27240
Code. The regulations may prescribe the time for payment of the	27241
tax, and may provide for the imposition of a penalty or interest,	27242
or both, for late payments, provided that the penalty does not	27243
exceed ten per cent of the amount of tax due, and the rate at	27244
which interest accrues does not exceed the rate per annum	27245
prescribed pursuant to section 5703.47 of the Revised Code. All	27246
revenues arising from the tax shall be expended in accordance with	27247
section 307.671 of the Revised Code and division (D) of this	27248
section. The levy of a tax imposed under this division may not	27249
commence prior to the first day of the month next following the	27250
execution of the cooperative agreement authorized by section	27251
307.671 of the Revised Code by all parties to that agreement. The	27252
tax shall remain in effect at the rate at which it is imposed for	27253
the period of time described in division (C) of section 307.671 of	27254
the Revised Code for which the revenue from the tax has been	27255
pledged by the county to the corporation pursuant to that section,	27256
but, to any extent provided for in the cooperative agreement, for	27257
no lesser period than the period of time required for payment of	27258
the debt service charges on bonds, or notes in anticipation of	27259
bonds, described in division (B)(1)(b) of that section.	27260

(E) For the purpose of paying the costs of acquiring,	27261
constructing, equipping, and improving a municipal educational and	27262
cultural facility, including debt service charges on bonds	27263
provided for in division (B) of section 307.672 of the Revised	27264
Code, and for any additional purposes determined by the county in	27265
the resolution levying the tax or amendments to the resolution,	27266
including subsequent amendments providing for paying costs of	27267
acquiring, constructing, renovating, rehabilitating, equipping,	27268
and improving a port authority educational and cultural performing	27269
arts facility, as defined in section 307.674 of the Revised Code,	27270
and including debt service charges on bonds provided for in	27271
division (B) of section 307.674 of the Revised Code, the	27272
legislative authority of a county, by resolution adopted within	27273
ninety days after June 30, 1993, by a majority of the members of	27274
the legislative authority, may levy an additional excise tax not	27275
to exceed one and one-half per cent on transactions by which	27276
lodging by a hotel is or is to be furnished to transient guests.	27277
The excise tax authorized by this division shall be in addition to	27278
any tax that is levied pursuant to divisions (A), (B), (C), and	27279
(D) of this section, to any excise tax levied pursuant to section	27280
5739.08 of the Revised Code, and to any excise tax levied pursuant	27281
to section 351.021 of the Revised Code. The legislative authority	27282
of the county shall establish all regulations necessary to provide	27283
for the administration and allocation of the tax. The regulations	27284
may prescribe the time for payment of the tax, and may provide for	27285
the imposition of a penalty or interest, or both, for late	27286
payments, provided that the penalty does not exceed ten per cent	27287
of the amount of tax due, and the rate at which interest accrues	27288
does not exceed the rate per annum prescribed pursuant to section	27289
5703.47 of the Revised Code. All revenues arising from the tax	27290
shall be expended in accordance with section 307.672 of the	27291
Revised Code and this division. The levy of a tax imposed under	27292
this division shall not commence prior to the first day of the	27293
month next following the execution of the cooperative agreement	27294
authorized by section 307.672 of the Revised Code by all parties	27295
to that agreement. The tax shall remain in effect at the rate at	27296
which it is imposed for the period of time determined by the	27297
legislative authority of the county. That period of time shall	27298
not exceed fifteen years, except that the legislative authority	27299
of a county with a population of less than two hundred fifty	27300
thousand according to the most recent federal decennial census,	27301
by resolution adopted by a majority of its members before the	27302
original tax expires, may extend the duration of the tax for an	27303
additional period of time. The additional period of time by which	27304
a legislative authority extends a tax levied under this division	27305
shall not exceed fifteen years.	27306

(F) The legislative authority of a county that has levied a	27307
tax under division (E) of this section may, by resolution adopted	27308
within one hundred eighty days after January 4, 2001, by a	27309
majority of the members of the legislative authority, amend the	27310
resolution levying a tax under that division to provide for the	27311
use of the proceeds of that tax, to the extent that it is no	27312
longer needed for its original purpose as determined by the	27313
parties to a cooperative agreement amendment pursuant to division	27314
(D) of section 307.672 of the Revised Code, to pay costs of	27315
acquiring, constructing, renovating, rehabilitating, equipping,	27316
and improving a port authority educational and cultural performing	27317
arts facility, including debt service charges on bonds provided	27318
for in division (B) of section 307.674 of the Revised Code, and to	27319
pay all obligations under any guaranty agreements, reimbursement	27320
agreements, or other credit enhancement agreements described in	27321
division (C) of section 307.674 of the Revised Code. The	27322
resolution may also provide for the extension of the tax at the	27323
same rate for the longer of the period of time determined by the	27324
legislative authority of the county, but not to exceed an	27325
additional twenty-five years, or the period of time required to	27326
pay all debt service charges on bonds provided for in division (B)	27327
of section 307.672 of the Revised Code and on port authority	27328
revenue bonds provided for in division (B) of section 307.674 of	27329
the Revised Code. All revenues arising from the amendment and	27330
extension of the tax shall be expended in accordance with section	27331
307.674 of the Revised Code, this division, and division (E) of	27332
this section.	27333

(G) For purposes of a tax levied by a county, township, or	27334
municipal corporation under this section or section 5739.08 of the	27335
Revised Code, a board of county commissioners, board of township	27336
trustees, or the legislative authority of a municipal corporation	27337
may adopt a resolution or ordinance at any time specifying that	27338
"hotel," as otherwise defined in section 5739.01 of the Revised	27339
Code, includes establishments in which fewer than five rooms are	27340
used for the accommodation of guests. The resolution or ordinance	27341
may apply to a tax imposed pursuant to this section prior to the	27342
adoption of the resolution or ordinance if the resolution or	27343
ordinance so states, but the tax shall not apply to transactions	27344
by which lodging by such an establishment is provided to transient	27345
guests prior to the adoption of the resolution or ordinance.	27346

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

27347

(a) "Convention facilities authority" has the same meaning as	27348
in section 351.01 of the Revised Code.	27349

(b) "Convention center" has the same meaning as in section	27350
307.695 of the Revised Code.	27351

(2) Notwithstanding any contrary provision of division (D) of	27352
this section, the legislative authority of a county with a	27353
population of one million or more according to the most recent	27354
federal decennial census that has levied a tax under division (D)	27355
of this section may, by resolution adopted by a majority of the	27356
members of the legislative authority, provide for the extension of	27357
such levy and may provide that the proceeds of that tax, to the	27358
extent that they are no longer needed for their original purpose	27359
as defined by a cooperative agreement entered into under section	27360
307.671 of the Revised Code, shall be deposited into the county	27361
general revenue fund. The resolution shall provide for the	27362
extension of the tax at a rate not to exceed the rate specified in	27363
division (D) of this section for a period of time determined by	27364
the legislative authority of the county, but not to exceed an	27365
additional forty years.	27366

(3) The legislative authority of a county with a population	27367
of one million or more that has levied a tax under division (A)(1)	27368
of this section may, by resolution adopted by a majority of the	27369
members of the legislative authority, increase the rate of the tax	27370
levied by such county under division (A)(1) of this section to a	27371
rate not to exceed five per cent on transactions by which lodging	27372
by a hotel is or is to be furnished to transient guests.	27373
Notwithstanding any contrary provision of division (A)(1) of this	27374
section, the resolution may provide that all collections resulting	27375
from the rate levied in excess of three per cent, after deducting	27376
the real and actual costs of administering the tax, shall be	27377
deposited in the county general fund.	27378

(4) The legislative authority of a county with a population	27379
of one million or more that has levied a tax under division (A)(1)	27380
of this section may, by resolution adopted on or before August 30,	27381
2004, by a majority of the members of the legislative authority,	27382
provide that all or a portion of the proceeds of the tax levied	27383
under division (A)(1) of this section, after deducting the real	27384
and actual costs of administering the tax and the amounts required	27385
to be returned to townships and municipal corporations with	27386
respect to the first three per cent levied under division (A)(1)	27387
of this section, shall be deposited in the county general fund,	27388
provided that such proceeds shall be used to satisfy any pledges	27389
made in connection with an agreement entered into under section	27390
307.695 of the Revised Code.	27391

(5) No amount collected from a tax levied, extended, or	27392
required to be deposited in the county general fund under division	27393
(H) of this section shall be contributed to a convention	27394
facilities authority, corporation, or other entity created after	27395
July 1, 2003, for the principal purpose of constructing,	27396
improving, expanding, equipping, financing, or operating a	27397
convention center unless the mayor of the municipal corporation	27398
in which the convention center is to be operated by that	27399
convention facilities authority, corporation, or other entity	27400
has consented to the creation of that convention facilities	27401
authority, corporation, or entity. Notwithstanding any contrary	27402
provision of section 351.04 of the Revised Code, if a tax is	27403
levied by a county under division (H) of this section, the board	27404
of county commissioners of that county may determine the manner	27405
of selection, the qualifications, the number, and terms of	27406
office of the members of the board of directors of any convention	27407
facilities authority, corporation, or other entity described in	27408
division (H)(5) of this section.	27409

(6)(a) No amount collected from a tax levied, extended, or	27410
required to be deposited in the county general fund under division	27411
(H) of this section may be used for any purpose other than paying	27412
the direct and indirect costs of constructing, improving,	27413
expanding, equipping, financing, or operating a convention center	27414
and for the real and actual costs of administering the tax,	27415
unless, prior to the adoption of the resolution of the	27416
legislative authority of the county authorizing the levy,	27417
extension, increase, or deposit, the county and the mayor of the	27418
most populous municipal corporation in that county have entered	27419
into an agreement as to the use of such amounts, provided that	27420
such agreement has been approved by a majority of the mayors of	27421
the other municipal corporations in that county. The agreement	27422
shall provide that the amounts to be used for purposes other	27423
than paying the convention center or administrative costs	27424
described in division (H)(6)(a) of this section be used only for	27425
the direct and indirect costs of capital improvements, including	27426
the financing of capital improvements.	27427

(b) If the county in which the tax is levied has an	27428
association of mayors and city managers, the approval of that	27429
association of an agreement described in division (H)(6)(a) of	27430
this section shall be considered to be the approval of the	27431
majority of the mayors of the other municipal corporations for	27432
purposes of that division.	27433

(7) Each year, the auditor of state shall conduct an audit of	27434
the uses of any amounts collected from taxes levied, extended, or	27435
deposited under division (H) of this section and shall prepare a	27436
report of the auditor of state's findings. The auditor of state	27437
shall submit the report to the legislative authority of the county	27438
that has levied, extended, or deposited the tax, the speaker of	27439
the house of representatives, the president of the senate, and the	27440
leaders of the minority parties of the house of representatives	27441
and the senate.	27442

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

27443

(a) "Convention facilities authority" has the same meaning as	27444
in section 351.01 of the Revised Code.	27445

(b) "Convention center" has the same meaning as in section	27446
307.695 of the Revised Code.	27447

(2) Notwithstanding any contrary provision of division (D) of	27448
this section, the legislative authority of a county with a	27449
population of one million two hundred thousand or more according	27450
to the most recent federal decennial census or the most recent	27451
annual population estimate published or released by the United	27452
States census bureau at the time the resolution is adopted placing	27453
the levy on the ballot, that has levied a tax under division (D)	27454
of this section may, by resolution adopted by a majority of the	27455
members of the legislative authority, provide for the extension of	27456
such levy and may provide that the proceeds of that tax, to the	27457
extent that the proceeds are no longer needed for their original	27458
purpose as defined by a cooperative agreement entered into under	27459
section 307.671 of the Revised Code and after deducting the real	27460
and actual costs of administering the tax, shall be used for	27461
paying the direct and indirect costs of constructing, improving,	27462
expanding, equipping, financing, or operating a convention center.	27463
The resolution shall provide for the extension of the tax at a	27464
rate not to exceed the rate specified in division (D) of this	27465
section for a period of time determined by the legislative	27466
authority of the county, but not to exceed an additional forty	27467
years.	27468

(3) The legislative authority of a county with a population	27469
of one million two hundred thousand or more that has levied a tax	27470
under division (A)(1) of this section may, by resolution adopted	27471
by a majority of the members of the legislative authority,	27472
increase the rate of the tax levied by such county under division	27473
(A)(1) of this section to a rate not to exceed five per cent on	27474
transactions by which lodging by a hotel is or is to be furnished	27475
to transient guests. Notwithstanding any contrary provision of	27476
division (A)(1) of this section, the resolution shall provide that	27477
all collections resulting from the rate levied in excess of three	27478
per cent, after deducting the real and actual costs of	27479
administering the tax, shall be used for paying the direct and	27480
indirect costs of constructing, improving, expanding, equipping,	27481
financing, or operating a convention center.	27482

(4) The legislative authority of a county with a population	27483
of one million two hundred thousand or more that has levied a tax	27484
under division (A)(1) of this section may, by resolution adopted	27485
on or before July 1, 2008, by a majority of the members of the	27486
legislative authority, provide that all or a portion of the	27487
proceeds of the tax levied under division (A)(1) of this section,	27488
after deducting the real and actual costs of administering the tax	27489
and the amounts required to be returned to townships and municipal	27490
corporations with respect to the first three per cent levied under	27491
division (A)(1) of this section, shall be used to satisfy any	27492
pledges made in connection with an agreement entered into under	27493
section 307.695 of the Revised Code or shall otherwise be used for	27494
paying the direct and indirect costs of constructing, improving,	27495
expanding, equipping, financing, or operating a convention center.	27496

(5) Any amount collected from a tax levied or extended under	27497
division (I) of this section may be contributed to a convention	27498
facilities authority created before July 1, 2005, but no amount	27499
collected from a tax levied or extended under division (I) of this	27500
section may be contributed to a convention facilities authority,	27501
corporation, or other entity created after July 1, 2005, unless	27502
the mayor of the municipal corporation in which the convention	27503
center is to be operated by that convention facilities authority,	27504
corporation, or other entity has consented to the creation of that	27505
convention facilities authority, corporation, or entity.	27506

Sec. 5739.12. (A)(1) Each person who has or is required to	27507
have a vendor's license, on or before the twenty-third day of	27508
each month, shall make and file a return for the preceding month,	27509
~~on forms~~in the form prescribed by the tax commissioner, and shall	27510
pay the tax shown on the return to be due. The return shall be	27511
filed electronically using the Ohio business gateway, as defined	27512
in section 718.051 of the Revised Code, the Ohio telefile system,	27513
or any other electronic means prescribed by the commissioner.	27514
Payment of the tax shown on the return to be due shall be made	27515
electronically in a manner approved by the commissioner. The	27516
commissioner may require a vendor that operates from multiple	27517
locations or has multiple vendor's licenses to report all tax	27518
liabilities on one consolidated return. The return shall show the	27519
amount of tax due from the vendor to the state for the period	27520
covered by the return and such other information as the	27521
commissioner deems necessary for the proper administration of this	27522
chapter. The commissioner may extend the time for making and	27523
filing returns and paying the tax, and may require that the return	27524
for the last month of any annual or semiannual period, as	27525
determined by the commissioner, be a reconciliation return	27526
detailing the vendor's sales activity for the preceding annual or	27527
semiannual period. The reconciliation return shall be filed by	27528
the last day of the month following the last month of the annual	27529
or semiannual period. The commissioner may remit all or any part	27530
of amounts or penalties that may become due under this chapter and	27531
may adopt rules relating thereto. Such return shall be filed	27532
electronically as directed by ~~mailing it to~~ the tax commissioner,	27533
~~together with~~and payment of the amount of tax shown to be due	27534
thereon, after deduction of any discount provided for under this	27535
section~~. Remittance~~, shall be made ~~payable to the treasurer of~~	27536
~~state. The return shall be considered filed when received by the~~	27537
~~tax commissioner, and the payment shall be considered made when~~	27538
~~received by the tax commissioner or when credited to an account~~	27539
~~designated by the treasurer of state or~~electronically in a manner	27540
approved by the tax commissioner.	27541

(2) Any person required to file returns and make payments	27542
electronically under division (A)(1) of this section may apply to	27543
the tax commissioner on a form prescribed by the commissioner to	27544
be excused from that requirement. For good cause shown, the	27545
commissioner may excuse the person from that requirement and may	27546
permit the person to file the returns and make the payments	27547
required by this section by nonelectronic means.	27548

(B)(1) If the return is filed and the amount of tax shown	27549
thereon to be due is paid on or before the date such return is	27550
required to be filed, the vendor shall be entitled to a discount	27551
of:	27552

~~(a) On and after July 1, 2005, and on and before June 30,~~	27553
~~2007, nine-tenths of one per cent of the amount shown to be due on~~	27554
~~the return;~~	27555

~~(b) On and after July 1, 2007,~~ three-fourths of one per cent	27556
of the amount shown to be due on the return.	27557

(2) A vendor that has selected a certified service provider	27558
as its agent shall not be entitled to the discount if the	27559
certified service provider receives a monetary allowance pursuant	27560
to section 5739.06 of the Revised Code for performing the vendor's	27561
sales and use tax functions in this state. Amounts paid to the	27562
clerk of courts pursuant to section 4505.06 of the Revised Code	27563
shall be subject to the applicable discount. The discount shall be	27564
in consideration for prompt payment to the clerk of courts and for	27565
other services performed by the vendor in the collection of the	27566
tax.	27567

(C)(1) Upon application to the tax commissioner, a vendor who	27568
is required to file monthly returns may be relieved of the	27569
requirement to report and pay the actual tax due, provided that	27570
the vendor agrees to remit to the ~~tax~~ commissioner payment of not	27571
less than an amount determined by the commissioner to be the	27572
average monthly tax liability of the vendor, based upon a review	27573
of the returns or other information pertaining to such vendor for	27574
a period of not less than six months nor more than two years	27575
immediately preceding the filing of the application. Vendors who	27576
agree to the above conditions shall make and file an annual or	27577
semiannual reconciliation return, as prescribed by the	27578
commissioner. The reconciliation return shall be filed	27579
electronically as directed by ~~mailing or delivering it to~~ the tax	27580
commissioner, ~~together with~~and payment of the amount of tax	27581
shown to be due thereon, after deduction of any discount provided	27582
in this section~~. Remittance~~, shall be made ~~payable to the~~	27583
~~treasurer of state~~electronically in a manner approved by the	27584
commissioner. Failure of a vendor to comply with any of the above	27585
conditions may result in immediate reinstatement of the	27586
requirement of reporting and paying the actual tax liability on	27587
each monthly return, and the commissioner may at the	27588
commissioner's discretion deny the vendor the right to report and	27589
pay based upon the average monthly liability for a period not to	27590
exceed two years. The amount ascertained by the commissioner to be	27591
the average monthly tax liability of a vendor may be adjusted,	27592
based upon a review of the returns or other information pertaining	27593
to the vendor for a period of not less than six months nor more	27594
than two years preceding such adjustment.	27595

(2) The commissioner may authorize vendors whose tax	27596
liability is not such as to merit monthly returns, as ascertained	27597
by the commissioner upon the basis of administrative costs to the	27598
state, to make and file returns at less frequent intervals. When	27599
returns are filed at less frequent intervals in accordance with	27600
such authorization, the vendor shall be allowed the discount	27601
provided in this section in consideration for prompt payment with	27602
the return, provided the return is filed ~~together with~~and payment	27603
is made of the amount of tax shown to be due thereon, at the time	27604
specified by the commissioner, but a vendor that has selected a	27605
certified service provider as its agent shall not be entitled to	27606
the discount.	27607

(D) Any vendor who fails to file a return or to pay the full	27608
amount of the tax shown on the return to be due in the manner	27609
prescribed under this section and the rules of the commissioner	27610
may, for each such return ~~the vendor fails to file or each such~~	27611
~~tax the vendor fails to pay in full as shown on the return within~~	27612
~~the period prescribed by this section and the rules of the~~	27613
~~commissioner~~, be required to forfeit and pay into the state	27614
treasury an additional charge not exceeding fifty dollars or ten	27615
per cent of the tax required to be paid for the reporting period,	27616
whichever is greater, as revenue arising from the tax imposed by	27617
this chapter, and such sum may be collected by assessment in the	27618
manner provided in section 5739.13 of the Revised Code. The	27619
commissioner may remit all or a portion of the additional charge	27620
and may adopt rules relating to the imposition and remission of	27621
the additional charge.	27622

(E) If the amount required to be collected by a vendor from	27623
consumers is in excess of the applicable percentage of the	27624
vendor's receipts from sales that are taxable under section	27625
5739.02 of the Revised Code, or in the case of sales subject to a	27626
tax levied pursuant to section 5739.021, 5739.023, or 5739.026 of	27627
the Revised Code, in excess of the percentage equal to the	27628
aggregate rate of such taxes and the tax levied by section 5739.02	27629
of the Revised Code, such excess shall be remitted along with the	27630
remittance of the amount of tax due under section 5739.10 of the	27631
Revised Code.	27632

(F) The commissioner, if the commissioner deems it necessary	27633
in order to insure the payment of the tax imposed by this chapter,	27634
may require returns and payments to be made for other than monthly	27635
periods. ~~The returns shall be signed by the vendor or the vendor's~~	27636
~~authorized agent.~~	27637

(G) Any vendor required to file a return and pay the tax	27638
under this section, whose total payment for a year equals or	27639
exceeds the amount shown in division (A) of section 5739.122 of	27640
the Revised Code~~, shall make each payment required by this~~	27641
~~section in the second ensuing and each succeeding year by~~	27642
~~electronic funds transfer as prescribed by, and on or before the~~	27643
~~dates specified in, section 5739.122 of the Revised Code, except~~	27644
~~as otherwise prescribed by~~is subject to the accelerated tax	27645
payment requirements in divisions (B) and (C) of that section. For	27646
a vendor that operates from multiple locations or has multiple	27647
vendor's licenses, in determining whether the vendor's total	27648
payment equals or exceeds the amount shown in division (A) of	27649
that section, the vendor's total payment amount shall be the	27650
amount of the vendor's total tax liability for the previous	27651
calendar year for all of the vendor's locations or licenses.	27652

Sec. 5739.122. (A) If the total amount of tax required to be	27653
paid by a vendor under section 5739.12 of the Revised Code for any	27654
calendar year equals or exceeds seventy-five thousand dollars, the	27655
vendor shall remit each monthly tax payment in the second ensuing	27656
and each succeeding tax year ~~by electronic funds transfer~~on an	27657
accelerated basis as prescribed by divisions (B) and (C) of this	27658
section.	27659

If a vendor's tax payment for each of two consecutive years	27660
is less than seventy-five thousand dollars, the vendor is relieved	27661
of the requirement to remit taxes ~~by electronic funds transfer~~in	27662
the manner prescribed by this section for the year that next	27663
follows the second of the consecutive years in which the tax	27664
payment is less than that amount, and is relieved of that	27665
requirement for each succeeding year, unless the tax payment in a	27666
subsequent year equals or exceeds seventy-five thousand dollars.	27667

The tax commissioner shall notify each vendor required to	27668
~~remit taxes by electronic funds transfer~~make accelerated tax	27669
payments of the vendor's obligation to do so,and shall maintain	27670
an updated list of those vendors~~, and shall timely certify the~~	27671
~~list and any additions thereto or deletions therefrom to the~~	27672
~~treasurer of state~~. Failure by the tax commissioner to notify a	27673
vendor subject to this section to remit taxes ~~by electronic funds~~	27674
~~transfer~~on an accelerated basis does not relieve the vendor of	27675
its obligation to remit taxes ~~by electronic funds transfer~~as	27676
provided under division (B) of this section.	27677

(B) Vendors required by division (A) of this section to ~~remit~~	27678
make accelerated tax payments ~~by electronic funds transfer~~ shall	27679
electronically remit such payments to the ~~treasurer of state~~tax	27680
commissioner in ~~the~~a manner ~~prescribed by this section and rules~~	27681
~~adopted~~approved by the ~~treasurer of state under section 113.061~~	27682
~~of the Revised Code, and~~commissioner, as follows:	27683

(1) On or before the twenty-third day of each month, a vendor	27684
shall remit an amount equal to seventy-five per cent of the	27685
anticipated tax liability for that month.	27686

(2) On or before the twenty-third day of each month, a vendor	27687
shall report the taxes collected for the previous month and shall	27688
remit that amount, less any amounts paid for that month as	27689
required by division (B)(1) of this section.	27690

The payment of taxes ~~by electronic funds transfer~~on an	27691
accelerated basis under this section does not affect a vendor's	27692
obligation to file ~~the monthly return~~returns and pay the tax	27693
shown on the returns to be due as required under section 5739.12	27694
of the Revised Code.	27695

(C) A vendor required by this section to remit taxes by	27696
~~electronic funds transfer~~on an accelerated basis may apply to the	27697
~~treasurer of state~~tax commissioner, in the manner prescribed by	27698
the ~~treasurer of state~~commissioner, to be excused from that	27699
requirement. The ~~treasurer of state~~commissioner may excuse the	27700
vendor from remittance ~~by electronic funds transfer~~on an	27701
accelerated basis for good cause shown for the period of time	27702
requested by the vendor or for a portion of that period. ~~The~~	27703
~~treasurer of state shall notify the tax commissioner and the~~	27704
~~vendor of the treasurer of state's decision as soon as is~~	27705
~~practicable.~~	27706

(D)(1)(a) If a vendor that is required to remit payments	27707
under division (B) of this section fails to make a payment	27708
required under division (B)(1) of this section, or makes a	27709
payment under division (B)(1) of this section that is less than	27710
seventy-five per cent of the actual liability for that month, the	27711
commissioner may impose an additional charge not to exceed five	27712
per cent of that unpaid amount.	27713

(b) Division (D)(1)(a) of this section does not apply if the	27714
vendor's payment under division (B)(1) of this section is equal to	27715
or greater than seventy-five per cent of the vendor's reported	27716
liability for the same month in the immediately preceding calendar	27717
year.	27718

(2) ~~If a vendor required by this section to remit taxes by~~	27719
~~electronic funds transfer remits those taxes by some means other~~	27720
~~than by electronic funds transfer as prescribed by this section~~	27721
~~and the rules adopted by the treasurer of state, and the treasurer~~	27722
~~of state determines that such failure was not due to reasonable~~	27723
~~cause or was due to willful neglect, the treasurer of state shall~~	27724
~~notify the tax commissioner of the failure to remit by electronic~~	27725
~~funds transfer and shall provide the commissioner with any~~	27726
~~information used in making that determination. The tax~~	27727
~~commissioner may impose an additional charge not to exceed the~~	27728
~~lesser of five per cent of the amount of the taxes required to be~~	27729
~~paid by electronic funds transfer or five thousand dollars.~~	27730

~~(3)~~ Any additional charge imposed under division (D)(1) or	27731
~~(2)~~ of this section is in addition to any other penalty or charge	27732
imposed under this chapter, and shall be considered as revenue	27733
arising from taxes imposed under this chapter. An additional	27734
charge may be collected by assessment in the manner prescribed by	27735
section 5739.13 of the Revised Code. The tax commissioner may	27736
waive all or a portion of such a charge and may adopt rules	27737
governing such waiver.	27738

~~No additional charge shall be imposed under division (D)(2)~~	27739
~~of this section against a vendor that has been notified of its~~	27740
~~obligation to remit taxes under this section and that remits its~~	27741
~~first two tax payments after such notification by some means other~~	27742
~~than electronic funds transfer. The additional charge may be~~	27743
~~imposed upon the remittance of any subsequent tax payment that the~~	27744
~~vendor remits by some means other than electronic funds transfer.~~	27745

Sec. 5739.124. (A) If required by the tax commissioner, a	27746
~~person~~permit holder required to make payments ~~by electronic funds~~	27747
~~transfer~~ under section 5739.032 ~~or 5739.122~~ of the Revised Code	27748
shall file all returns and reports electronically. The	27749
commissioner may require the ~~person~~permit holder to use the Ohio	27750
business gateway, as defined in section 718.051 of the Revised	27751
Code, or any other electronic means approved by the commissioner,	27752
to file the returns and reports, or to remit the tax, in lieu of	27753
the manner prescribed ~~by the treasurer of state~~ under ~~sections~~	27754
section 5739.032 ~~and 5739.122~~ of the Revised Code.	27755

(B) A person required under this section to file reports and	27756
returns electronically may apply to the tax commissioner to be	27757
excused from that requirement. Applications shall be made on a	27758
form prescribed by the commissioner. The commissioner may approve	27759
the application for good cause.	27760

(C)(1) If a person required to file a report or return	27761
electronically under this section fails to do so, the tax	27762
commissioner may impose an additional charge not to exceed the	27763
following:	27764

(a) For each of the first two failures, five per cent of the	27765
amount required to be reported on the report or return;	27766

(b) For the third and any subsequent failure, ten per cent of	27767
the amount required to be reported on the report or return.	27768

(2) The charges authorized under division (C)(1) of this	27769
section are in addition to any other charge or penalty authorized	27770
under this chapter, and shall be considered as revenue arising	27771
from taxes imposed under this chapter. An additional charge may be	27772
collected by assessment in the manner prescribed by section	27773
5739.13 of the Revised Code. The commissioner may waive all or a	27774
portion of such a charge and may adopt rules governing such	27775
waiver.	27776

Sec. 5739.21. (A) One hundred per cent of all money	27777
deposited into the state treasury under sections 5739.01 to	27778
5739.31 of the Revised Code ~~and~~that is not required to be	27779
distributed as provided in section 5739.102 of the Revised Code or	27780
division (B) of this section shall be credited to the general	27781
revenue fund.	27782

(B)(1) In any case where any county or transit authority has	27783
levied a tax or taxes pursuant to section 5739.021, 5739.023, or	27784
5739.026 of the Revised Code, the tax commissioner shall, within	27785
forty-five days after the end of each month, determine and certify	27786
to the director of budget and management the amount of the	27787
proceeds of such tax or taxes received during that month from	27788
billings and assessments, or associated with tax returns or	27789
reports filed during that month, to be returned to the county or	27790
transit authority levying the tax or taxes. The amount to be	27791
returned to each county and transit authority shall be a fraction	27792
of the aggregate amount of money collected with respect to each	27793
area in which one or more of such taxes are concurrently in effect	27794
with the tax levied by section 5739.02 of the Revised Code. The	27795
numerator of the fraction is the rate of the tax levied by the	27796
county or transit authority and the denominator of the fraction is	27797
the aggregate rate of such taxes applicable to such area. The	27798
amount to be returned to each county or transit authority shall be	27799
reduced by the amount of any refunds of county or transit	27800
authority tax paid pursuant to section 5739.07 of the Revised Code	27801
during the same month, or transfers made pursuant to division	27802
(B)(2) of section 5703.052 of the Revised Code.	27803

(2) On a periodic basis, using the best information	27804
available, the tax commissioner shall distribute any amount of a	27805
county or transit authority tax that cannot be distributed under	27806
division (B)(1) of this section. Through audit or other means, the	27807
commissioner shall attempt to obtain the information necessary to	27808
make the distribution as provided under that division and, on	27809
receipt of that information, shall make adjustments to	27810
distributions previously made under this division.	27811

(3) Beginning July 1, 2008, eight and thirty-three	27812
one-hundredths of one per cent of the revenue collected from the	27813
tax due under division (A) of section 5739.029 of the Revised Code	27814
shall be distributed to the county where the sale of the motor	27815
vehicle is sitused under section 5739.035 of the Revised Code. The	27816
amount to be so distributed to the county shall be apportioned on	27817
the basis of the rates of taxes the county levies pursuant to	27818
sections 5739.021 and 5739.026 of the Revised Code, as applicable,	27819
and shall be credited to the funds of the county as provided in	27820
divisions (A) and (B) of section 5739.211 of the Revised Code.	27821

(C) The aggregate amount to be returned to any county or	27822
transit authority shall be reduced by one per cent, which shall be	27823
certified directly to the credit of the local sales tax	27824
administrative fund, which is hereby created in the state	27825
treasury. For the purpose of determining the amount to be returned	27826
to a county and transit authority in which the rate of tax imposed	27827
by the transit authority has been reduced under section 5739.028	27828
of the Revised Code, the tax commissioner shall use the respective	27829
rates of tax imposed by the county or transit authority that	27830
results from the change in the rates authorized under that	27831
section.	27832

(D) The director of budget and management shall transfer,	27833
from the same funds and in the same proportions specified in	27834
division (A) of this section, to the permissive tax distribution	27835
fund created by division (B)(1) of section 4301.423 of the Revised	27836
Code and to the local sales tax administrative fund, the amounts	27837
certified by the tax commissioner. The tax commissioner shall	27838
then, on or before the twentieth day of the month in which such	27839
certification is made, provide for payment of such respective	27840
amounts to the county treasurer and to the fiscal officer of the	27841
transit authority levying the tax or taxes. The amount transferred	27842
to the local sales tax administrative fund is for use by the tax	27843
commissioner in defraying costs incurred in administering such	27844
taxes levied by a county or transit authority.	27845

Sec. 5741.04. Every seller required to register with the tax	27846
commissioner pursuant to section 5741.17 of the Revised Code who	27847
is engaged in the business of selling tangible personal property	27848
in this state for storage, use, or other consumption in this	27849
state, to which section 5741.02 of the Revised Code applies, or	27850
which is subject to a tax levied pursuant to section 5741.021,	27851
5741.022, or 5741.023 of the Revised Code, shall, and any other	27852
seller who is authorized by rule of the tax commissioner to do so	27853
may, collect from the consumer the full and exact amount of the	27854
tax payable on each such storage, use, or consumption, in the	27855
manner and at the times provided as follows:	27856

(A) If the price is, at or prior to the delivery of	27857
possession of the thing sold to the consumer, paid in currency	27858
passed from hand to hand by the consumer, or ~~his~~the consumer's	27859
agent, to the seller, or ~~his~~the seller's agent, the seller or ~~his~~	27860
the seller's agent shall collect the tax with and at the same time	27861
as the price.	27862

(B) If the price is otherwise paid or to be paid, the seller	27863
or ~~his~~the seller's agent shall, at or prior to the delivery of	27864
possession of the thing sold to the consumer, charge the tax	27865
imposed by or pursuant to section 5741.02, 5741.021, 5741.022, or	27866
5741.023 of the Revised Code to the account of the consumer, which	27867
amount shall be collected by the seller from the consumer in	27868
addition to the price. Such transaction shall be reported on the	27869
return for the period in which the transaction occurred, and the	27870
amount of tax applicable to the transaction shall be remitted with	27871
the return or, if the consumer is subject to section 5741.121 of	27872
the Revised Code, ~~by electronic funds transfer as~~in the manner	27873
prescribed by that section. The amount of the tax shall become a	27874
legal charge in favor of the seller and against the consumer.	27875

(C) It shall be the obligation of each consumer, as required	27876
by section 5741.12 of the Revised Code, to report and pay the	27877
taxes levied by sections 5741.021, 5741.022, and 5741.023 of the	27878
Revised Code, if applicable, on any storage, use, or other	27879
consumption of tangible personal property purchased in this state	27880
from a vendor required to be licensed pursuant to section 5739.17	27881
of the Revised Code.	27882

Sec. 5741.12. (A) Each seller required by section 5741.17 of	27883
the Revised Code to register with the tax commissioner, and any	27884
seller authorized by the commissioner to collect the tax imposed	27885
by or pursuant to section 5741.02, 5741.021, 5741.022, or 5741.023	27886
of the Revised Code is subject to the same requirements and	27887
entitled to the same deductions and discount for prompt payments	27888
as are vendors under section 5739.12 of the Revised Code, and the	27889
same monetary allowances as are vendors under section 5739.06 of	27890
the Revised Code. The powers and duties of the commissioner ~~and~~	27891
~~the treasurer of state~~ with respect to returns and tax remittances	27892
under this section shall be identical with those prescribed in	27893
section 5739.12 of the Revised Code.	27894

(B) Every person storing, using, or consuming tangible	27895
personal property or receiving the benefit of a service, the	27896
storage, use, consumption, or receipt of which is subject to the	27897
tax imposed by or pursuant to section 5741.02, 5741.021, 5741.022,	27898
or 5741.023 of the Revised Code, when such tax was not paid to a	27899
seller, shall, on or before the twenty-third day of each month,	27900
file with the tax commissioner a return for the preceding month in	27901
such form as is prescribed by the commissioner, showing such	27902
information as the commissioner deems necessary, and shall pay the	27903
tax shown on the return to be due. Remittance shall be made	27904
payable to the treasurer of state. The commissioner may require	27905
consumers to file returns and pay the tax at other than monthly	27906
intervals, if the commissioner determines that such filing is	27907
necessary for the efficient administration of the tax. If the	27908
commissioner determines that a consumer's tax liability is not	27909
such as to merit monthly filing, the commissioner may authorize	27910
the consumer to file returns and pay tax at less frequent	27911
intervals.	27912

Any consumer required to file a return and pay the tax under	27913
this section whose payment for any year ~~indicated in~~equals or	27914
exceeds the amount shown in division (A) of section 5741.121 of	27915
the Revised Code ~~equals or exceeds the amount shown in that~~	27916
~~section shall make each payment required by this section in the~~	27917
~~second ensuing and each succeeding year by means of electronic~~	27918
~~funds transfer as prescribed by, and on or before the dates~~	27919
~~specified in, section 5741.121 of the Revised Code, except as~~	27920
~~otherwise prescribed by~~is subject to the accelerated tax payment	27921
requirements in divisions (B) and (C) of that section.	27922

(C) Every person storing, using, or consuming a motor	27923
vehicle, watercraft, or outboard motor, the ownership of which	27924
must be evidenced by certificate of title, shall file the return	27925
required by this section and pay the tax due at or prior to the	27926
time of filing an application for certificate of title.	27927

Sec. 5741.121. (A) If the total amount of tax required to be	27928
paid by a seller or consumer under section 5741.12 of the Revised	27929
Code for any year equals or exceeds seventy-five thousand dollars,	27930
the seller or consumer shall remit each monthly tax payment in the	27931
second ensuing and each succeeding year ~~by electronic funds~~	27932
~~transfer~~on an accelerated basis as prescribed by division (B) of	27933
this section.	27934

If a seller's or consumer's tax payment for each of two	27935
consecutive years is less than seventy-five thousand dollars, the	27936
seller or consumer is relieved of the requirement to remit taxes	27937
~~by electronic funds transfer~~on an accelerated basis for the year	27938
that next follows the second of the consecutive years in which	27939
the tax payment is less than that amount, and is relieved of that	27940
requirement for each succeeding year, unless the tax payment in a	27941
subsequent year equals or exceeds seventy-five thousand dollars.	27942

The tax commissioner shall notify each seller or consumer	27943
required to ~~remit taxes by electronic funds transfer~~make	27944
accelerated tax payments of the seller's or consumer's obligation	27945
to do so,and shall maintain an updated list of those sellers and	27946
consumers~~, and shall timely certify the list and any additions~~	27947
~~thereto or deletions therefrom to the treasurer of state~~.	27948
Failure by the tax commissioner to notify a seller or consumer	27949
subject to this section to remit taxes ~~by electronic funds~~	27950
~~transfer~~on an accelerated basis does not relieve the seller or	27951
consumer of the obligation to remit taxes ~~by electronic funds~~	27952
~~transfer~~as provided under division (B) of this section.	27953

(B) Sellers and consumers required by division (A) of this	27954
section to ~~remit~~make accelerated tax payments ~~by electronic funds~~	27955
~~transfer~~ shall electronically remit such payments to the	27956
~~treasurer of state~~tax commissioner, in ~~the~~a manner ~~prescribed~~	27957
~~by this section and rules adopted~~approved by the ~~treasurer of~~	27958
~~state under section 113.061 of the Revised Code, and~~	27959
commissioner, as follows:	27960

(1) On or before the twenty-third day of each month, a seller	27961
or consumer shall remit an amount equal to seventy-five per cent	27962
of the anticipated tax liability for that month.	27963

(2) On or before the twenty-third day of each month, a seller	27964
shall report the taxes collected and a consumer shall report the	27965
taxes due for the previous month and shall remit that amount, less	27966
any amounts paid for that month as required by division (B)(1) of	27967
this section.	27968

The payment of taxes ~~by electronic funds transfer~~on an	27969
accelerated basis under this section does not affect a seller's	27970
or consumer's obligation to file ~~the monthly return~~returns and	27971
pay the tax shown on the returns to be due as required under	27972
section 5741.12 of the Revised Code.	27973

(C) A seller or consumer required by this section to remit	27974
taxes ~~by electronic funds transfer~~on an accelerated basis may	27975
apply to the ~~treasurer of state~~tax commissioner in the manner	27976
prescribed by the ~~treasurer of state~~commissioner to be excused	27977
from that requirement. The ~~treasurer of state~~commissioner may	27978
excuse the seller or consumer from remittance ~~by electronic funds~~	27979
~~transfer~~on an accelerated basis for good cause shown for the	27980
period of time requested by the seller or consumer or for a	27981
portion of that period. ~~The treasurer of state shall notify the~~	27982
~~tax commissioner and the seller or consumer of the treasurer of~~	27983
~~state's decision as soon as is practicable.~~	27984

(D)(1)(a) If a seller or consumer that is required to remit	27985
payments under division (B) of this section fails to make a	27986
payment required under division (B)(1) of this section, or makes a	27987
payment under division (B)(1) of this section that is less than	27988
seventy-five per cent of the actual liability for that month, the	27989
commissioner may impose an additional charge not to exceed five	27990
per cent of that unpaid amount.	27991

(b) Division (D)(1)(a) of this section does not apply if the	27992
seller's or consumer's payment under division (B)(1) of this	27993
section is equal to or greater than seventy-five per cent of the	27994
seller's or consumer's reported liability for the same month in	27995
the immediately preceding calendar year.	27996

(2) ~~If a seller or consumer required by this section to remit~~	27997
~~taxes by electronic funds transfer remits those taxes by some~~	27998
~~means other than by electronic funds transfer as prescribed by the~~	27999
~~rules adopted by the treasurer of state, and the treasurer of~~	28000
~~state determines that such failure was not due to reasonable cause~~	28001
~~or was due to willful neglect, the treasurer of state shall notify~~	28002
~~the tax commissioner of the failure to remit by electronic funds~~	28003
~~transfer and shall provide the commissioner with any information~~	28004
~~used in making that determination. The tax commissioner may impose~~	28005
~~an additional charge not to exceed the lesser of five per cent of~~	28006
~~the amount of the taxes required to be paid by electronic funds~~	28007
~~transfer or five thousand dollars.~~	28008

~~(3)~~ Any additional charge imposed under division (D)(1) of	28009
this section is in addition to any other penalty or charge	28010
imposed under this chapter, and shall be considered as revenue	28011
arising from taxes imposed under this chapter. An additional	28012
charge may be collected by assessment in the manner prescribed by	28013
section 5741.13 of the Revised Code. The tax commissioner may	28014
waive all or a portion of such a charge and may adopt rules	28015
governing such waiver.	28016

~~No additional charge shall be imposed under division (D)(2)~~	28017
~~of this section against a seller or consumer that has been~~	28018
~~notified of the obligation to remit taxes under this section and~~	28019
~~that remits its first two tax payments after such notification by~~	28020
~~some means other than electronic funds transfer. The additional~~	28021
~~charge may be imposed upon the remittance of any subsequent tax~~	28022
~~payment that the seller or consumer remits by some means other~~	28023
~~than electronic funds transfer.~~	28024

Sec. 5741.122. (A) If required by the tax commissioner, a	28025
person required to make payments ~~by electronic funds transfer~~	28026
under section ~~5739.032 or~~ 5741.121 of the Revised Code shall file	28027
all returns and reports electronically. The commissioner may	28028
require the person to use the Ohio business gateway, as defined	28029
in section 718.051 of the Revised Code, or any other electronic	28030
means approved by the commissioner, to file the returns and	28031
reports, or to remit the tax, in lieu of the manner prescribed	28032
~~by the treasurer of state~~ under ~~sections 5739.032 and~~section	28033
5741.121 of the Revised Code.	28034

(B) A person required under this section to file reports and	28035
returns electronically may apply to the tax commissioner to be	28036
excused from that requirement. Applications shall be made on a	28037
form prescribed by the commissioner. The commissioner may approve	28038
the application for good cause.	28039

(C)(1) If a person required to file a report or return	28040
electronically under this section fails to do so, the tax	28041
commissioner may impose an additional charge not to exceed the	28042
following:	28043

(a) For each of the first two failures, five per cent of the	28044
amount required to be reported on the report or return;	28045

(b) For the third and any subsequent failure, ten per cent of	28046
the amount required to be reported on the report or return.	28047

(2) The charges authorized under division (C)(1) of this	28048
section are in addition to any other charge or penalty authorized	28049
under this chapter, and shall be considered as revenue arising	28050
from taxes imposed under this chapter. An additional charge may be	28051
collected by assessment in the manner prescribed by section	28052
5741.13 of the Revised Code. The commissioner may waive all or a	28053
portion of such a charge and may adopt rules governing such	28054
waiver.	28055

Sec. 5743.021. (A) As used in this section, "qualifying	28056
regional arts and cultural district" means a regional arts and	28057
cultural district created under section 3381.04 of the Revised	28058
Code in a county having a population of one million two hundred	28059
thousand or more according to the 2000 federal decennial census.	28060

(B) For one or more of the purposes for which a tax may be	28061
levied under section 3381.16 of the Revised Code and for the	28062
purposes of paying the expenses of administering the tax and the	28063
expenses charged by a board of elections to hold an election on a	28064
question submitted under this section, the board of county	28065
commissioners of a county that has within its territorial	28066
boundaries a qualifying regional arts and cultural district may	28067
levy a tax on the sale of cigarettes sold for resale at retail in	28068
the county composing the district. The rate of the tax, when added	28069
to the rate of any other tax concurrently levied by the board	28070
under this section, shall not exceed fifteen mills per cigarette,	28071
and shall be computed on each cigarette sold. Only one sale of the	28072
same article shall be used in computing the amount of tax due. The	28073
tax may be levied for any number of years not exceeding ten years.	28074

The tax shall be levied pursuant to a resolution of the board	28075
of county commissioners approved by a majority of the electors in	28076
the county voting on the question of levying the tax. The	28077
resolution shall specify the rate of the tax, the number of years	28078
the tax will be levied, and the purposes for which the tax is	28079
levied. The election may be held on the date of a general,	28080
primary, or special election held not sooner than seventy-five	28081
days after the date the board certifies its resolution to the	28082
board of elections. If approved by the electors, the tax shall	28083
take effect on the first day of the month specified in the	28084
resolution but not sooner than the first day of the month that is	28085
at least sixty days after the certification of the election	28086
results by the board of elections. A copy of the resolution	28087
levying the tax shall be certified to the tax commissioner at	28088
least sixty days prior to the date on which the tax is to become	28089
effective.	28090

(C) The form of the ballot in an election held under this	28091
section shall be as follows, or in any other form acceptable to	28092
the secretary of state:	28093

"For the purpose of .......... (insert the purpose or	28094
purposes of the tax), shall an excise tax be levied throughout	28095
.......... County for the benefit of the ........... (name of the	28096
qualifying regional arts and cultural district) on the sale of	28097
cigarettes at wholesale at the rate of .... mills per cigarette	28098
for ..... years?	28099

28100

		For the tax			28101
		Against the tax	"		28102

(D) The treasurer of state shall credit all moneys arising	28103
from taxes levied on behalf of each district under this section	28104
and section 5743.321 of the Revised Code as follows:	28105

(1) To the tax refund fund created by section 5703.052 of the	28106
Revised Code, amounts equal to the refunds from each tax levied	28107
under this section certified by the tax commissioner pursuant to	28108
section 5743.05 of the Revised Code;	28109

(2) Following the crediting of amounts pursuant to division	28110
(D)(1) of this section:	28111

(a) To the permissive tax distribution fund created under	28112
section 4301.423 of the Revised Code, an amount equal to	28113
ninety-eight per cent of the remainder collected;	28114

(b) To the local excise tax administrative fund, which is	28115
hereby created in the state treasury, an amount equal to two per	28116
cent of such remainder, for use by the tax commissioner in	28117
defraying costs incurred in administering the tax.	28118

On or before the second working day of each month, the	28119
treasurer of state shall certify to the tax commissioner the	28120
amount of taxes levied on behalf of each district under sections	28121
5743.021 and 5743.321 of the Revised Code and paid to the	28122
treasurer of state during the preceding month.	28123

On or before the tenth day of each month, the tax	28124
commissioner shall distribute the amount credited to the	28125
permissive tax distribution fund during the preceding month by	28126
providing for payment of the appropriate amount to the county	28127
treasurer of the county in which the tax is levied.	28128

(E) No tax shall be levied under this section on or after the	28129
effective date of the amendment of this section by the capital	28130
appropriations act of the 127th general assembly. This division	28131
does not prevent the collection of any tax levied under this	28132
section before that date so long as that tax remains effective.	28133

Sec. 5743.024. (A) For the purposes of section 307.696 of	28134
the Revised Code, to pay the expenses of administering the tax,	28135
and to pay any or all of the charge the board of elections makes	28136
against the county to hold the election on the question of levying	28137
the tax, or for such purposes and to provide revenues to the	28138
county for permanent improvements, the board of county	28139
commissioners may levy a tax on sales of cigarettes sold for	28140
resale at retail in the county. The tax shall not exceed two and	28141
twenty-five hundredths of a mill per cigarette, and shall be	28142
computed on each cigarette sold. The tax may be levied for any	28143
number of years not exceeding twenty. Only one sale of the same	28144
article shall be used in computing the amount of tax due.	28145

The tax shall be levied pursuant to a resolution of the	28146
county commissioners approved by a majority of the electors in the	28147
county voting on the question of levying the tax. The resolution	28148
shall specify the rate of the tax, the number of years the tax	28149
will be levied, and the purposes for which the tax is levied. Such	28150
election may be held on the date of a general or special election	28151
held not sooner than seventy-five days after the date the board	28152
certifies its resolution to the board of elections. If approved by	28153
the electors, the tax shall take effect on the first day of the	28154
month specified in the resolution but not sooner than the first	28155
day of the month that is at least sixty days after the	28156
certification of the election results by the board of elections. A	28157
copy of the resolution levying the tax shall be certified to the	28158
tax commissioner at least sixty days prior to the date on which	28159
the tax is to become effective.	28160

A resolution under this section may be joined on the ballot	28161
as a single question with a resolution adopted under section	28162
307.697 or 4301.421 of the Revised Code to levy a tax for the same	28163
purposes and for the purpose of paying the expenses of	28164
administering the tax. The form of the ballot in an election held	28165
pursuant to this section shall be as prescribed in section 307.697	28166
of the Revised Code.	28167

(B) The treasurer of state shall credit all moneys arising	28168
from each county's taxes levied under this section and section	28169
5743.323 of the Revised Code as follows:	28170

(1) To the tax refund fund created by section 5703.052 of the	28171
Revised Code, amounts equal to the refunds from each tax levied	28172
under this section certified by the tax commissioner pursuant to	28173
section 5743.05 of the Revised Code;	28174

(2) Following the crediting of amounts pursuant to division	28175
(B)(1) of this section:	28176

(a) To the permissive tax distribution fund created by	28177
division (B)(1) of section 4301.423 of the Revised Code, an amount	28178
equal to ninety-eight per cent of the remainder collected;	28179

(b) To the local excise tax administrative fund, which is	28180
hereby created in the state treasury, an amount equal to two per	28181
cent of such remainder, for use by the tax commissioner in	28182
defraying costs incurred in administering the tax.	28183

On or before the second working day of each month, the	28184
treasurer of state shall certify to the tax commissioner the	28185
amount of each county's taxes levied under sections 5743.024 and	28186
5743.323 and paid to the treasurer of state during the preceding	28187
month.	28188

On or before the tenth day of each month, the tax	28189
commissioner shall distribute the amount credited to the	28190
permissive tax distribution fund during the preceding month by	28191
providing for payment of the appropriate amount to the county	28192
treasurer of each county levying the tax.	28193

(C) The board of county commissioners of a county in which a	28194
tax is imposed under this section on ~~the effective date of this~~	28195
~~amendment~~July 19, 1995, may levy a tax for the purpose of section	28196
307.673 of the Revised Code regardless of whether or not the	28197
cooperative agreement authorized under that section has been	28198
entered into prior to the day the resolution adopted under	28199
division (C)(1) or (2) of this section is adopted, and for the	28200
purpose of reimbursing a county for costs incurred in the	28201
construction of a sports facility pursuant to an agreement entered	28202
into by the county under section 307.696 of the Revised Code. The	28203
tax shall be levied and approved in one of the manners prescribed	28204
by division (C)(1) or (2) of this section.	28205

(1) The tax may be levied pursuant to a resolution adopted by	28206
a majority of the members of the board of county commissioners not	28207
later than forty-five days after ~~the effective date of this~~	28208
~~amendment~~July 19, 1995. A board of county commissioners approving	28209
a tax under division (C)(1) of this section may approve a tax	28210
under division (D)(1) of section 307.697 or division (B)(1) of	28211
section 4301.421 of the Revised Code at the same time. Subject to	28212
the resolution being submitted to a referendum under sections	28213
305.31 to 305.41 of the Revised Code, the resolution shall take	28214
effect immediately, but the tax levied pursuant to the resolution	28215
shall not be levied prior to the day following the last day taxes	28216
levied pursuant to division (A) of this section may be levied.	28217

(2) The tax may be levied pursuant to a resolution adopted by	28218
a majority of the members of the board of county commissioners not	28219
later than forty-five days after ~~the effective date of this~~	28220
~~amendment~~July 19, 1995, and approved by a majority of the	28221
electors of the county voting on the question of levying the tax	28222
at the next succeeding general election following ~~the effective~~	28223
~~date of this amendment~~July 19, 1995. The board of county	28224
commissioners shall certify a copy of the resolution to the board	28225
of elections immediately upon adopting a resolution under division	28226
(C)(2) of this section, and the board of elections shall place the	28227
question of levying the tax on the ballot at that election. The	28228
form of the ballot shall be as prescribed by division (C) of	28229
section 307.697 of the Revised Code, except that the phrase	28230
"paying not more than one-half of the costs of providing a sports	28231
facility together with related redevelopment and economic	28232
development projects" shall be replaced by the phrase "paying the	28233
costs of constructing or renovating a sports facility and	28234
reimbursing a county for costs incurred by the county in the	28235
construction of a sports facility," and the phrase ", beginning	28236
.......... (here insert the earliest date the tax would take	28237
effect)" shall be appended after "years." A board of county	28238
commissioners submitting the question of a tax under division	28239
(C)(2) of this section may submit the question of a tax under	28240
division (D)(2) of section 307.697 or division (B)(2) of section	28241
4301.421 of the Revised Code as a single question, and the form of	28242
the ballot shall include each of the proposed taxes.	28243

If approved by a majority of electors voting on the question,	28244
the tax shall take effect on the day specified on the ballot,	28245
which shall not be earlier than the day following the last day the	28246
tax levied pursuant to division (A) of this section may be levied.	28247

The rate of a tax levied pursuant to division (C)(1) or (2)	28248
of this section shall not exceed the rate specified in division	28249
(A) of this section. A tax levied pursuant to division (C)(1) or	28250
(2) of this section may be levied for any number of years not	28251
exceeding twenty.	28252

A board of county commissioners adopting a resolution under	28253
this division shall certify a copy of the resolution to the tax	28254
commissioner immediately upon adoption of the resolution.	28255

(E) No tax shall be levied under this section on or after the	28256
effective date of the amendment of this section by the capital	28257
appropriations act of the 127th general assembly. This division	28258
does not prevent the collection of any tax levied under this	28259
section before that date so long as that tax remains effective.	28260

Sec. 5743.321. For the same purposes for which it levies a	28261
tax under section 5743.021 of the Revised Code, the board of	28262
county commissioners of a county that has within its territorial	28263
boundaries a qualifying regional arts and cultural district and	28264
that levies a tax under that section, by resolution adopted by a	28265
majority of the board, shall levy a tax at the same rate on the	28266
use, consumption, or storage for consumption of cigarettes by	28267
consumers in the county in which that tax is levied, provided that	28268
the tax shall not apply if the tax levied by section 5743.021 of	28269
the Revised Code has been paid. The tax shall take effect on the	28270
date that a tax levied under that section takes effect, and shall	28271
remain in effect as long as the tax levied under that section	28272
remains effective.	28273

No tax shall be levied under this section on or after the	28274
effective date of the amendment of this section by the capital	28275
appropriations act of the 127th general assembly. This paragraph	28276
does not prevent the collection of any tax levied under this	28277
section before that date so long as that tax remains effective.	28278

Sec. 5743.323. For the purposes of section 307.696 of the	28279
Revised Code and to pay the expenses of levying the tax or for	28280
such purposes and to provide revenues to the county for permanent	28281
improvements, the board of county commissioners of a county that	28282
levies a tax under division (A) or (C) of section 5743.024 of the	28283
Revised Code shall by resolution adopted by a majority of the	28284
board levy a tax at the same rate on the use, consumption, or	28285
storage for consumption of cigarettes by consumers in the county,	28286
provided that the tax shall not apply if the tax levied by	28287
division (A) or (C) of section 5743.024 of the Revised Code has	28288
been paid. The tax shall take effect on the date that a tax levied	28289
under division (A) or (C) of section 5743.024 of the Revised Code	28290
takes effect, and shall remain in effect as long as the tax levied	28291
under such division remains effective.	28292

No tax shall be levied under this section on or after the	28293
effective date of the amendment of this section by the capital	28294
appropriations act of the 127th general assembly. This paragraph	28295
does not prevent the collection of any tax levied under this	28296
section before that date so long as that tax remains effective.	28297

Sec. 5745.05. (A) Prior to the first day of March, June,	28298
September, and December, the tax commissioner shall certify to the	28299
director of budget and management the amount to be paid to each	28300
municipal corporation, as indicated on the declaration of	28301
estimated tax reports and annual reports received under sections	28302
5745.03 and 5745.04 of the Revised Code, less any amounts	28303
previously distributed and net of any audit adjustments made by	28304
the tax commissioner. Not later than the first day of March, June,	28305
September, and December, the director of budget and management	28306
shall provide for payment of the amount certified to each	28307
municipal corporation from the municipal income tax fund, plus a	28308
pro rata share of any investment earnings accruing to the fund	28309
since the previous payment under this section apportioned among	28310
municipal corporations entitled to such payments in proportion to	28311
the amount certified by the tax commissioner. All investment	28312
earnings on money in the municipal income tax fund shall be	28313
credited to that fund.	28314

(B) If the tax commissioner determines that the amount of tax	28315
paid by a taxpayer and distributed to a municipal corporation	28316
under this section for a taxable year exceeds the amount payable	28317
to that municipal corporation under this chapter after accounting	28318
for amounts remitted with the annual report and as estimated	28319
taxes, the tax commissioner shall permit the taxpayer to credit	28320
the excess against the taxpayer's payments to the municipal	28321
corporation of estimated taxes remitted for an ensuing taxable	28322
year under section 5745.04 of the Revised Code. If, upon the	28323
written request of the taxpayer, the tax commissioner determines	28324
that the excess to be so credited is likely to exceed the amount	28325
of estimated taxes payable by the taxpayer to the municipal	28326
corporation during the ensuing twelve months, the tax commissioner	28327
shall so notify the municipal corporation and the municipal	28328
corporation shall issue a refund of the excess to the taxpayer	28329
within ninety days after receiving such a notice. Interest shall	28330
accrue on the amount to be refunded and is payable to the taxpayer	28331
at the rate per annum prescribed by section 5703.47 of the Revised	28332
Code from the ninety-first day after the notice is received by the	28333
municipal corporation until the day the refund is paid.	28334
Immediately after notifying a municipal corporation under this	28335
division of an excess to be refunded, the commissioner also shall	28336
notify the director of budget and management of the amount of the	28337
excess, and the director shall transfer from the municipal income	28338
tax administrative fund to the municipal income tax fund one and	28339
one-half per cent of the amount of the excess. The commissioner	28340
shall include the transferred amount in the computation of the	28341
amount due the municipal corporation in the next certification to	28342
the director under division (A) of this section.	28343

Sec. 5747.01. Except as otherwise expressly provided or	28344
clearly appearing from the context, any term used in this chapter	28345
that is not otherwise defined in this section has the same meaning	28346
as when used in a comparable context in the laws of the United	28347
States relating to federal income taxes or if not used in a	28348
comparable context in those laws, has the same meaning as in	28349
section 5733.40 of the Revised Code. Any reference in this chapter	28350
to the Internal Revenue Code includes other laws of the United	28351
States relating to federal income taxes.	28352

As used in this chapter:

28353

(A) "Adjusted gross income" or "Ohio adjusted gross income"	28354
means federal adjusted gross income, as defined and used in the	28355
Internal Revenue Code, adjusted as provided in this section:	28356

(1) Add interest or dividends on obligations or securities of	28357
any state or of any political subdivision or authority of any	28358
state, other than this state and its subdivisions and authorities.	28359

(2) Add interest or dividends on obligations of any	28360
authority, commission, instrumentality, territory, or possession	28361
of the United States to the extent that the interest or dividends	28362
are exempt from federal income taxes but not from state income	28363
taxes.	28364

(3) Deduct interest or dividends on obligations of the United	28365
States and its territories and possessions or of any authority,	28366
commission, or instrumentality of the United States to the extent	28367
that the interest or dividends are included in federal adjusted	28368
gross income but exempt from state income taxes under the laws of	28369
the United States.	28370

(4) Deduct disability and survivor's benefits to the extent	28371
included in federal adjusted gross income.	28372

(5) Deduct benefits under Title II of the Social Security Act	28373
and tier 1 railroad retirement benefits to the extent included in	28374
federal adjusted gross income under section 86 of the Internal	28375
Revenue Code.	28376

(6) In the case of a taxpayer who is a beneficiary of a trust	28377
that makes an accumulation distribution as defined in section 665	28378
of the Internal Revenue Code, add, for the beneficiary's taxable	28379
years beginning before 2002, the portion, if any, of such	28380
distribution that does not exceed the undistributed net income of	28381
the trust for the three taxable years preceding the taxable year	28382
in which the distribution is made to the extent that the portion	28383
was not included in the trust's taxable income for any of the	28384
trust's taxable years beginning in 2002 or thereafter.	28385
"Undistributed net income of a trust" means the taxable income of	28386
the trust increased by (a)(i) the additions to adjusted gross	28387
income required under division (A) of this section and (ii) the	28388
personal exemptions allowed to the trust pursuant to section	28389
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	28390
deductions to adjusted gross income required under division (A) of	28391
this section, (ii) the amount of federal income taxes attributable	28392
to such income, and (iii) the amount of taxable income that has	28393
been included in the adjusted gross income of a beneficiary by	28394
reason of a prior accumulation distribution. Any undistributed net	28395
income included in the adjusted gross income of a beneficiary	28396
shall reduce the undistributed net income of the trust commencing	28397
with the earliest years of the accumulation period.	28398

(7) Deduct the amount of wages and salaries, if any, not	28399
otherwise allowable as a deduction but that would have been	28400
allowable as a deduction in computing federal adjusted gross	28401
income for the taxable year, had the targeted jobs credit allowed	28402
and determined under sections 38, 51, and 52 of the Internal	28403
Revenue Code not been in effect.	28404

(8) Deduct any interest or interest equivalent on public	28405
obligations and purchase obligations to the extent that the	28406
interest or interest equivalent is included in federal adjusted	28407
gross income.	28408

(9) Add any loss or deduct any gain resulting from the sale,	28409
exchange, or other disposition of public obligations to the extent	28410
that the loss has been deducted or the gain has been included in	28411
computing federal adjusted gross income.	28412

(10) Deduct or add amounts, as provided under section	28413
5747.70 of the Revised Code, related to contributions to variable	28414
college savings program accounts made or tuition units purchased	28415
pursuant to Chapter 3334. of the Revised Code.	28416

(11)(a) Deduct, to the extent not otherwise allowable as a	28417
deduction or exclusion in computing federal or Ohio adjusted gross	28418
income for the taxable year, the amount the taxpayer paid during	28419
the taxable year for medical care insurance and qualified	28420
long-term care insurance for the taxpayer, the taxpayer's spouse,	28421
and dependents. No deduction for medical care insurance under	28422
division (A)(11) of this section shall be allowed either to any	28423
taxpayer who is eligible to participate in any subsidized health	28424
plan maintained by any employer of the taxpayer or of the	28425
taxpayer's spouse, or to any taxpayer who is entitled to, or on	28426
application would be entitled to, benefits under part A of Title	28427
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	28428
301, as amended. For the purposes of division (A)(11)(a) of this	28429
section, "subsidized health plan" means a health plan for which	28430
the employer pays any portion of the plan's cost. The deduction	28431
allowed under division (A)(11)(a) of this section shall be the net	28432
of any related premium refunds, related premium reimbursements, or	28433
related insurance premium dividends received during the taxable	28434
year.	28435

(b) Deduct, to the extent not otherwise deducted or excluded	28436
in computing federal or Ohio adjusted gross income during the	28437
taxable year, the amount the taxpayer paid during the taxable	28438
year, not compensated for by any insurance or otherwise, for	28439
medical care of the taxpayer, the taxpayer's spouse, and	28440
dependents, to the extent the expenses exceed seven and one-half	28441
per cent of the taxpayer's federal adjusted gross income.	28442

(c) For purposes of division (A)(11) of this section,	28443
"medical care" has the meaning given in section 213 of the	28444
Internal Revenue Code, subject to the special rules, limitations,	28445
and exclusions set forth therein, and "qualified long-term care"	28446
has the same meaning given in section 7702B(c) of the Internal	28447
Revenue Code.	28448

(12)(a) Deduct any amount included in federal adjusted gross	28449
income solely because the amount represents a reimbursement or	28450
refund of expenses that in any year the taxpayer had deducted as	28451
an itemized deduction pursuant to section 63 of the Internal	28452
Revenue Code and applicable United States department of the	28453
treasury regulations. The deduction otherwise allowed under	28454
division (A)(12)(a) of this section shall be reduced to the extent	28455
the reimbursement is attributable to an amount the taxpayer	28456
deducted under this section in any taxable year.	28457

(b) Add any amount not otherwise included in Ohio adjusted	28458
gross income for any taxable year to the extent that the amount is	28459
attributable to the recovery during the taxable year of any amount	28460
deducted or excluded in computing federal or Ohio adjusted gross	28461
income in any taxable year.	28462

(13) Deduct any portion of the deduction described in section	28463
1341(a)(2) of the Internal Revenue Code, for repaying previously	28464
reported income received under a claim of right, that meets both	28465
of the following requirements:	28466

(a) It is allowable for repayment of an item that was	28467
included in the taxpayer's adjusted gross income for a prior	28468
taxable year and did not qualify for a credit under division (A)	28469
or (B) of section 5747.05 of the Revised Code for that year;	28470

(b) It does not otherwise reduce the taxpayer's adjusted	28471
gross income for the current or any other taxable year.	28472

(14) Deduct an amount equal to the deposits made to, and net	28473
investment earnings of, a medical savings account during the	28474
taxable year, in accordance with section 3924.66 of the Revised	28475
Code. The deduction allowed by division (A)(14) of this section	28476
does not apply to medical savings account deposits and earnings	28477
otherwise deducted or excluded for the current or any other	28478
taxable year from the taxpayer's federal adjusted gross income.	28479

(15)(a) Add an amount equal to the funds withdrawn from a	28480
medical savings account during the taxable year, and the net	28481
investment earnings on those funds, when the funds withdrawn were	28482
used for any purpose other than to reimburse an account holder	28483
for, or to pay, eligible medical expenses, in accordance with	28484
section 3924.66 of the Revised Code;	28485

(b) Add the amounts distributed from a medical savings	28486
account under division (A)(2) of section 3924.68 of the Revised	28487
Code during the taxable year.	28488

(16) Add any amount claimed as a credit under section	28489
5747.059 of the Revised Code to the extent that such amount	28490
satisfies either of the following:	28491

(a) The amount was deducted or excluded from the computation	28492
of the taxpayer's federal adjusted gross income as required to be	28493
reported for the taxpayer's taxable year under the Internal	28494
Revenue Code;	28495

(b) The amount resulted in a reduction of the taxpayer's	28496
federal adjusted gross income as required to be reported for any	28497
of the taxpayer's taxable years under the Internal Revenue Code.	28498

(17) Deduct the amount contributed by the taxpayer to an	28499
individual development account program established by a county	28500
department of job and family services pursuant to sections 329.11	28501
to 329.14 of the Revised Code for the purpose of matching funds	28502
deposited by program participants. On request of the tax	28503
commissioner, the taxpayer shall provide any information that, in	28504
the tax commissioner's opinion, is necessary to establish the	28505
amount deducted under division (A)(17) of this section.	28506

(18) Beginning in taxable year 2001 but not for any taxable	28507
year beginning after December 31, 2005, if the taxpayer is married	28508
and files a joint return and the combined federal adjusted gross	28509
income of the taxpayer and the taxpayer's spouse for the taxable	28510
year does not exceed one hundred thousand dollars, or if the	28511
taxpayer is single and has a federal adjusted gross income for the	28512
taxable year not exceeding fifty thousand dollars, deduct amounts	28513
paid during the taxable year for qualified tuition and fees paid	28514
to an eligible institution for the taxpayer, the taxpayer's	28515
spouse, or any dependent of the taxpayer, who is a resident of	28516
this state and is enrolled in or attending a program that	28517
culminates in a degree or diploma at an eligible institution. The	28518
deduction may be claimed only to the extent that qualified tuition	28519
and fees are not otherwise deducted or excluded for any taxable	28520
year from federal or Ohio adjusted gross income. The deduction may	28521
not be claimed for educational expenses for which the taxpayer	28522
claims a credit under section 5747.27 of the Revised Code.	28523

(19) Add any reimbursement received during the taxable year	28524
of any amount the taxpayer deducted under division (A)(18) of this	28525
section in any previous taxable year to the extent the amount is	28526
not otherwise included in Ohio adjusted gross income.	28527

(20)(a)(i) Add five-sixths of the amount of depreciation	28528
expense allowed by subsection (k) of section 168 of the Internal	28529
Revenue Code, including the taxpayer's proportionate or	28530
distributive share of the amount of depreciation expense allowed	28531
by that subsection to a pass-through entity in which the taxpayer	28532
has a direct or indirect ownership interest.	28533

(ii) Add five-sixths of the amount of qualifying section 179	28534
depreciation expense, including a person's proportionate or	28535
distributive share of the amount of qualifying section 179	28536
depreciation expense allowed to any pass-through entity in which	28537
the person has a direct or indirect ownership. For the purposes of	28538
this division, "qualifying section 179 depreciation expense" means	28539
the difference between (I) the amount of depreciation expense	28540
directly or indirectly allowed to the taxpayer under section 179	28541
of the Internal Revenue Code, and (II) the amount of depreciation	28542
expense directly or indirectly allowed to the taxpayer under	28543
section 179 of the Internal Revenue Code as that section existed	28544
on December 31, 2002.	28545

The tax commissioner, under procedures established by the	28546
commissioner, may waive the add-backs related to a pass-through	28547
entity if the taxpayer owns, directly or indirectly, less than	28548
five per cent of the pass-through entity.	28549

(b) Nothing in division (A)(20) of this section shall be	28550
construed to adjust or modify the adjusted basis of any asset.	28551

(c) To the extent the add-back required under division	28552
(A)(20)(a) of this section is attributable to property generating	28553
nonbusiness income or loss allocated under section 5747.20 of the	28554
Revised Code, the add-back shall be sitused to the same location	28555
as the nonbusiness income or loss generated by the property for	28556
the purpose of determining the credit under division (A) of	28557
section 5747.05 of the Revised Code. Otherwise, the add-back shall	28558
be apportioned, subject to one or more of the four alternative	28559
methods of apportionment enumerated in section 5747.21 of the	28560
Revised Code.	28561

(d) For the purposes of division (A) of this section, net	28562
operating loss carryback and carryforward shall not include	28563
five-sixths of the allowance of any net operating loss deduction	28564
carryback or carryforward to the taxable year to the extent such	28565
loss resulted from depreciation allowed by section 168(k) of the	28566
Internal Revenue Code and by the qualifying section 179	28567
depreciation expense amount.	28568

(21)(a) If the taxpayer was required to add an amount under	28569
division (A)(20)(a) of this section for a taxable year, deduct	28570
one-fifth of the amount so added for each of the five succeeding	28571
taxable years.	28572

(b) If the amount deducted under division (A)(21)(a) of this	28573
section is attributable to an add-back allocated under division	28574
(A)(20)(c) of this section, the amount deducted shall be sitused	28575
to the same location. Otherwise, the add-back shall be apportioned	28576
using the apportionment factors for the taxable year in which the	28577
deduction is taken, subject to one or more of the four alternative	28578
methods of apportionment enumerated in section 5747.21 of the	28579
Revised Code.	28580

(c) No deduction is available under division (A)(21)(a) of	28581
this section with regard to any depreciation allowed by section	28582
168(k) of the Internal Revenue Code and by the qualifying section	28583
179 depreciation expense amount to the extent that such	28584
depreciation resulted in or increased a federal net operating loss	28585
carryback or carryforward to a taxable year to which division	28586
(A)(20)(d) of this section does not apply.	28587

(22) Deduct, to the extent not otherwise deducted or excluded	28588
in computing federal or Ohio adjusted gross income for the taxable	28589
year, the amount the taxpayer received during the taxable year as	28590
reimbursement for life insurance premiums under section 5919.31 of	28591
the Revised Code.	28592

(23) Deduct, to the extent not otherwise deducted or excluded	28593
in computing federal or Ohio adjusted gross income for the taxable	28594
year, the amount the taxpayer received during the taxable year as	28595
a death benefit paid by the adjutant general under section 5919.33	28596
of the Revised Code.	28597

(24) Deduct, to the extent included in federal adjusted gross	28598
income and not otherwise allowable as a deduction or exclusion in	28599
computing federal or Ohio adjusted gross income for the taxable	28600
year, military pay and allowances received by the taxpayer during	28601
the taxable year for active duty service in the United States	28602
army, air force, navy, marine corps, or coast guard or reserve	28603
components thereof or the national guard. The deduction may not be	28604
claimed for military pay and allowances received by the taxpayer	28605
while the taxpayer is stationed in this state.	28606

(25) Deduct, to the extent not otherwise allowable as a	28607
deduction or exclusion in computing federal or Ohio adjusted gross	28608
income for the taxable year and not otherwise compensated for by	28609
any other source, the amount of qualified organ donation expenses	28610
incurred by the taxpayer during the taxable year, not to exceed	28611
ten thousand dollars. A taxpayer may deduct qualified organ	28612
donation expenses only once for all taxable years beginning with	28613
taxable years beginning in 2007.	28614

For the purposes of division (A)(25) of this section:

28615

(a) "Human organ" means all or any portion of a human liver,	28616
pancreas, kidney, intestine, or lung, and any portion of human	28617
bone marrow.	28618

(b) "Qualified organ donation expenses" means travel	28619
expenses, lodging expenses, and wages and salary forgone by a	28620
taxpayer in connection with the taxpayer's donation, while living,	28621
of one or more of the taxpayer's human organs to another human	28622
being.	28623

(26) Deduct, to the extent not otherwise deducted or excluded	28624
in computing federal or Ohio adjusted gross income for the taxable	28625
year, amounts received by the taxpayer as retired military	28626
personnel pay for service in the United States army, navy, air	28627
force, coast guard, or marine corps or reserve components thereof,	28628
or the national guard, or received by the surviving spouse or	28629
former spouse of such a taxpayer under the survivor benefit plan	28630
on account of such a taxpayer's death. If the taxpayer receives	28631
income on account of retirement paid under the federal civil	28632
service retirement system or federal employees retirement system,	28633
or under any successor retirement program enacted by the congress	28634
of the United States that is established and maintained for	28635
retired employees of the United States government, and such	28636
retirement income is based, in whole or in part, on credit for	28637
the taxpayer's military service, the deduction allowed under this	28638
division shall include only that portion of such retirement	28639
income that is attributable to the taxpayer's military service,	28640
to the extent that portion of such retirement income is otherwise	28641
included in federal adjusted gross income and is not otherwise	28642
deducted under this section. Any amount deducted under division	28643
(A)(26) of this section is not included in ~~the~~a taxpayer's	28644
adjusted gross income for the purposes of section 5747.055 of	28645
the Revised Code. No amount may be deducted under division	28646
(A)(26) of this section on the basis of which a credit was	28647
claimed under section 5747.055 of the Revised Code.	28648

(27) Deduct, to the extent not otherwise deducted or excluded	28649
in computing federal or Ohio adjusted gross income for the taxable	28650
year, the amount the taxpayer received during the taxable year	28651
from the military injury relief fund created in section 5101.98 of	28652
the Revised Code.	28653

(B) "Business income" means income, including gain or loss,	28654
arising from transactions, activities, and sources in the regular	28655
course of a trade or business and includes income, gain, or loss	28656
from real property, tangible property, and intangible property if	28657
the acquisition, rental, management, and disposition of the	28658
property constitute integral parts of the regular course of a	28659
trade or business operation. "Business income" includes income,	28660
including gain or loss, from a partial or complete liquidation of	28661
a business, including, but not limited to, gain or loss from the	28662
sale or other disposition of goodwill.	28663

(C) "Nonbusiness income" means all income other than business	28664
income and may include, but is not limited to, compensation, rents	28665
and royalties from real or tangible personal property, capital	28666
gains, interest, dividends and distributions, patent or copyright	28667
royalties, or lottery winnings, prizes, and awards.	28668

(D) "Compensation" means any form of remuneration paid to an	28669
employee for personal services.	28670

(E) "Fiduciary" means a guardian, trustee, executor,	28671
administrator, receiver, conservator, or any other person acting	28672
in any fiduciary capacity for any individual, trust, or estate.	28673

(F) "Fiscal year" means an accounting period of twelve months	28674
ending on the last day of any month other than December.	28675

(G) "Individual" means any natural person.

28676

(H) "Internal Revenue Code" means the "Internal Revenue Code	28677
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	28678

(I) "Resident" means any of the following, provided that	28679
division (I)(3) of this section applies only to taxable years of a	28680
trust beginning in 2002 or thereafter:	28681

(1) An individual who is domiciled in this state, subject to	28682
section 5747.24 of the Revised Code;	28683

(2) The estate of a decedent who at the time of death was	28684
domiciled in this state. The domicile tests of section 5747.24 of	28685
the Revised Code are not controlling for purposes of division	28686
(I)(2) of this section.	28687

(3) A trust that, in whole or part, resides in this state. If	28688
only part of a trust resides in this state, the trust is a	28689
resident only with respect to that part.	28690

For the purposes of division (I)(3) of this section:

28691

(a) A trust resides in this state for the trust's current	28692
taxable year to the extent, as described in division (I)(3)(d) of	28693
this section, that the trust consists directly or indirectly, in	28694
whole or in part, of assets, net of any related liabilities, that	28695
were transferred, or caused to be transferred, directly or	28696
indirectly, to the trust by any of the following:	28697

(i) A person, a court, or a governmental entity or	28698
instrumentality on account of the death of a decedent, but only if	28699
the trust is described in division (I)(3)(e)(i) or (ii) of this	28700
section;	28701

(ii) A person who was domiciled in this state for the	28702
purposes of this chapter when the person directly or indirectly	28703
transferred assets to an irrevocable trust, but only if at least	28704
one of the trust's qualifying beneficiaries is domiciled in this	28705
state for the purposes of this chapter during all or some portion	28706
of the trust's current taxable year;	28707

(iii) A person who was domiciled in this state for the	28708
purposes of this chapter when the trust document or instrument or	28709
part of the trust document or instrument became irrevocable, but	28710
only if at least one of the trust's qualifying beneficiaries is a	28711
resident domiciled in this state for the purposes of this chapter	28712
during all or some portion of the trust's current taxable year. If	28713
a trust document or instrument became irrevocable upon the death	28714
of a person who at the time of death was domiciled in this state	28715
for purposes of this chapter, that person is a person described in	28716
division (I)(3)(a)(iii) of this section.	28717

(b) A trust is irrevocable to the extent that the transferor	28718
is not considered to be the owner of the net assets of the trust	28719
under sections 671 to 678 of the Internal Revenue Code.	28720

(c) With respect to a trust other than a charitable lead	28721
trust, "qualifying beneficiary" has the same meaning as "potential	28722
current beneficiary" as defined in section 1361(e)(2) of the	28723
Internal Revenue Code, and with respect to a charitable lead trust	28724
"qualifying beneficiary" is any current, future, or contingent	28725
beneficiary, but with respect to any trust "qualifying	28726
beneficiary" excludes a person or a governmental entity or	28727
instrumentality to any of which a contribution would qualify for	28728
the charitable deduction under section 170 of the Internal Revenue	28729
Code.	28730

(d) For the purposes of division (I)(3)(a) of this section,	28731
the extent to which a trust consists directly or indirectly, in	28732
whole or in part, of assets, net of any related liabilities, that	28733
were transferred directly or indirectly, in whole or part, to the	28734
trust by any of the sources enumerated in that division shall be	28735
ascertained by multiplying the fair market value of the trust's	28736
assets, net of related liabilities, by the qualifying ratio, which	28737
shall be computed as follows:	28738

(i) The first time the trust receives assets, the numerator	28739
of the qualifying ratio is the fair market value of those assets	28740
at that time, net of any related liabilities, from sources	28741
enumerated in division (I)(3)(a) of this section. The denominator	28742
of the qualifying ratio is the fair market value of all the	28743
trust's assets at that time, net of any related liabilities.	28744

(ii) Each subsequent time the trust receives assets, a	28745
revised qualifying ratio shall be computed. The numerator of the	28746
revised qualifying ratio is the sum of (1) the fair market value	28747
of the trust's assets immediately prior to the subsequent	28748
transfer, net of any related liabilities, multiplied by the	28749
qualifying ratio last computed without regard to the subsequent	28750
transfer, and (2) the fair market value of the subsequently	28751
transferred assets at the time transferred, net of any related	28752
liabilities, from sources enumerated in division (I)(3)(a) of this	28753
section. The denominator of the revised qualifying ratio is the	28754
fair market value of all the trust's assets immediately after the	28755
subsequent transfer, net of any related liabilities.	28756

(iii) Whether a transfer to the trust is by or from any of	28757
the sources enumerated in division (I)(3)(a) of this section shall	28758
be ascertained without regard to the domicile of the trust's	28759
beneficiaries.	28760

(e) For the purposes of division (I)(3)(a)(i) of this	28761
section:	28762

(i) A trust is described in division (I)(3)(e)(i) of this	28763
section if the trust is a testamentary trust and the testator of	28764
that testamentary trust was domiciled in this state at the time of	28765
the testator's death for purposes of the taxes levied under	28766
Chapter 5731. of the Revised Code.	28767

(ii) A trust is described in division (I)(3)(e)(ii) of this	28768
section if the transfer is a qualifying transfer described in any	28769
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	28770
irrevocable inter vivos trust, and at least one of the trust's	28771
qualifying beneficiaries is domiciled in this state for purposes	28772
of this chapter during all or some portion of the trust's current	28773
taxable year.	28774

(f) For the purposes of division (I)(3)(e)(ii) of this	28775
section, a "qualifying transfer" is a transfer of assets, net of	28776
any related liabilities, directly or indirectly to a trust, if the	28777
transfer is described in any of the following:	28778

(i) The transfer is made to a trust, created by the decedent	28779
before the decedent's death and while the decedent was domiciled	28780
in this state for the purposes of this chapter, and, prior to the	28781
death of the decedent, the trust became irrevocable while the	28782
decedent was domiciled in this state for the purposes of this	28783
chapter.	28784

(ii) The transfer is made to a trust to which the decedent,	28785
prior to the decedent's death, had directly or indirectly	28786
transferred assets, net of any related liabilities, while the	28787
decedent was domiciled in this state for the purposes of this	28788
chapter, and prior to the death of the decedent the trust became	28789
irrevocable while the decedent was domiciled in this state for the	28790
purposes of this chapter.	28791

(iii) The transfer is made on account of a contractual	28792
relationship existing directly or indirectly between the	28793
transferor and either the decedent or the estate of the decedent	28794
at any time prior to the date of the decedent's death, and the	28795
decedent was domiciled in this state at the time of death for	28796
purposes of the taxes levied under Chapter 5731. of the Revised	28797
Code.	28798

(iv) The transfer is made to a trust on account of a	28799
contractual relationship existing directly or indirectly between	28800
the transferor and another person who at the time of the	28801
decedent's death was domiciled in this state for purposes of this	28802
chapter.	28803

(v) The transfer is made to a trust on account of the will of	28804
a testator.	28805

(vi) The transfer is made to a trust created by or caused to	28806
be created by a court, and the trust was directly or indirectly	28807
created in connection with or as a result of the death of an	28808
individual who, for purposes of the taxes levied under Chapter	28809
5731. of the Revised Code, was domiciled in this state at the time	28810
of the individual's death.	28811

(g) The tax commissioner may adopt rules to ascertain the	28812
part of a trust residing in this state.	28813

(J) "Nonresident" means an individual or estate that is not a	28814
resident. An individual who is a resident for only part of a	28815
taxable year is a nonresident for the remainder of that taxable	28816
year.	28817

(K) "Pass-through entity" has the same meaning as in section	28818
5733.04 of the Revised Code.	28819

(L) "Return" means the notifications and reports required to	28820
be filed pursuant to this chapter for the purpose of reporting the	28821
tax due and includes declarations of estimated tax when so	28822
required.	28823

(M) "Taxable year" means the calendar year or the taxpayer's	28824
fiscal year ending during the calendar year, or fractional part	28825
thereof, upon which the adjusted gross income is calculated	28826
pursuant to this chapter.	28827

(N) "Taxpayer" means any person subject to the tax imposed by	28828
section 5747.02 of the Revised Code or any pass-through entity	28829
that makes the election under division (D) of section 5747.08 of	28830
the Revised Code.	28831

(O) "Dependents" means dependents as defined in the Internal	28832
Revenue Code and as claimed in the taxpayer's federal income tax	28833
return for the taxable year or which the taxpayer would have been	28834
permitted to claim had the taxpayer filed a federal income tax	28835
return.	28836

(P) "Principal county of employment" means, in the case of a	28837
nonresident, the county within the state in which a taxpayer	28838
performs services for an employer or, if those services are	28839
performed in more than one county, the county in which the major	28840
portion of the services are performed.	28841

(Q) As used in sections 5747.50 to 5747.55 of the Revised	28842
Code:	28843

(1) "Subdivision" means any county, municipal corporation,	28844
park district, or township.	28845

(2) "Essential local government purposes" includes all	28846
functions that any subdivision is required by general law to	28847
exercise, including like functions that are exercised under a	28848
charter adopted pursuant to the Ohio Constitution.	28849

(R) "Overpayment" means any amount already paid that exceeds	28850
the figure determined to be the correct amount of the tax.	28851

(S) "Taxable income" or "Ohio taxable income" applies only to	28852
estates and trusts, and means federal taxable income, as defined	28853
and used in the Internal Revenue Code, adjusted as follows:	28854

(1) Add interest or dividends, net of ordinary, necessary,	28855
and reasonable expenses not deducted in computing federal taxable	28856
income, on obligations or securities of any state or of any	28857
political subdivision or authority of any state, other than this	28858
state and its subdivisions and authorities, but only to the extent	28859
that such net amount is not otherwise includible in Ohio taxable	28860
income and is described in either division (S)(1)(a) or (b) of	28861
this section:	28862

(a) The net amount is not attributable to the S portion of an	28863
electing small business trust and has not been distributed to	28864
beneficiaries for the taxable year;	28865

(b) The net amount is attributable to the S portion of an	28866
electing small business trust for the taxable year.	28867

(2) Add interest or dividends, net of ordinary, necessary,	28868
and reasonable expenses not deducted in computing federal taxable	28869
income, on obligations of any authority, commission,	28870
instrumentality, territory, or possession of the United States to	28871
the extent that the interest or dividends are exempt from federal	28872
income taxes but not from state income taxes, but only to the	28873
extent that such net amount is not otherwise includible in Ohio	28874
taxable income and is described in either division (S)(1)(a) or	28875
(b) of this section;	28876

(3) Add the amount of personal exemption allowed to the	28877
estate pursuant to section 642(b) of the Internal Revenue Code;	28878

(4) Deduct interest or dividends, net of related expenses	28879
deducted in computing federal taxable income, on obligations of	28880
the United States and its territories and possessions or of any	28881
authority, commission, or instrumentality of the United States to	28882
the extent that the interest or dividends are exempt from state	28883
taxes under the laws of the United States, but only to the extent	28884
that such amount is included in federal taxable income and is	28885
described in either division (S)(1)(a) or (b) of this section;	28886

(5) Deduct the amount of wages and salaries, if any, not	28887
otherwise allowable as a deduction but that would have been	28888
allowable as a deduction in computing federal taxable income for	28889
the taxable year, had the targeted jobs credit allowed under	28890
sections 38, 51, and 52 of the Internal Revenue Code not been in	28891
effect, but only to the extent such amount relates either to	28892
income included in federal taxable income for the taxable year or	28893
to income of the S portion of an electing small business trust for	28894
the taxable year;	28895

(6) Deduct any interest or interest equivalent, net of	28896
related expenses deducted in computing federal taxable income, on	28897
public obligations and purchase obligations, but only to the	28898
extent that such net amount relates either to income included in	28899
federal taxable income for the taxable year or to income of the S	28900
portion of an electing small business trust for the taxable year;	28901

(7) Add any loss or deduct any gain resulting from sale,	28902
exchange, or other disposition of public obligations to the extent	28903
that such loss has been deducted or such gain has been included in	28904
computing either federal taxable income or income of the S portion	28905
of an electing small business trust for the taxable year;	28906

(8) Except in the case of the final return of an estate, add	28907
any amount deducted by the taxpayer on both its Ohio estate tax	28908
return pursuant to section 5731.14 of the Revised Code, and on its	28909
federal income tax return in determining federal taxable income;	28910

(9)(a) Deduct any amount included in federal taxable income	28911
solely because the amount represents a reimbursement or refund of	28912
expenses that in a previous year the decedent had deducted as an	28913
itemized deduction pursuant to section 63 of the Internal Revenue	28914
Code and applicable treasury regulations. The deduction otherwise	28915
allowed under division (S)(9)(a) of this section shall be reduced	28916
to the extent the reimbursement is attributable to an amount the	28917
taxpayer or decedent deducted under this section in any taxable	28918
year.	28919

(b) Add any amount not otherwise included in Ohio taxable	28920
income for any taxable year to the extent that the amount is	28921
attributable to the recovery during the taxable year of any amount	28922
deducted or excluded in computing federal or Ohio taxable income	28923
in any taxable year, but only to the extent such amount has not	28924
been distributed to beneficiaries for the taxable year.	28925

(10) Deduct any portion of the deduction described in section	28926
1341(a)(2) of the Internal Revenue Code, for repaying previously	28927
reported income received under a claim of right, that meets both	28928
of the following requirements:	28929

(a) It is allowable for repayment of an item that was	28930
included in the taxpayer's taxable income or the decedent's	28931
adjusted gross income for a prior taxable year and did not qualify	28932
for a credit under division (A) or (B) of section 5747.05 of the	28933
Revised Code for that year.	28934

(b) It does not otherwise reduce the taxpayer's taxable	28935
income or the decedent's adjusted gross income for the current or	28936
any other taxable year.	28937

(11) Add any amount claimed as a credit under section	28938
5747.059 of the Revised Code to the extent that the amount	28939
satisfies either of the following:	28940

(a) The amount was deducted or excluded from the computation	28941
of the taxpayer's federal taxable income as required to be	28942
reported for the taxpayer's taxable year under the Internal	28943
Revenue Code;	28944

(b) The amount resulted in a reduction in the taxpayer's	28945
federal taxable income as required to be reported for any of the	28946
taxpayer's taxable years under the Internal Revenue Code.	28947

(12) Deduct any amount, net of related expenses deducted in	28948
computing federal taxable income, that a trust is required to	28949
report as farm income on its federal income tax return, but only	28950
if the assets of the trust include at least ten acres of land	28951
satisfying the definition of "land devoted exclusively to	28952
agricultural use" under section 5713.30 of the Revised Code,	28953
regardless of whether the land is valued for tax purposes as such	28954
land under sections 5713.30 to 5713.38 of the Revised Code. If the	28955
trust is a pass-through entity investor, section 5747.231 of the	28956
Revised Code applies in ascertaining if the trust is eligible to	28957
claim the deduction provided by division (S)(12) of this section	28958
in connection with the pass-through entity's farm income.	28959

Except for farm income attributable to the S portion of an	28960
electing small business trust, the deduction provided by division	28961
(S)(12) of this section is allowed only to the extent that the	28962
trust has not distributed such farm income. Division (S)(12) of	28963
this section applies only to taxable years of a trust beginning in	28964
2002 or thereafter.	28965

(13) Add the net amount of income described in section 641(c)	28966
of the Internal Revenue Code to the extent that amount is not	28967
included in federal taxable income.	28968

(14) Add or deduct the amount the taxpayer would be required	28969
to add or deduct under division (A)(20) or (21) of this section if	28970
the taxpayer's Ohio taxable income were computed in the same	28971
manner as an individual's Ohio adjusted gross income is computed	28972
under this section. In the case of a trust, division (S)(14) of	28973
this section applies only to any of the trust's taxable years	28974
beginning in 2002 or thereafter.	28975

(T) "School district income" and "school district income tax"	28976
have the same meanings as in section 5748.01 of the Revised Code.	28977

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	28978
of this section, "public obligations," "purchase obligations," and	28979
"interest or interest equivalent" have the same meanings as in	28980
section 5709.76 of the Revised Code.	28981

(V) "Limited liability company" means any limited liability	28982
company formed under Chapter 1705. of the Revised Code or under	28983
the laws of any other state.	28984

(W) "Pass-through entity investor" means any person who,	28985
during any portion of a taxable year of a pass-through entity, is	28986
a partner, member, shareholder, or equity investor in that	28987
pass-through entity.	28988

(X) "Banking day" has the same meaning as in section 1304.01	28989
of the Revised Code.	28990

(Y) "Month" means a calendar month.

28991

(Z) "Quarter" means the first three months, the second three	28992
months, the third three months, or the last three months of the	28993
taxpayer's taxable year.	28994

(AA)(1) "Eligible institution" means a state university or	28995
state institution of higher education as defined in section	28996
3345.011 of the Revised Code, or a private, nonprofit college,	28997
university, or other post-secondary institution located in this	28998
state that possesses a certificate of authorization issued by the	28999
Ohio board of regents pursuant to Chapter 1713. of the Revised	29000
Code or a certificate of registration issued by the state board of	29001
career colleges and schools under Chapter 3332. of the Revised	29002
Code.	29003

(2) "Qualified tuition and fees" means tuition and fees	29004
imposed by an eligible institution as a condition of enrollment or	29005
attendance, not exceeding two thousand five hundred dollars in	29006
each of the individual's first two years of post-secondary	29007
education. If the individual is a part-time student, "qualified	29008
tuition and fees" includes tuition and fees paid for the academic	29009
equivalent of the first two years of post-secondary education	29010
during a maximum of five taxable years, not exceeding a total of	29011
five thousand dollars. "Qualified tuition and fees" does not	29012
include:	29013

(a) Expenses for any course or activity involving sports,	29014
games, or hobbies unless the course or activity is part of the	29015
individual's degree or diploma program;	29016

(b) The cost of books, room and board, student activity fees,	29017
athletic fees, insurance expenses, or other expenses unrelated to	29018
the individual's academic course of instruction;	29019

(c) Tuition, fees, or other expenses paid or reimbursed	29020
through an employer, scholarship, grant in aid, or other	29021
educational benefit program.	29022

(BB)(1) "Modified business income" means the business income	29023
included in a trust's Ohio taxable income after such taxable	29024
income is first reduced by the qualifying trust amount, if any.	29025

(2) "Qualifying trust amount" of a trust means capital gains	29026
and losses from the sale, exchange, or other disposition of equity	29027
or ownership interests in, or debt obligations of, a qualifying	29028
investee to the extent included in the trust's Ohio taxable	29029
income, but only if the following requirements are satisfied:	29030

(a) The book value of the qualifying investee's physical	29031
assets in this state and everywhere, as of the last day of the	29032
qualifying investee's fiscal or calendar year ending immediately	29033
prior to the date on which the trust recognizes the gain or loss,	29034
is available to the trust.	29035

(b) The requirements of section 5747.011 of the Revised Code	29036
are satisfied for the trust's taxable year in which the trust	29037
recognizes the gain or loss.	29038

Any gain or loss that is not a qualifying trust amount is	29039
modified business income, qualifying investment income, or	29040
modified nonbusiness income, as the case may be.	29041

(3) "Modified nonbusiness income" means a trust's Ohio	29042
taxable income other than modified business income, other than the	29043
qualifying trust amount, and other than qualifying investment	29044
income, as defined in section 5747.012 of the Revised Code, to the	29045
extent such qualifying investment income is not otherwise part of	29046
modified business income.	29047

(4) "Modified Ohio taxable income" applies only to trusts,	29048
and means the sum of the amounts described in divisions (BB)(4)(a)	29049
to (c) of this section:	29050

(a) The fraction, calculated under section 5747.013, and	29051
applying section 5747.231 of the Revised Code, multiplied by the	29052
sum of the following amounts:	29053

(i) The trust's modified business income;

29054

(ii) The trust's qualifying investment income, as defined in	29055
section 5747.012 of the Revised Code, but only to the extent the	29056
qualifying investment income does not otherwise constitute	29057
modified business income and does not otherwise constitute a	29058
qualifying trust amount.	29059

(b) The qualifying trust amount multiplied by a fraction, the	29060
numerator of which is the sum of the book value of the qualifying	29061
investee's physical assets in this state on the last day of the	29062
qualifying investee's fiscal or calendar year ending immediately	29063
prior to the day on which the trust recognizes the qualifying	29064
trust amount, and the denominator of which is the sum of the book	29065
value of the qualifying investee's total physical assets	29066
everywhere on the last day of the qualifying investee's fiscal or	29067
calendar year ending immediately prior to the day on which the	29068
trust recognizes the qualifying trust amount. If, for a taxable	29069
year, the trust recognizes a qualifying trust amount with respect	29070
to more than one qualifying investee, the amount described in	29071
division (BB)(4)(b) of this section shall equal the sum of the	29072
products so computed for each such qualifying investee.	29073

(c)(i) With respect to a trust or portion of a trust that is	29074
a resident as ascertained in accordance with division (I)(3)(d) of	29075
this section, its modified nonbusiness income.	29076

(ii) With respect to a trust or portion of a trust that is	29077
not a resident as ascertained in accordance with division	29078
(I)(3)(d) of this section, the amount of its modified nonbusiness	29079
income satisfying the descriptions in divisions (B)(2) to (5) of	29080
section 5747.20 of the Revised Code, except as otherwise provided	29081
in division (BB)(4)(c)(ii) of this section. With respect to a	29082
trust or portion of a trust that is not a resident as ascertained	29083
in accordance with division (I)(3)(d) of this section, the trust's	29084
portion of modified nonbusiness income recognized from the sale,	29085
exchange, or other disposition of a debt interest in or equity	29086
interest in a section 5747.212 entity, as defined in section	29087
5747.212 of the Revised Code, without regard to division (A) of	29088
that section, shall not be allocated to this state in accordance	29089
with section 5747.20 of the Revised Code but shall be apportioned	29090
to this state in accordance with division (B) of section 5747.212	29091
of the Revised Code without regard to division (A) of that	29092
section.	29093

If the allocation and apportionment of a trust's income under	29094
divisions (BB)(4)(a) and (c) of this section do not fairly	29095
represent the modified Ohio taxable income of the trust in this	29096
state, the alternative methods described in division (C) of	29097
section 5747.21 of the Revised Code may be applied in the manner	29098
and to the same extent provided in that section.	29099

(5)(a) Except as set forth in division (BB)(5)(b) of this	29100
section, "qualifying investee" means a person in which a trust has	29101
an equity or ownership interest, or a person or unit of government	29102
the debt obligations of either of which are owned by a trust. For	29103
the purposes of division (BB)(2)(a) of this section and for the	29104
purpose of computing the fraction described in division (BB)(4)(b)	29105
of this section, all of the following apply:	29106

(i) If the qualifying investee is a member of a qualifying	29107
controlled group on the last day of the qualifying investee's	29108
fiscal or calendar year ending immediately prior to the date on	29109
which the trust recognizes the gain or loss, then "qualifying	29110
investee" includes all persons in the qualifying controlled group	29111
on such last day.	29112

(ii) If the qualifying investee, or if the qualifying	29113
investee and any members of the qualifying controlled group of	29114
which the qualifying investee is a member on the last day of the	29115
qualifying investee's fiscal or calendar year ending immediately	29116
prior to the date on which the trust recognizes the gain or loss,	29117
separately or cumulatively own, directly or indirectly, on the	29118
last day of the qualifying investee's fiscal or calendar year	29119
ending immediately prior to the date on which the trust recognizes	29120
the qualifying trust amount, more than fifty per cent of the	29121
equity of a pass-through entity, then the qualifying investee and	29122
the other members are deemed to own the proportionate share of the	29123
pass-through entity's physical assets which the pass-through	29124
entity directly or indirectly owns on the last day of the	29125
pass-through entity's calendar or fiscal year ending within or	29126
with the last day of the qualifying investee's fiscal or calendar	29127
year ending immediately prior to the date on which the trust	29128
recognizes the qualifying trust amount.	29129

(iii) For the purposes of division (BB)(5)(a)(iii) of this	29130
section, "upper level pass-through entity" means a pass-through	29131
entity directly or indirectly owning any equity of another	29132
pass-through entity, and "lower level pass-through entity" means	29133
that other pass-through entity.	29134

An upper level pass-through entity, whether or not it is also	29135
a qualifying investee, is deemed to own, on the last day of the	29136
upper level pass-through entity's calendar or fiscal year, the	29137
proportionate share of the lower level pass-through entity's	29138
physical assets that the lower level pass-through entity directly	29139
or indirectly owns on the last day of the lower level pass-through	29140
entity's calendar or fiscal year ending within or with the last	29141
day of the upper level pass-through entity's fiscal or calendar	29142
year. If the upper level pass-through entity directly and	29143
indirectly owns less than fifty per cent of the equity of the	29144
lower level pass-through entity on each day of the upper level	29145
pass-through entity's calendar or fiscal year in which or with	29146
which ends the calendar or fiscal year of the lower level	29147
pass-through entity and if, based upon clear and convincing	29148
evidence, complete information about the location and cost of the	29149
physical assets of the lower pass-through entity is not available	29150
to the upper level pass-through entity, then solely for purposes	29151
of ascertaining if a gain or loss constitutes a qualifying trust	29152
amount, the upper level pass-through entity shall be deemed as	29153
owning no equity of the lower level pass-through entity for each	29154
day during the upper level pass-through entity's calendar or	29155
fiscal year in which or with which ends the lower level	29156
pass-through entity's calendar or fiscal year. Nothing in division	29157
(BB)(5)(a)(iii) of this section shall be construed to provide for	29158
any deduction or exclusion in computing any trust's Ohio taxable	29159
income.	29160

(b) With respect to a trust that is not a resident for the	29161
taxable year and with respect to a part of a trust that is not a	29162
resident for the taxable year, "qualifying investee" for that	29163
taxable year does not include a C corporation if both of the	29164
following apply:	29165

(i) During the taxable year the trust or part of the trust	29166
recognizes a gain or loss from the sale, exchange, or other	29167
disposition of equity or ownership interests in, or debt	29168
obligations of, the C corporation.	29169

(ii) Such gain or loss constitutes nonbusiness income.

29170

(6) "Available" means information is such that a person is	29171
able to learn of the information by the due date plus extensions,	29172
if any, for filing the return for the taxable year in which the	29173
trust recognizes the gain or loss.	29174

(CC) "Qualifying controlled group" has the same meaning as in	29175
section 5733.04 of the Revised Code.	29176

(DD) "Related member" has the same meaning as in section	29177
5733.042 of the Revised Code.	29178

(EE)(1) For the purposes of division (EE) of this section:

29179

(a) "Qualifying person" means any person other than a	29180
qualifying corporation.	29181

(b) "Qualifying corporation" means any person classified for	29182
federal income tax purposes as an association taxable as a	29183
corporation, except either of the following:	29184

(i) A corporation that has made an election under subchapter	29185
S, chapter one, subtitle A, of the Internal Revenue Code for its	29186
taxable year ending within, or on the last day of, the investor's	29187
taxable year;	29188

(ii) A subsidiary that is wholly owned by any corporation	29189
that has made an election under subchapter S, chapter one,	29190
subtitle A of the Internal Revenue Code for its taxable year	29191
ending within, or on the last day of, the investor's taxable year.	29192

(2) For the purposes of this chapter, unless expressly stated	29193
otherwise, no qualifying person indirectly owns any asset directly	29194
or indirectly owned by any qualifying corporation.	29195

(FF) For purposes of this chapter and Chapter 5751. of the	29196
Revised Code:	29197

(1) "Trust" does not include a qualified pre-income tax	29198
trust.	29199

(2) A "qualified pre-income tax trust" is any pre-income tax	29200
trust that makes a qualifying pre-income tax trust election as	29201
described in division (FF)(3) of this section.	29202

(3) A "qualifying pre-income tax trust election" is an	29203
election by a pre-income tax trust to subject to the tax imposed	29204
by section 5751.02 of the Revised Code the pre-income tax trust	29205
and all pass-through entities of which the trust owns or controls,	29206
directly, indirectly, or constructively through related interests,	29207
five per cent or more of the ownership or equity interests. The	29208
trustee shall notify the tax commissioner in writing of the	29209
election on or before April 15, 2006. The election, if timely	29210
made, shall be effective on and after January 1, 2006, and shall	29211
apply for all tax periods and tax years until revoked by the	29212
trustee of the trust.	29213

(4) A "pre-income tax trust" is a trust that satisfies all of	29214
the following requirements:	29215

(a) The document or instrument creating the trust was	29216
executed by the grantor before January 1, 1972;	29217

(b) The trust became irrevocable upon the creation of the	29218
trust; and	29219

(c) The grantor was domiciled in this state at the time the	29220
trust was created.	29221

Sec. 5747.02. (A) For the purpose of providing revenue for	29222
the support of schools and local government functions, to provide	29223
relief to property taxpayers, to provide revenue for the general	29224
revenue fund, and to meet the expenses of administering the tax	29225
levied by this chapter, there is hereby levied on every	29226
individual, trust, and estate residing in or earning or receiving	29227
income in this state, on every individual, trust, and estate	29228
earning or receiving lottery winnings, prizes, or awards pursuant	29229
to Chapter 3770. of the Revised Code, and on every individual,	29230
trust, and estate otherwise having nexus with or in this state	29231
under the Constitution of the United States, an annual tax	29232
measured in the case of individuals by Ohio adjusted gross income	29233
less an exemption for the taxpayer, the taxpayer's spouse, and	29234
each dependent as provided in section 5747.025 of the Revised	29235
Code; measured in the case of trusts by modified Ohio taxable	29236
income under division (D) of this section; and measured in the	29237
case of estates by Ohio taxable income. The tax imposed by this	29238
section on the balance thus obtained is hereby levied as follows:	29239

(1) For taxable years beginning in 2004:

29240

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		29241
OR		29242
MODIFIED OHIO		29243
TAXABLE INCOME (TRUSTS)		29244
OR		29245
OHIO TAXABLE INCOME (ESTATES)	TAX	29246

$5,000 or less	.743%	29247
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	29248
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	29249
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	29250
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	29251
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	29252
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	29253
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	29254
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	29255

(2) For taxable years beginning in 2005:

29256

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		29257
OR		29258
MODIFIED OHIO		29259
TAXABLE INCOME (TRUSTS)		29260
OR		29261
OHIO TAXABLE INCOME (ESTATES)	TAX	29262

$5,000 or less	.712%	29263
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	29264
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	29265
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	29266
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	29267
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	29268
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	29269
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	29270
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	29271

(3) For taxable years beginning in 2006:

29272

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		29273
OR		29274
MODIFIED OHIO		29275
TAXABLE INCOME (TRUSTS)		29276
OR		29277
OHIO TAXABLE INCOME (ESTATES)	TAX	29278

$5,000 or less	.681%	29279
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	29280
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	29281
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	29282
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	29283
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	29284
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	29285
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	29286
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	29287

(4) For taxable years beginning in 2007:

29288

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		29289
OR		29290
MODIFIED OHIO		29291
TAXABLE INCOME (TRUSTS)		29292
OR		29293
OHIO TAXABLE INCOME (ESTATES)	TAX	29294

$5,000 or less	.649%	29295
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	29296
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	29297
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	29298
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	29299
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	29300
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	29301
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	29302
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	29303

(5) For taxable years beginning in 2008:

29304

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		29305
OR		29306
MODIFIED OHIO		29307
TAXABLE INCOME (TRUSTS)		29308
OR		29309
OHIO TAXABLE INCOME (ESTATES)	TAX	29310

$5,000 or less	.618%	29311
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	29312
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	29313
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	29314
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	29315
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	29316
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	29317
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	29318
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	29319

(6) For taxable years beginning in 2009 or thereafter:

29320

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		29321
OR		29322
MODIFIED OHIO		29323
TAXABLE INCOME (TRUSTS)		29324
OR		29325
OHIO TAXABLE INCOME (ESTATES)	TAX	29326

$5,000 or less	.587%	29327
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	29328
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	29329
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	29330
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	29331
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	29332
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	29333
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	29334
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	29335

In July of each year, beginning in 2010, the tax commissioner	29336
shall adjust the income amounts prescribed in this division by	29337
multiplying the percentage increase in the gross domestic product	29338
deflator computed that year under section 5747.025 of the Revised	29339
Code by each of the income amounts resulting from the adjustment	29340
under this division in the preceding year, adding the resulting	29341
product to the corresponding income amount resulting from the	29342
adjustment in the preceding year, and rounding the resulting sum	29343
to the nearest multiple of fifty dollars. The tax commissioner	29344
also shall recompute each of the tax dollar amounts to the extent	29345
necessary to reflect the adjustment of the income amounts. The	29346
rates of taxation shall not be adjusted.	29347

The adjusted amounts apply to taxable years beginning in the	29348
calendar year in which the adjustments are made. The tax	29349
commissioner shall not make such adjustments in any year in which	29350
the amount resulting from the adjustment would be less than the	29351
amount resulting from the adjustment in the preceding year.	29352

(B) If the director of budget and management makes a	29353
certification to the tax commissioner under division (B) of	29354
section 131.44 of the Revised Code, the amount of tax as	29355
determined under division (A) of this section shall be reduced by	29356
the percentage prescribed in that certification for taxable years	29357
beginning in the calendar year in which that certification is	29358
made.	29359

(C) The levy of this tax on income does not prevent a	29360
municipal corporation, a joint economic development zone created	29361
under section 715.691, or a joint economic development district	29362
created under section 715.70 or 715.71 or sections 715.72 to	29363
715.81 of the Revised Code from levying a tax on income.	29364

(D) This division applies only to taxable years of a trust	29365
beginning in 2002 or thereafter.	29366

(1) The tax imposed by this section on a trust shall be	29367
computed by multiplying the Ohio modified taxable income of the	29368
trust by the rates prescribed by division (A) of this section.	29369

(2) A nonresident trust may claim a credit ~~is allowed~~ against	29370
the tax computed under division (D) of this section equal to the	29371
lesser of (1) the tax paid to another state or the District of	29372
Columbia on the nonresident trust's modified nonbusiness income,	29373
other than the portion of the nonresident trust's nonbusiness	29374
income that is qualifying investment income as defined in section	29375
5747.012 of the Revised Code, or (2) the effective tax rate, based	29376
on modified Ohio taxable income, multiplied by the nonresident	29377
trust's modified nonbusiness income other than the portion of the	29378
nonresident trust's nonbusiness income that is qualifying	29379
investment income. The credit applies before any other applicable	29380
credits.	29381

(3) The credits enumerated in divisions (A)(1) to (13) of	29382
section 5747.98 of the Revised Code do not apply to a trust	29383
subject to ~~this~~ division (D) of this section. Any credits	29384
enumerated in other divisions of section 5747.98 of the Revised	29385
Code apply to a trust subject to ~~this~~ division (D) of this	29386
section. To the extent that the trust distributes income for the	29387
taxable year for which a credit is available to the trust, the	29388
credit shall be shared by the trust and its beneficiaries. The tax	29389
commissioner and the trust shall be guided by applicable	29390
regulations of the United States treasury regarding the sharing of	29391
credits.	29392

(E) For the purposes of this section, "trust" means any trust	29393
described in Subchapter J of Chapter 1 of the Internal Revenue	29394
Code, excluding trusts that are not irrevocable as defined in	29395
division (I)(3)(b) of section 5747.01 of the Revised Code and that	29396
have no modified Ohio taxable income for the taxable year,	29397
charitable remainder trusts, qualified funeral trusts and preneed	29398
funeral contract trusts established pursuant to section 1111.19 of	29399
the Revised Code that are not qualified funeral trusts, endowment	29400
and perpetual care trusts, qualified settlement trusts and funds,	29401
designated settlement trusts and funds, and trusts exempted from	29402
taxation under section 501(a) of the Internal Revenue Code.	29403

Sec. 5747.082. (A) As used in this section:

29404

(1) "Electronic technology" means electronic technology	29405
acceptable to the tax commissioner under division (B) of this	29406
section.	29407

(2) "Original tax return" means any report, return, or other	29408
tax document required to be filed under this chapter for the	29409
purpose of reporting the taxes due under, and withholdings	29410
required by, this chapter. "Original tax return" does not include	29411
an amended return or any declaration or form required by or filed	29412
in connection with section 5747.09 of the Revised Code.	29413

(3) "Related member" has the same meaning as in section	29414
5733.042 of the Revised Code.	29415

(4) "Tax return preparer" means any person that operates a	29416
business that prepares, or directly or indirectly employs another	29417
person to prepare, for a taxpayer an original tax return in	29418
exchange for compensation or remuneration from the taxpayer or the	29419
taxpayer's related member. With respect to the preparation of a	29420
return or application for refund under this chapter, "tax return	29421
preparer" does not include an individual who performs only one or	29422
more of the following activities:	29423

(a) Furnishes typing, reproducing, or other mechanical	29424
assistance;	29425

(b) Prepares an application for refund or a return on behalf	29426
of an employer by whom the individual is regularly and	29427
continuously employed, or on behalf of an officer or employee of	29428
that employer;	29429

(c) Prepares as a fiduciary an application for refund or a	29430
return;	29431

(d) Prepares an application for refund or a return for a	29432
taxpayer in response to a notice of deficiency issued to the	29433
taxpayer or the taxpayer's related member, or in response to a	29434
waiver of restriction after the commencement of an audit of the	29435
taxpayer or the taxpayer's related member.	29436

(B) Divisions (C) and (D) of this section apply to the filing	29437
of original tax returns that are due in a calendar year only if	29438
the tax commissioner, by the last day of the calendar year	29439
immediately preceding the calendar year in which such returns are	29440
due, has published on the department of taxation's official	29441
internet web site at least one method of electronic technology	29442
acceptable to the commissioner for filing such returns.	29443

(C) A tax return preparer that prepares more than	29444
seventy-five original tax returns during any calendar year that	29445
begins on or after January 1, 2008, shall, beginning January 1,	29446
2010, use electronic technology to file with the tax commissioner	29447
all original tax returns prepared by the tax return preparer.	29448
This division does not apply to a tax return preparer for a	29449
calendar year if, during the previous calendar year, the tax	29450
return preparer prepared no more than twenty-five original tax	29451
returns.	29452

(D) If a tax return preparer required by this section to	29453
submit original tax returns by electronic technology files an	29454
original tax return by some means other than by electronic	29455
technology, the tax commissioner shall impose a penalty of fifty	29456
dollars for each return, in excess of seventy-five in a calendar	29457
year, that is not filed by electronic technology. Upon good cause	29458
shown by the tax return preparer, the tax commissioner may waive	29459
all or any portion of the penalty or may refund all or any	29460
portion of the penalty the tax return preparer has paid.	29461

Sec. 5748.022. A majority of the members of a board of	29462
education of a school district levying a tax under section 5748.02	29463
of the Revised Code may adopt a resolution reducing the rate of	29464
the tax by a multiple of one-fourth of one per cent.	29465

The resolution shall set forth the current rate of the tax,	29466
the reduced rate of tax that results from adoption of the	29467
resolution, the purpose or purposes for which the tax is levied,	29468
the remaining number of years the tax will be levied or that it is	29469
levied for a continuing period of time, and the date on which the	29470
reduced tax rate shall take effect, which shall be the ensuing	29471
first day of January occurring at least ~~sixty~~forty-five days	29472
after a copy of the resolution is certified to the tax	29473
commissioner.	29474

Sec. 5749.17. Any information provided to the department of	29475
natural resources by the department of taxation in accordance with	29476
division (C)(11) of section 5703.21 of the Revised Code shall not	29477
be disclosed publicly by the department of natural resources, but	29478
the department of natural resources may provide such information	29479
to the attorney general for purposes of enforcement of the law.	29480

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	29481
the Revised Code:	29482

(1) "School district," "joint vocational school district,"	29483
"local taxing unit," "recognized valuation," "fixed-rate levy,"	29484
and "fixed-sum levy" have the same meanings as used in section	29485
5727.84 of the Revised Code.	29486

(2) "State education aid" for a school district means the sum	29487
of state aid amounts computed for the district under division (A)	29488
of section 3317.022 of the Revised Code, including the amounts	29489
calculated under sections 3317.029 and 3317.0217 of the Revised	29490
Code; divisions (C)(1), (C)(4), (D), (E), and (F) of section	29491
3317.022; divisions (B), (C), and (D) of section 3317.023;	29492
divisions (L) and (N) of section 3317.024; section 3317.0216; and	29493
any unit payments for gifted student services paid under sections	29494
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	29495
for fiscal years 2008 and 2009, the amount computed for the	29496
district under Section 269.20.80 of H.B. 119 of the 127th general	29497
assembly and as that section subsequently may be amended shall be	29498
substituted for the amount computed under division (D) of section	29499
3317.022 of the Revised Code, and the amount computed under	29500
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	29501
that section subsequently may be amended shall be included.	29502

(3) "State education aid" for a joint vocational school	29503
district means the sum of the state aid computed for the district	29504
under division (N) of section 3317.024 and section 3317.16 of the	29505
Revised Code, except that, for fiscal years 2008 and 2009, the	29506
amount computed under Section 269.30.80 of H.B. 119 of the 127th	29507
general assembly and as that section subsequently may be amended	29508
shall be included.	29509

(4) "State education aid offset" means the amount determined	29510
for each school district or joint vocational school district under	29511
division (A)(1) of section 5751.21 of the Revised Code.	29512

(5) "Machinery and equipment property tax value loss" means	29513
the amount determined under division (C)(1) of this section.	29514

(6) "Inventory property tax value loss" means the amount	29515
determined under division (C)(2) of this section.	29516

(7) "Furniture and fixtures property tax value loss" means	29517
the amount determined under division (C)(3) of this section.	29518

(8) "Machinery and equipment fixed-rate levy loss" means the	29519
amount determined under division (D)(1) of this section.	29520

(9) "Inventory fixed-rate levy loss" means the amount	29521
determined under division (D)(2) of this section.	29522

(10) "Furniture and fixtures fixed-rate levy loss" means the	29523
amount determined under division (D)(3) of this section.	29524

(11) "Total fixed-rate levy loss" means the sum of the	29525
machinery and equipment fixed-rate levy loss, the inventory	29526
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	29527
loss, and the telephone company fixed-rate levy loss.	29528

(12) "Fixed-sum levy loss" means the amount determined under	29529
division (E) of this section.	29530

(13) "Machinery and equipment" means personal property	29531
subject to the assessment rate specified in division (F) of	29532
section 5711.22 of the Revised Code.	29533

(14) "Inventory" means personal property subject to the	29534
assessment rate specified in division (E) of section 5711.22 of	29535
the Revised Code.	29536

(15) "Furniture and fixtures" means personal property	29537
subject to the assessment rate specified in division (G) of	29538
section 5711.22 of the Revised Code.	29539

(16) "Qualifying levies" are levies in effect for tax year	29540
2004 or applicable to tax year 2005 or approved at an election	29541
conducted before September 1, 2005. For the purpose of	29542
determining the rate of a qualifying levy authorized by section	29543
5705.212 or 5705.213 of the Revised Code, the rate shall be the	29544
rate that would be in effect for tax year 2010.	29545

(17) "Telephone property" means tangible personal property	29546
of a telephone, telegraph, or interexchange telecommunications	29547
company subject to an assessment rate specified in section	29548
5727.111 of the Revised Code in tax year 2004.	29549

(18) "Telephone property tax value loss" means the amount	29550
determined under division (C)(4) of this section.	29551

(19) "Telephone property fixed-rate levy loss" means the	29552
amount determined under division (D)(4) of this section.	29553

(B) The commercial activities tax receipts fund is hereby	29554
created in the state treasury and shall consist of money arising	29555
from the tax imposed under this chapter. All money in that fund	29556
shall be credited for each fiscal year in the following	29557
percentages to the general revenue fund, to the school district	29558
tangible property tax replacement fund, which is hereby created in	29559
the state treasury for the purpose of making the payments	29560
described in section 5751.21 of the Revised Code, and to the local	29561
government tangible property tax replacement fund, which is hereby	29562
created in the state treasury for the purpose of making the	29563
payments described in section 5751.22 of the Revised Code, in the	29564
following percentages:	29565

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	29566
2006	67.7%	22.6%	9.7%	29567
2007	0%	70.0%	30.0%	29568
2008	0%	70.0%	30.0%	29569
2009	0%	70.0%	30.0%	29570
2010	0%	70.0%	30.0%	29571
2011	0%	70.0%	30.0%	29572
2012	5.3%	70.0%	24.7%	29573
2013	10.6%	70.0%	19.4%	29574
2014	14.1%	70.0%	15.9%	29575
2015	17.6%	70.0%	12.4%	29576
2016	21.1%	70.0%	8.9%	29577
2017	24.6%	70.0%	5.4%	29578
2018	28.1%	70.0%	1.9%	29579
2019 and thereafter	30%	70%	0%	29580

(C) Not later than September 15, 2005, the tax commissioner	29581
shall determine for each school district, joint vocational school	29582
district, and local taxing unit its machinery and equipment,	29583
inventory property, furniture and fixtures property, and telephone	29584
property tax value losses, which are the applicable amounts	29585
described in divisions (C)(1), (2), (3), and (4) of this section,	29586
except as provided in division (C)(5) of this section:	29587

(1) Machinery and equipment property tax value loss is the	29588
taxable value of machinery and equipment property as reported by	29589
taxpayers for tax year 2004 multiplied by:	29590

(a) For tax year 2006, thirty-three and eight-tenths per	29591
cent;	29592

(b) For tax year 2007, sixty-one and three-tenths per cent;

29593

29594

(d) For tax year 2009 and thereafter, one hundred per cent.

29595

(2) Inventory property tax value loss is the taxable value of	29596
inventory property as reported by taxpayers for tax year 2004	29597
multiplied by:	29598

(a) For tax year 2006, a fraction, the numerator of which is	29599
five and three-fourths and the denominator of which is	29600
twenty-three;	29601

(b) For tax year 2007, a fraction, the numerator of which is	29602
nine and one-half and the denominator of which is twenty-three;	29603

(c) For tax year 2008, a fraction, the numerator of which is	29604
thirteen and one-fourth and the denominator of which is	29605
twenty-three;	29606

(d) For tax year 2009 and thereafter a fraction, the	29607
numerator of which is seventeen and the denominator of which is	29608
twenty-three.	29609

(3) Furniture and fixtures property tax value loss is the	29610
taxable value of furniture and fixture property as reported by	29611
taxpayers for tax year 2004 multiplied by:	29612

(a) For tax year 2006, twenty-five per cent;

29613

(b) For tax year 2007, fifty per cent;

29614

29615

(d) For tax year 2009 and thereafter, one hundred per cent.

29616

The taxable value of property reported by taxpayers used in	29617
divisions (C)(1), (2), and (3) of this section shall be such	29618
values as determined to be final by the tax commissioner as of	29619
August 31, 2005. Such determinations shall be final except for any	29620
correction of a clerical error that was made prior to August 31,	29621
2005, by the tax commissioner.	29622

(4) Telephone property tax value loss is the taxable value of	29623
telephone property as taxpayers would have reported that property	29624
for tax year 2004 if the assessment rate for all telephone	29625
property for that year were twenty-five per cent, multiplied by:	29626

(a) For tax year 2006, zero per cent;

29627

(b) For tax year 2007, zero per cent;

29628

29629

(d) For tax year 2009, sixty per cent;

29630

(e) For tax year 2010, eighty per cent;

29631

(f) For tax year 2011 and thereafter, one hundred per cent.

29632

(5) Division (C)(5) of this section applies to any school	29633
district, joint vocational school district, or local taxing unit	29634
in a county in which is located a facility currently or formerly	29635
devoted to the enrichment or commercialization of uranium or	29636
uranium products, and for which the total taxable value of	29637
property listed on the general tax list of personal property for	29638
any tax year from tax year 2001 to tax year 2004 was fifty per	29639
cent or less of the taxable value of such property listed on the	29640
general tax list of personal property for the next preceding tax	29641
year.	29642

In computing the fixed-rate levy losses under divisions	29643
(D)(1), (2), and (3) of this section for any school district,	29644
joint vocational school district, or local taxing unit to which	29645
division (C)(5) of this section applies, the taxable value of such	29646
property as listed on the general tax list of personal property	29647
for tax year 2000 shall be substituted for the taxable value of	29648
such property as reported by taxpayers for tax year 2004, in the	29649
taxing district containing the uranium facility, if the taxable	29650
value listed for tax year 2000 is greater than the taxable value	29651
reported by taxpayers for tax year 2004. For the purpose of making	29652
the computations under divisions (D)(1), (2), and (3) of this	29653
section, the tax year 2000 valuation is to be allocated to	29654
machinery and equipment, inventory, and furniture and fixtures	29655
property in the same proportions as the tax year 2004 values. For	29656
the purpose of the calculations in division (A) of section 5751.21	29657
of the Revised Code, the tax year 2004 taxable values shall be	29658
used.	29659

To facilitate the calculations required under division (C) of	29660
this section, the county auditor, upon request from the tax	29661
commissioner, shall provide by August 1, 2005, the values of	29662
machinery and equipment, inventory, and furniture and fixtures for	29663
all single-county personal property taxpayers for tax year 2004.	29664

(D) Not later than September 15, 2005, the tax commissioner	29665
shall determine for each tax year from 2006 through 2009 for each	29666
school district, joint vocational school district, and local	29667
taxing unit its machinery and equipment, inventory, and furniture	29668
and fixtures fixed-rate levy losses, and for each tax year from	29669
2006 through 2011 its telephone property fixed-rate levy loss,	29670
which are the applicable amounts described in divisions (D)(1),	29671
(2), (3), and (4) of this section:	29672

(1) The machinery and equipment fixed-rate levy loss is the	29673
machinery and equipment property tax value loss multiplied by the	29674
sum of the tax rates of fixed-rate qualifying levies.	29675

(2) The inventory fixed-rate loss is the inventory property	29676
tax value loss multiplied by the sum of the tax rates of	29677
fixed-rate qualifying levies.	29678

(3) The furniture and fixtures fixed-rate levy loss is the	29679
furniture and fixture property tax value loss multiplied by the	29680
sum of the tax rates of fixed-rate qualifying levies.	29681

(4) The telephone property fixed-rate levy loss is the	29682
telephone property tax value loss multiplied by the sum of the tax	29683
rates of fixed-rate qualifying levies.	29684

(E) Not later than September 15, 2005, the tax commissioner	29685
shall determine for each school district, joint vocational school	29686
district, and local taxing unit its fixed-sum levy loss. The	29687
fixed-sum levy loss is the amount obtained by subtracting the	29688
amount described in division (E)(2) of this section from the	29689
amount described in division (E)(1) of this section:	29690

(1) The sum of the machinery and equipment property tax value	29691
loss, the inventory property tax value loss, and the furniture and	29692
fixtures property tax value loss, and, for 2008 through 2017 the	29693
telephone property tax value loss of the district or unit	29694
multiplied by the sum of the fixed-sum tax rates of qualifying	29695
levies. For 2006 through 2010, this computation shall include all	29696
qualifying levies remaining in effect for the current tax year and	29697
any school district ~~emergency~~ levies imposed under section	29698
5705.194 or 5705.213 of the Revised Code that are qualifying	29699
levies not remaining in effect for the current year. For 2011	29700
through 2017 in the case of school district ~~emergency~~ levies	29701
imposed under section 5705.194 or 5705.213 of the Revised Code and	29702
for all years after 2010 in the case of other fixed-sum levies,	29703
this computation shall include only qualifying levies remaining	29704
in effect for the current year. For purposes of this computation,	29705
a qualifying school district ~~emergency~~ levy imposed under section	29706
5705.194 or 5705.213 of the Revised Code remains in effect in a	29707
year after 2010 only if, for that year, the board of education	29708
levies a school district ~~emergency~~ levy imposed under section	29709
5705.194 or 5705.213 of the Revised Code for an annual sum at	29710
least equal to the annual sum levied by the board in tax year	29711
2004 less the amount of the payment certified under this division	29712
for 2006.	29713

(2) The total taxable value in tax year 2004 less the sum of	29714
the machinery and equipment, inventory, furniture and fixtures,	29715
and telephone property tax value losses in each school district,	29716
joint vocational school district, and local taxing unit multiplied	29717
by one-half of one mill per dollar.	29718

(3) For the calculations in divisions (E)(1) and (2) of this	29719
section, the tax value losses are those that would be calculated	29720
for tax year 2009 under divisions (C)(1), (2), and (3) of this	29721
section and for tax year 2011 under division (C)(4) of this	29722
section.	29723

(4) To facilitate the calculation under divisions (D) and (E)	29724
of this section, not later than September 1, 2005, any school	29725
district, joint vocational school district, or local taxing unit	29726
that has a qualifying levy that was approved at an election	29727
conducted during 2005 before September 1, 2005, shall certify to	29728
the tax commissioner a copy of the county auditor's certificate of	29729
estimated property tax millage for such levy as required under	29730
division (B) of section 5705.03 of the Revised Code, which is the	29731
rate that shall be used in the calculations under such divisions.	29732

If the amount determined under division (E) of this section	29733
for any school district, joint vocational school district, or	29734
local taxing unit is greater than zero, that amount shall equal	29735
the reimbursement to be paid pursuant to division ~~(D)~~(E) of	29736
section 5751.21 or division (A)(3) of section 5751.22 of the	29737
Revised Code, and the one-half of one mill that is subtracted	29738
under division (E)(2) of this section shall be apportioned among	29739
all contributing fixed-sum levies in the proportion that each	29740
levy bears to the sum of all fixed-sum levies within each school	29741
district, joint vocational school district, or local taxing unit.	29742

(F) Not later than October 1, 2005, the tax commissioner	29743
shall certify to the department of education for every school	29744
district and joint vocational school district the machinery and	29745
equipment, inventory, furniture and fixtures, and telephone	29746
property tax value losses determined under division (C) of this	29747
section, the machinery and equipment, inventory, furniture and	29748
fixtures, and telephone fixed-rate levy losses determined under	29749
division (D) of this section, and the fixed-sum levy losses	29750
calculated under division (E) of this section. The calculations	29751
under divisions (D) and (E) of this section shall separately	29752
display the levy loss for each levy eligible for reimbursement.	29753

(G) Not later than October 1, 2005, the tax commissioner	29754
shall certify the amount of the fixed-sum levy losses to the	29755
county auditor of each county in which a school district, joint	29756
vocational school district, or local taxing unit with a fixed-sum	29757
levy loss reimbursement has territory.	29758

Sec. 5751.21. (A) Not later than the ~~fifteenth~~thirtieth	29759
day of July of 2007 through 2017, the department of education	29760
shall consult with the director of budget and management and	29761
determine the following for each school district and each joint	29762
vocational school district eligible for payment under division	29763
(B) of this section:	29764

(1) The state education aid offset, which is the difference	29765
obtained by subtracting the amount described in division (A)(1)(b)	29766
of this section from the amount described in division (A)(1)(a) of	29767
this section:	29768

(a) The state education aid computed for the school district	29769
or joint vocational school district for the current fiscal year as	29770
of the ~~fifteenth~~thirtieth day of July;	29771

(b) The state education aid that would be computed for the	29772
school district or joint vocational school district for the	29773
current fiscal year as of the ~~fifteenth~~thirtieth day of July if	29774
the recognized valuation included the machinery and equipment,	29775
inventory, furniture and fixtures, and telephone property tax	29776
value losses for the school district or joint vocational school	29777
district for the second preceding tax year, and if taxes charged	29778
and payable associated with the tax value losses are accounted for	29779
in any state education aid computation dependent on taxes charged	29780
and payable.	29781

(2) The greater of zero or the difference obtained by	29782
subtracting the state education aid offset determined under	29783
division (A)(1) of this section from the sum of the machinery and	29784
equipment fixed-rate levy loss, the inventory fixed-rate levy	29785
loss, furniture and fixtures fixed-rate levy loss, and telephone	29786
property fixed-rate levy loss certified under division (F) of	29787
section 5751.20 of the Revised Code for all taxing districts in	29788
each school district and joint vocational school district for the	29789
second preceding tax year.	29790

By the ~~twentieth~~thirtieth day of July of each such year,	29791
the department of education and the director of budget and	29792
management shall agree upon the amount to be determined under	29793
division (A)(1) of this section.	29794

(B) On or before the thirty-first day of August of each year	29795
beginning in 2008, the department of education shall recalculate	29796
the offset described under division (A) of this section for the	29797
previous fiscal year and recalculate the payments made under	29798
division (C) of this section in the preceding fiscal year using	29799
the offset calculated under this division. If the payments	29800
calculated under this division differ from the payments made under	29801
division (C) of this section in the preceding fiscal year, the	29802
difference shall either be paid to a school district or recaptured	29803
from a school district through an adjustment at the same times	29804
during the current fiscal year that the payments under division	29805
(C) of this section are made. In August and October of the current	29806
fiscal year, the amount of each adjustment shall be three-sevenths	29807
of the amount calculated under this division. In May of the	29808
current fiscal year, the adjustment shall be one-seventh of the	29809
amount calculated under this division.	29810

(C) The department of education shall pay from the school	29811
district tangible property tax replacement fund to each school	29812
district and joint vocational school district all of the following	29813
for fixed-rate levy losses certified under division (F) of section	29814
5751.20 of the Revised Code:	29815

(1) On or before May 31, 2006, one-seventh of the total	29816
fixed-rate levy loss for tax year 2006;	29817

(2) On or before August 31, 2006, and October 31, 2006,	29818
one-half of six-sevenths of the total fixed-rate levy loss for tax	29819
year 2006;	29820

(3) On or before May 31, 2007, one-seventh of the total	29821
fixed-rate levy loss for tax year 2007;	29822

(4) On or before August 31, 2007, and October 31, 2007,	29823
forty-three per cent of the amount determined under division	29824
(A)(2) of this section for fiscal year 2008, but not less than	29825
zero, plus one-half of six-sevenths of the difference between the	29826
total fixed-rate levy loss for tax year 2007 and the total	29827
fixed-rate levy loss for tax year 2006.	29828

(5) On or before May 31, 2008, fourteen per cent of the	29829
amount determined under division (A)(2) of this section for	29830
fiscal year 2008, but not less than zero, plus one-seventh of the	29831
difference between the total fixed-rate levy loss for tax year	29832
2008 and the total fixed-rate levy loss for tax year 2006.	29833

(6) On or before August 31, 2008, and October 31, 2008,	29834
forty-three per cent of the amount determined under division	29835
(A)(2) of this section for fiscal year 2009, but not less than	29836
zero, plus one-half of six-sevenths of the difference between the	29837
total fixed-rate levy loss in tax year 2008 and the total	29838
fixed-rate levy loss in tax year 2007.	29839

(7) On or before May 31, 2009, fourteen per cent of the	29840
amount determined under division (A)(2) of this section for	29841
fiscal year 2009, but not less than zero, plus one-seventh of the	29842
difference between the total fixed-rate levy loss for tax year	29843
2009 and the total fixed-rate levy loss for tax year 2007.	29844

(8) On or before August 31, 2009, and October 31, 2009,	29845
forty-three per cent of the amount determined under division	29846
(A)(2) of this section for fiscal year 2010, but not less than	29847
zero, plus one-half of six-sevenths of the difference between the	29848
total fixed-rate levy loss in tax year 2009 and the total	29849
fixed-rate levy loss in tax year 2008.	29850

(9) On or before May 31, 2010, fourteen per cent of the	29851
amount determined under division (A)(2) of this section for	29852
fiscal year 2010, but not less than zero, plus one-seventh of the	29853
difference between the total fixed-rate levy loss in tax year 2010	29854
and the total fixed-rate levy loss in tax year 2008.	29855

(10) On or before August 31, 2010, and October 31, 2010,	29856
forty-three per cent of the amount determined under division	29857
(A)(2) of this section for fiscal year 2011, but not less than	29858
zero, plus one-half of six-sevenths of the difference between the	29859
telephone property fixed-rate levy loss for tax year 2010 and the	29860
telephone property fixed-rate levy loss for tax year 2009.	29861

(11) On or before May 31, 2011, fourteen per cent of the	29862
amount determined under division (A)(2) of this section for	29863
fiscal year 2011, but not less than zero, plus one-seventh of the	29864
difference between the telephone property fixed-rate levy loss for	29865
tax year 2011 and the telephone property fixed-rate levy loss for	29866
tax year 2009.	29867

(12) On or before August 31, 2011, and October 31, 2011, the	29868
amount determined under division (A)(2) of this section	29869
multiplied by a fraction, the numerator of which is fourteen and	29870
the denominator of which is seventeen, but not less than zero,	29871
multiplied by forty-three per cent, plus one-half of six-sevenths	29872
of the difference between the telephone property fixed-rate levy	29873
loss for tax year 2011 and the telephone property fixed-rate levy	29874
loss for tax year 2010.	29875

(13) On or before May 31, 2012, fourteen per cent of the	29876
amount determined under division (A)(2) of this section for	29877
fiscal year 2012, multiplied by a fraction, the numerator of	29878
which is fourteen and the denominator of which is seventeen, plus	29879
one-seventh of the difference between the telephone property	29880
fixed-rate levy loss for tax year 2011 and the telephone property	29881
fixed-rate levy loss for tax year 2010.	29882

(14) On or before August 31, 2012, October 31, 2012, and May	29883
31, 2013, the amount determined under division (A)(2) of this	29884
section multiplied by a fraction, the numerator of which is	29885
eleven and the denominator of which is seventeen, but not less	29886
than zero, multiplied by one-third.	29887

(15) On or before August 31, 2013, October 31, 2013, and May	29888
31, 2014, the amount determined under division (A)(2) of this	29889
section multiplied by a fraction, the numerator of which is nine	29890
and the denominator of which is seventeen, but not less than	29891
zero, multiplied by one-third.	29892

(16) On or before August 31, 2014, October 31, 2014, and May	29893
31, 2015, the amount determined under division (A)(2) of this	29894
section multiplied by a fraction, the numerator of which is seven	29895
and the denominator of which is seventeen, but not less than	29896
zero, multiplied by one-third.	29897

(17) On or before August 31, 2015, October 31, 2015, and May	29898
31, 2016, the amount determined under division (A)(2) of this	29899
section multiplied by a fraction, the numerator of which is five	29900
and the denominator of which is seventeen, but not less than	29901
zero, multiplied by one-third.	29902

(18) On or before August 31, 2016, October 31, 2016, and May	29903
31, 2017, the amount determined under division (A)(2) of this	29904
section multiplied by a fraction, the numerator of which is three	29905
and the denominator of which is seventeen, but not less than	29906
zero, multiplied by one-third.	29907

(19) On or before August 31, 2017, October 31, 2017, and May	29908
31, 2018, the amount determined under division (A)(2) of this	29909
section multiplied by a fraction, the numerator of which is one	29910
and the denominator of which is seventeen, but not less than	29911
zero, multiplied by one-third.	29912

The department of education shall report to each school	29913
district and joint vocational school district the apportionment of	29914
the payments among the school district's or joint vocational	29915
school district's funds based on the certifications under division	29916
(F) of section 5751.20 of the Revised Code.	29917

Any qualifying levy that is a fixed-rate levy that is not	29918
applicable to a tax year after 2010 does not qualify for any	29919
reimbursement after the tax year to which it is last applicable.	29920

~~(C)~~(D) For taxes levied within the ten-mill limitation for	29921
debt purposes in tax year 2005, payments shall be made equal to	29922
one hundred per cent of the loss computed as if the tax were a	29923
fixed-rate levy, but those payments shall extend from fiscal year	29924
2006 through fiscal year 2018, as long as the qualifying levy	29925
continues to be used for debt purposes. If the purpose of such a	29926
qualifying levy is changed, that levy becomes subject to the	29927
payments determined in division ~~(B)~~(C) of this section.	29928

~~(D)~~(E)(1) Not later than January 1, 2006, for each fixed-sum	29929
levy of each school district or joint vocational school district	29930
and for each year for which a determination is made under division	29931
(F) of section 5751.20 of the Revised Code that a fixed-sum levy	29932
loss is to be reimbursed, the tax commissioner shall certify to	29933
the department of education the fixed-sum levy loss determined	29934
under that division. The certification shall cover a time period	29935
sufficient to include all fixed-sum levies for which the	29936
commissioner made such a determination. The department shall pay	29937
from the school district property tax replacement fund to the	29938
school district or joint vocational school district one-third of	29939
the fixed-sum levy loss so certified for each year on or before	29940
the last day of ~~May~~June, August, and October of the current year.	29941

(2) Beginning in 2006, by the first day of January of each	29942
year, the tax commissioner shall review the certification	29943
originally made under division ~~(D)~~(E)(1) of this section. If the	29944
commissioner determines that a debt levy that had been scheduled	29945
to be reimbursed in the current year has expired, a revised	29946
certification for that and all subsequent years shall be made to	29947
the department of education.	29948

~~(E)~~(F) Beginning in September 2007 and through June 2018, the	29949
director of budget and management shall transfer from the school	29950
district tangible property tax replacement fund to the general	29951
revenue fund each of the following:	29952

(1) On the first day of September, one-fourth of the amount	29953
determined for that fiscal year under division (A)(1) of this	29954
section;	29955

(2) On the first day of December, one-fourth of the amount	29956
determined for that fiscal year under division (A)(1) of this	29957
section;	29958

(3) On the first day of March, one-fourth of the amount	29959
determined for that fiscal year under division (A)(1) of this	29960
section;	29961

(4) On the first day of June, one-fourth of the amount	29962
determined for that fiscal year under division (A)(1) of this	29963
section.	29964

If, when a transfer is required under division ~~(E)~~(F)(1),	29965
(2), (3), or (4) of this section, there is not sufficient money	29966
in the school district tangible property tax replacement fund to	29967
make the transfer in the required amount, the director shall	29968
transfer the balance in the fund to the general revenue fund and	29969
may make additional transfers on later dates as determined by the	29970
director in a total amount that does not exceed one-fourth of the	29971
amount determined for the fiscal year.	29972

~~(F)~~(G) For each of the fiscal years 2006 through 2018, if the	29973
total amount in the school district tangible property tax	29974
replacement fund is insufficient to make all payments under	29975
divisions ~~(B)~~(C), ~~(C)~~(D), and ~~(D)~~(E) of this section at the times	29976
the payments are to be made, the director of budget and	29977
management shall transfer from the general revenue fund to the	29978
school district tangible property tax replacement fund the	29979
difference between the total amount to be paid and the amount in	29980
the school district tangible property tax replacement fund. For	29981
each fiscal year after 2018, at the time payments under division	29982
~~(D)~~(E) of this section are to be made, the director of budget and	29983
management shall transfer from the general revenue fund to the	29984
school district property tax replacement fund the amount	29985
necessary to make such payments.	29986

~~(G)~~(H)(1) On the fifteenth day of June of 2006 through 2011,	29987
the director of budget and management may transfer any balance in	29988
the school district tangible property tax replacement fund to the	29989
general revenue fund. At the end of fiscal years 2012 through	29990
2018, any balance in the school district tangible property tax	29991
replacement fund shall remain in the fund to be used in future	29992
fiscal years for school purposes.	29993

(2) In each fiscal year beginning with fiscal year 2019, all	29994
amounts credited to the school district tangible personal property	29995
tax replacement fund shall be appropriated for school purposes.	29996

~~(H)~~(I) If all of the territory of a school district or joint	29997
vocational school district is merged with another district, or if	29998
a part of the territory of a school district or joint vocational	29999
school district is transferred to an existing or newly created	30000
district, the department of education, in consultation with the	30001
tax commissioner, shall adjust the payments made under this	30002
section as follows:	30003

(1) For a merger of two or more districts, the machinery and	30004
equipment, inventory, furniture and fixtures, and telephone	30005
property fixed-rate levy losses and the fixed-sum levy losses of	30006
the successor district shall be equal to the sum of the machinery	30007
and equipment, inventory, furniture and fixtures, and telephone	30008
property fixed-rate levy losses and debt levy losses as determined	30009
in section 5751.20 of the Revised Code, for each of the districts	30010
involved in the merger.	30011

(2) If property is transferred from one district to a	30012
previously existing district, the amount of machinery and	30013
equipment, inventory, furniture and fixtures, and telephone	30014
property tax value losses and fixed-rate levy losses that shall be	30015
transferred to the recipient district shall be an amount equal to	30016
the total machinery and equipment, inventory, furniture and	30017
fixtures, and telephone property fixed-rate levy losses times a	30018
fraction, the numerator of which is the value of business tangible	30019
personal property on the land being transferred in the most recent	30020
year for which data are available, and the denominator of which is	30021
the total value of business tangible personal property in the	30022
district from which the land is being transferred in the most	30023
recent year for which data are available. For each of the first	30024
five years after the property is transferred, but not after fiscal	30025
year 2012, if the tax rate in the recipient district is less than	30026
the tax rate of the district from which the land was transferred,	30027
one-half of the payments arising from the amount of fixed-rate	30028
levy losses so transferred to the recipient district shall be paid	30029
to the recipient district and one-half of the payments arising	30030
from the fixed-rate levy losses so transferred shall be paid to	30031
the district from which the land was transferred. Fixed-rate levy	30032
losses so transferred shall be computed on the basis of the sum of	30033
the rates of fixed-rate qualifying levies of the district from	30034
which the land was transferred, notwithstanding division ~~(D)~~(E) of	30035
this section.	30036

(3) After December 31, 2004, if property is transferred from	30037
one or more districts to a district that is newly created out of	30038
the transferred property, the newly created district shall be	30039
deemed not to have any machinery and equipment, inventory,	30040
furniture and fixtures, or telephone property fixed-rate levy	30041
losses and the districts from which the property was transferred	30042
shall have no reduction in their machinery and equipment,	30043
inventory, furniture and fixtures, and telephone property	30044
fixed-rate levy losses.	30045

(4) If the recipient district under division ~~(H)~~(I)(2) of	30046
this section or the newly created district under divisions	30047
~~(H)~~(I)(3) of this section is assuming debt from one or more of	30048
the districts from which the property was transferred and any of	30049
the districts losing the property had fixed-sum levy losses, the	30050
department of education, in consultation with the tax	30051
commissioner, shall make an equitable division of the fixed-sum	30052
levy loss reimbursements.	30053

Sec. 6101.53. To maintain, operate, and preserve the	30054
reservoirs, ditches, drains, dams, levies, canals, sewers, pumping	30055
stations, treatment and disposal works, or other properties or	30056
improvements acquired or made pursuant to this chapter, to	30057
strengthen, repair, and restore the same, when needed, and to	30058
defray the current expenses of the conservancy district, the board	30059
of directors of the district may, upon the substantial completion	30060
of the improvements and on or before the ~~first~~fifteenth day of	30061
September in each year thereafter, levy an assessment upon each	30062
tract or parcel of land and upon each public corporation within	30063
the district, subject to assessments under this chapter, to be	30064
known as a conservancy maintenance assessment. No assessment shall	30065
be made with respect to works and improvements acquired or	30066
constructed for the purpose of providing a water supply for	30067
domestic, industrial, and public use within the district, when the	30068
water supply can be metered or measured when furnished to persons	30069
or public corporations. If the district, for the benefit of one or	30070
more persons or political subdivisions, provides a water supply	30071
that recharges underground aquifers and thereby replenishes wells	30072
or provides a source of water for new wells, or increases the	30073
natural low flow of a stream used for water supply, or creates an	30074
impoundment, in such a way that the augmented use of water cannot	30075
be metered or measured for individual or public consumption, the	30076
board may make a maintenance assessment against benefited property	30077
and public corporations in the same manner provided in this	30078
section for maintenance of other properties or improvements.	30079

The maintenance assessment shall be apportioned upon the	30080
basis of the total appraisal of benefits accruing for original and	30081
subsequent construction, shall not exceed one per cent of the	30082
total appraisal of benefits in any one year unless the court by	30083
its order authorizes an assessment of a larger percentage, shall	30084
not be less than two dollars, and shall be certified to the county	30085
auditor of each county in which lands of the district are located	30086
in the conservancy assessment record but in a separate column in	30087
like manner and at the same time as the annual installment of the	30088
assessment levied under section 6101.48 of the Revised Code is	30089
certified, under the heading maintenance assessment. The auditor	30090
shall certify the same to the county treasurer of the county at	30091
the same time that the auditor certifies the annual installment of	30092
the assessments levied under that section, and the sum of the	30093
levies for any tract or public corporation may be certified as a	30094
single item. The treasurer shall demand and collect the	30095
maintenance assessment and make return of it, and shall be liable	30096
for the same penalties for failure to do so as are provided for	30097
the annual installment of the assessment levied under section	30098
6101.48 of the Revised Code.	30099

The amount of the maintenance assessment paid by any parcel	30100
of land or public corporation shall not be credited against the	30101
benefits assessed against the parcel of land or public	30102
corporation, but the maintenance assessment shall be in addition	30103
to any assessment that has been or can be levied under section	30104
6101.48 of the Revised Code.	30105

To maintain, operate, and preserve the works and improvements	30106
of the district acquired or constructed for the purpose of	30107
providing a water supply, to strengthen, repair, and restore the	30108
same, and to defray the current expenses of the district for this	30109
purpose, the board may impose rates for the sale of water to	30110
public corporations and persons within the district. The rates to	30111
be charged for the water shall be fixed and adjusted by the board	30112
at intervals of not less than one year, so that the income thus	30113
produced will be adequate to provide a maintenance fund for the	30114
purpose of water supply. Contracts for supplying water to public	30115
corporations and persons shall be entered into before the service	30116
is rendered by the district. Contracts shall specify the maximum	30117
quantity of water to be furnished to the public corporation or	30118
person, and the quantity shall be fixed so as equitably to	30119
distribute the supply. Preference shall be given to water supply	30120
furnished to public corporations for domestic and public uses.	30121
Bills for water supplied to public corporations shall be rendered	30122
at regular intervals and shall be payable from the waterworks fund	30123
of the public corporation or, if it is not sufficient, from the	30124
general fund.	30125

Sec. 6101.55. The board of directors of a conservancy	30126
district shall each year after the original assessment has been	30127
levied determine, order, and levy the annual levy, which shall	30128
include all assessments, or installments of assessments, together	30129
with interest, levied under this chapter, which become due in the	30130
ensuing year. The annual levy shall be due and be collected at the	30131
same time that state and county taxes are due and collected. After	30132
bonds have been sold, in the determination of an annual levy, the	30133
rate of interest upon the unpaid installments of an assessment	30134
shall be the rate borne by the bonds that have been issued and	30135
sold pursuant to the assessment. The annual levy shall be recorded	30136
in the conservancy assessment record, shall be signed and	30137
certified by the president of the board and by the secretary of	30138
the conservancy district not later than the ~~first~~fifteenth day of	30139
September each year, and shall thereafter become a permanent	30140
record in the office of the district.	30141

The certificate of the annual levy shall be substantially as	30142
set forth in section 6101.84 of the Revised Code. Then shall	30143
follow both of the following:	30144

(A) The descriptions of the property opposite the names of	30145
the owners;	30146

(B) The total amount of the annual levy on each piece of	30147
property and on each public corporation for the account of all	30148
funds and the amount of each item making up the total.	30149

The form of the annual levy portion of the conservancy	30150
assessment record as prescribed in this section may be modified	30151
with the approval of the auditor of state. The certificate of the	30152
annual levy and the annual levy portion of the conservancy	30153
assessment record shall be named " Assessment Record of	30154
................ District, ................. County, Ohio."	30155

One copy of that part of the assessment record affecting	30156
lands and public corporations in any county shall be forwarded to	30157
the county auditor of that county. The auditor of each county	30158
shall set up as a charge upon the county treasurer the total	30159
amount of assessments levied as shown by the assessment record,	30160
and shall certify the record as other tax records to the county	30161
treasurer of the county. The treasurer shall collect the amount	30162
according to law. The assessment record shall be the treasurer's	30163
warrant and authority to demand and receive the assessments due in	30164
the county as found in the ~~the~~ record.	30165

In the event of any failure of the board to determine and	30166
order an annual levy for the purpose of paying the interest and	30167
principal of any bonds pursuant to this chapter, the auditor of	30168
the county in which the lands and public corporations subject to	30169
the assessments are situated shall make and complete a levy of the	30170
special assessments necessary for the purpose against the lands	30171
and public corporations in the district, and each piece of	30172
property in that county against which benefits have been	30173
appraised. Any assessment so made and completed by the auditor	30174
shall be made and completed by the auditor in the manner provided	30175
for the making and completion of an assessment by the board, and	30176
shall have the same effect as a levy of assessments determined and	30177
ordered by the board.	30178

Sec. 6117.01. (A) As used in this chapter:

30179

(1) "Sanitary facilities" means sanitary sewers, force mains,	30180
lift or pumping stations, and facilities for the treatment,	30181
disposal, impoundment, or storage of wastes; equipment and	30182
furnishings; and all required appurtenances and necessary real	30183
estate and interests in real estate.	30184

(2) "Drainage" or "waters" means flows from rainfall or	30185
otherwise produced by, or resulting from, the elements, storm	30186
water discharges and releases or migrations of waters from	30187
properties, accumulations, flows, and overflows of water,	30188
including accelerated flows and runoffs, flooding and threats of	30189
flooding of properties and structures, and other surface and	30190
subsurface drainage.	30191

(3) "Drainage facilities" means storm sewers, force mains,	30192
pumping stations, and facilities for the treatment, disposal,	30193
impoundment, retention, control, or storage of waters;	30194
improvements of or for any channel, ditch, drain, floodway, or	30195
watercourse, including location, construction, reconstruction,	30196
reconditioning, widening, deepening, cleaning, removal of	30197
obstructions, straightening, boxing, culverting, tiling, filling,	30198
walling, arching, or change in course, location, or terminus;	30199
improvements of or for a river, creek, or run, including	30200
reinforcement of banks, enclosing, deepening, widening,	30201
straightening, removal of obstructions, or change in course,	30202
location, or terminus; facilities for the protection of lands from	30203
the overflow of water, including a levee, wall, embankment, jetty,	30204
dike, dam, sluice, revetment, reservoir, retention or holding	30205
basin, control gate, or breakwater; facilities for controlled	30206
drainage, regulation of stream flow, and protection of an outlet;	30207
the vacation of a ditch or drain; equipment and furnishings; and	30208
all required appurtenances and necessary real estate and interests	30209
in real estate.	30210

(4) "County sanitary engineer" means either of the following:

30211

(a) The registered professional engineer employed or	30212
appointed by the board of county commissioners to be the county	30213
sanitary engineer as provided in this section ~~6117.01 of the~~	30214
~~Revised Code~~;	30215

(b) The county engineer, if, for as long as and to the extent	30216
that engineer by agreement entered into under section 315.14 of	30217
the Revised Code is retained to discharge duties of a county	30218
sanitary engineer under this chapter.	30219

(5) "Current operating expenses," "debt charges," "permanent	30220
improvement," "public obligations," and "subdivision" have the	30221
same meanings as in section 133.01 of the Revised Code.	30222

(6) "Construct," "construction," or "constructing" means	30223
construction, reconstruction, enlargement, extension, improvement,	30224
renovation, repair, and replacement of sanitary or drainage	30225
facilities or of prevention or replacement facilities, but does	30226
not include any repairs, replacements, or similar actions that do	30227
not constitute and qualify as permanent improvements.	30228

(7) "Maintain," "maintaining," or "maintenance" means	30229
repairs, replacements, and similar actions that constitute and are	30230
payable as current operating expenses and that are required to	30231
restore sanitary or drainage facilities or prevention or	30232
replacement facilities to, or to continue sanitary or drainage	30233
facilities or prevention or replacement facilities in, good order	30234
and working condition, but does not include construction of	30235
permanent improvements.	30236

(8) "Public agency" means a state and any agency or	30237
subdivision of a state, including a county, a municipal	30238
corporation, or other subdivision.	30239

(9) "Combined sewer" means a sewer system that is designed to	30240
collect and convey sewage, including domestic, commercial, and	30241
industrial wastewater, and storm water through a single-pipe	30242
system to a treatment works or combined sewer overflow outfall	30243
approved by the director of environmental protection.	30244

(10) "Prevention or replacement facilities" means vegetated	30245
swales or median strips, permeable pavement, trees and tree boxes,	30246
rain barrels and cisterns, rain gardens and filtration planters,	30247
vegetated roofs, wetlands, riparian buffers, and practices and	30248
structures that use or mimic natural processes to filter or reuse	30249
storm water.	30250

(B)(1) For the purpose of preserving and promoting the public	30251
health and welfare, a board of county commissioners may lay out,	30252
establish, consolidate, or otherwise modify the boundaries of, and	30253
maintain, one or more sewer districts within the county and	30254
outside municipal corporations and may have a registered	30255
professional engineer make the surveys necessary for the	30256
determination of the proper boundaries of each district, which	30257
shall be designated by an appropriate name or number. The board	30258
may acquire, construct, maintain, and operate within any district	30259
sanitary or drainage facilities that it determines to be necessary	30260
or appropriate for the collection of sewage and other wastes	30261
originating in or entering the district, to comply with the	30262
provisions of a contract entered into for the purposes described	30263
in sections 6117.41 to 6117.44 of the Revised Code and pursuant to	30264
those sections or other applicable provisions of law, or for the	30265
collection, control, or abatement of waters originating or	30266
accumulating in, or flowing in, into, or through, the district,	30267
and other sanitary or drainage facilities, within or outside of	30268
the district, that it determines to be necessary or appropriate to	30269
conduct the wastes and waters to a proper outlet and to provide	30270
for their proper treatment, disposal, and disposition. The board	30271
may provide for the protection of the sanitary and drainage	30272
facilities and may negotiate and enter into a contract with any	30273
public agency or person for the management, maintenance,	30274
operation, and repair of any of the facilities on behalf of the	30275
county upon the terms and conditions that may be agreed upon with	30276
the agency or person and that may be determined by the board to be	30277
in the best interests of the county. By contract with any public	30278
agency or person operating sanitary or drainage facilities within	30279
or outside of the county, the board may provide a proper outlet	30280
for any of the wastes and waters and for their proper treatment,	30281
disposal, and disposition.	30282

(2) For purposes of preventing storm water from entering a	30283
combined sewer and causing an overflow or an inflow to a sanitary	30284
sewer, the board may acquire, design, construct, operate, repair,	30285
maintain, and provide for a project or program that separates	30286
storm water from a combined sewer or for a prevention or	30287
replacement facility that prevents or minimizes storm water from	30288
entering a combined sewer or a sanitary sewer.	30289

(C) The board of county commissioners may employ a registered	30290
professional engineer to be the county sanitary engineer for the	30291
time and on the terms it considers best and may authorize the	30292
county sanitary engineer to employ necessary assistants upon the	30293
terms fixed by the board. Prior to the initial assignment of	30294
drainage facilities duties to the county sanitary engineer, if the	30295
county sanitary engineer is not the county engineer, the board	30296
first shall offer to enter into an agreement with the county	30297
engineer pursuant to section 315.14 of the Revised Code for	30298
assistance in the performance of those duties of the board	30299
pertaining to drainage facilities, and the county engineer shall	30300
accept or reject the offer within thirty days after the date the	30301
offer is made.	30302

The board may create and maintain a sanitary engineering	30303
department, which shall be under its supervision and which shall	30304
be headed by the county sanitary engineer, for the purpose of	30305
aiding it in the performance of its duties under this chapter and	30306
Chapter 6103. of the Revised Code or its other duties regarding	30307
sanitation, drainage, and water supply provided by law. The board	30308
shall provide suitable facilities for the use of the department	30309
and shall provide for and pay the compensation of the county	30310
sanitary engineer and all authorized necessary expenses of the	30311
county sanitary engineer and the sanitary engineering department.	30312
The county sanitary engineer, with the approval of the board, may	30313
appoint necessary assistants and clerks, and the compensation of	30314
those assistants and clerks shall be provided for and paid by the	30315
board.	30316

(D) The board of county commissioners may adopt, publish,	30317
administer, and enforce rules for the construction, maintenance,	30318
protection, and use of county-owned or county-operated sanitary	30319
and drainage facilities and prevention or replacement facilities	30320
outside municipal corporations, and of sanitary and drainage	30321
facilities and prevention or replacement facilities within	30322
municipal corporations that are owned or operated by the county	30323
or that discharge into sanitary or drainage facilities or	30324
prevention or replacement facilities owned or operated by the	30325
county, including, but not limited to, rules for the establishment	30326
and use of any connections, the termination in accordance with	30327
reasonable procedures of sanitary service for the nonpayment of	30328
county sanitary rates and charges and, if so determined, the	30329
concurrent termination of any county water service for the	30330
nonpayment of those rates and charges, the termination in	30331
accordance with reasonable procedures of drainage service for the	30332
nonpayment of county drainage rates and charges, and the	30333
establishment and use of security deposits to the extent	30334
considered necessary to ensure the payment of county sanitary or	30335
drainage rates and charges. The rules shall not be inconsistent	30336
with the laws of this state or any applicable rules of the	30337
director of environmental protection.	30338

(E) No sanitary or drainage facilities or prevention or	30339
replacement facilities shall be constructed in any county outside	30340
municipal corporations by any person until the plans and	30341
specifications have been approved by the board of county	30342
commissioners, and any construction shall be done under the	30343
supervision of the county sanitary engineer. Not less than thirty	30344
days before the date drainage plans are submitted to the board for	30345
its approval, the plans shall be submitted to the county engineer.	30346
If the county engineer is of the opinion after review that the	30347
facilities will have a significant adverse effect on roads,	30348
culverts, bridges, or existing maintenance within the county, the	30349
county engineer may submit a written opinion to the board not	30350
later than thirty days after the date the plans are submitted to	30351
the county engineer. The board may take action relative to the	30352
drainage plans only after the earliest of receiving the written	30353
opinion of the county engineer, receiving a written waiver of	30354
submission of an opinion from the county engineer, or passage of	30355
thirty days from the date the plans are submitted to the county	30356
engineer. Any person constructing the facilities shall pay to the	30357
county all expenses incurred by the board in connection with the	30358
construction	30359

(F) The county sanitary engineer or the county sanitary	30360
engineer's authorized assistants or agents, when properly	30361
identified in writing or otherwise and after written notice is	30362
delivered to the owner at least five days in advance or is mailed	30363
at least five days in advance by first class or certified mail to	30364
the owner's tax mailing address, may enter upon any public or	30365
private property for the purpose of making, and may make, surveys	30366
or inspections necessary for the laying out of sewer districts or	30367
the design or evaluation of county sanitary or drainage facilities	30368
or prevention or replacement facilities. This entry is not a	30369
trespass and is not to be considered an entry in connection with	30370
any appropriation of property proceedings under sections 163.01 to	30371
163.22 of the Revised Code that may be pending. No person or	30372
public agency shall forbid the county sanitary engineer or the	30373
county sanitary engineer's authorized assistants or agents to	30374
enter, or interfere with their entry, upon the property for that	30375
purpose or forbid or interfere with their making of surveys or	30376
inspections. If actual damage is done to property by the making of	30377
the surveys and inspections, the board shall pay the reasonable	30378
value of the damage to the property owner, and the cost shall be	30379
included in the cost of the facilities and may be included in any	30380
special assessments to be levied and collected to pay that cost.	30381

Sec. 6117.011. A board of county commissioners in the manner	30382
provided in this section may make surveys of water supply,	30383
sanitary facilities, or drainage facilities, or prevention or	30384
replacement facilities for any sewer district, the acquisition or	30385
construction of which is contemplated.	30386

Any board desiring to make a survey shall adopt a resolution	30387
declaring its purpose and necessity. In making the surveys, the	30388
board may call upon engineering officers or employees regularly	30389
employed by the board or may authorize and enter into contracts	30390
for the services of registered professional engineers to make the	30391
surveys.	30392

The surveys authorized by this section may include drawings,	30393
plans, specifications, estimates of cost of labor and materials,	30394
other items of cost, assessment rolls, and other facts, material,	30395
data, reports, and information and recommendations that the board	30396
considers advisable or necessary for the purpose.	30397

Contracts entered into for the surveys shall be considered	30398
contracts for professional services and may provide for	30399
preliminary surveys or the making of detailed plans, or both, and	30400
also may provide for engineering supervision of the work. No	30401
contract shall be valid unless one or more of the services to be	30402
performed are by its terms to be commenced within one year after	30403
the contract date.	30404

The contracts shall be signed by at least two members of the	30405
board and by the engineer agreeing to perform the service, and one	30406
signed copy of the contract shall be filed with the fiscal officer	30407
of the county, whose certificate, otherwise required by section	30408
5705.41 of the Revised Code, need not be provided. Payment for	30409
the contracts may be made from the general fund or any other fund	30410
legally available for that use at the times that are agreed upon	30411
or as determined by the board. The proceeds of any public	30412
obligations issued pursuant to section 6119.36 of the Revised Code	30413
or any other public obligations issued or incurred to pay the cost	30414
of facilities to which a survey relates may be used to pay any	30415
part of the cost under the contracts or to reimburse the fund from	30416
which payment was made.	30417

Sec. 6117.012. (A) A board of county commissioners may adopt	30418
rules requiring owners of property within the district whose	30419
property is served by a connection to sewers maintained and	30420
operated by the board or to sewers that are connected to	30421
interceptor sewers maintained and operated by the board to do any	30422
of the following:	30423

(1) Disconnect ~~stormwater~~storm water inflows to sanitary	30424
sewers maintained and operated by the board and not operated as a	30425
combined sewer, or to connections with those sewers;	30426

(2) Disconnect ~~non-stormwater~~non-storm water inflows to	30427
~~stormwater~~storm water sewers maintained and operated by the board	30428
and not operated as a combined sewer, or to connections with those	30429
storm water sewers;	30430

(3) Reconnect or relocate any such disconnected inflows in	30431
compliance with board rules and applicable building codes, health	30432
codes, or other relevant codes;	30433

(4) Prevent sewer back-ups into properties that have	30434
experienced one or more ~~overflows~~back-ups of sanitary or combined	30435
sewers maintained and operated by the board;	30436

(5) Prevent storm water from entering a combined sewer and	30437
causing an overflow or an inflow to a sanitary sewer, which	30438
prevention may include projects or programs that separate the	30439
storm water from a combined sewer or that utilize a prevention	30440
or replacement facility to prevent or minimize storm water from	30441
entering a combined sewer or a sanitary sewer.	30442

(B) Any inflow required to be disconnected or any sewer	30443
back-up required to be prevented under a rule adopted pursuant to	30444
~~division~~divisions (A)(1) to (4) of this section constitutes a	30445
nuisance subject to injunctive relief and abatement pursuant to	30446
Chapter 3767. of the Revised Code or as otherwise permitted by	30447
law.	30448

(C) A board of county commissioners may use sewer district	30449
funds; county general fund moneys; the proceeds of bonds issued	30450
under Chapter 133. or 165. of the Revised Code; and, to the extent	30451
permitted by their terms, loans, grants, or other moneys from	30452
appropriate state or federal funds, for either of the following:	30453

(1) The cost of disconnections, reconnections, relocations,	30454
combined sewer overflow prevention, or sewer back-up prevention	30455
required by rules adopted pursuant to division (A) of this	30456
section, performed by the county or under contract with the	30457
county;	30458

(2) Payments to the property owner or a contractor hired by	30459
the property owner pursuant to a competitive process established	30460
by district rules, for the cost of disconnections, reconnections,	30461
relocations, combined sewer overflow prevention, or sewer back-up	30462
prevention required by rules adopted pursuant to division (A) of	30463
this section after the board, pursuant to its rules, has approved	30464
the work to be performed and after the county has received from	30465
the property owner a statement releasing the county from all	30466
liability in connection with the disconnections, reconnections,	30467
relocations, combined sewer overflow prevention, or sewer back-up	30468
prevention.	30469

(D) Except as provided in division (E) of this section, the	30470
board of county commissioners shall require in its rules regarding	30471
disconnections, reconnections, or relocations of sewers, combined	30472
sewer overflow prevention, or sewer back-up prevention the	30473
reimbursement of moneys expended pursuant to division (C) of this	30474
section by either of the following methods:	30475

(1) A charge to the property owner in the amount of the	30476
payment made pursuant to division (C) of this section for	30477
immediate payment or payment in installments with interest as	30478
determined by the board not to exceed ten per cent, which payments	30479
may be billed as a separate item with the rents charged to that	30480
owner for use of the sewers. The board may approve installment	30481
payments for a period of not more than fifteen years. If charges	30482
are to be paid in installments, the board shall certify to the	30483
county auditor information sufficient to identify each subject	30484
parcel of property, the total of the charges to be paid in	30485
installments, and the total number of installments to be paid. The	30486
auditor shall record the information in the sewer improvement	30487
record until these charges are paid in full. Charges not paid when	30488
due shall be certified to the county auditor, who shall place the	30489
charges upon the real property tax list and duplicate against that	30490
property. Those charges shall be a lien on the property from the	30491
date they are placed on the tax list and duplicate and shall be	30492
collected in the same manner as other taxes.	30493

(2) A special assessment levied against the property, payable	30494
in the number of years the board determines, not to exceed fifteen	30495
years, with interest as determined by the board not to exceed ten	30496
per cent. The board shall certify the assessments to the county	30497
auditor, stating the amount and time of payment. The auditor shall	30498
record the information in the county sewer improvement record,	30499
showing separately the assessments to be collected, and shall	30500
place the assessments upon the real property tax list and	30501
duplicate for collection. The assessments shall be a lien on the	30502
property from the date they are placed on the tax list and	30503
duplicate and shall be collected in the same manner as other	30504
taxes.	30505

(E) The county may adopt a resolution specifying a maximum	30506
amount of the cost of any disconnection, reconnection,	30507
relocation, combined sewer overflow prevention, or sewer back-up	30508
prevention required pursuant to division (A) of this section that	30509
may be paid by the county for each affected parcel of property	30510
without requiring reimbursement. That amount may be allowed only	30511
if there is a building code, health code, or other relevant code,	30512
or a federally imposed or state-imposed consent decree that is	30513
filed or otherwise recorded in a court of competent jurisdiction,	30514
applicable to the affected parcel that prohibits in the future any	30515
inflows, combined sewer overflows, or sewer back-ups not allowed	30516
under rules adopted pursuant to division (A)(1) or, (4), or (5) of	30517
this section. The board, by rule, shall establish criteria for	30518
determining how much of the maximum amount for each qualifying	30519
parcel need not be reimbursed.	30520

(F) Disconnections, reconnections, relocations, combined	30521
sewer overflow prevention, or sewer back-up prevention required	30522
under this section and performed by a contractor under contract	30523
with the property owner shall not be considered a public	30524
improvement, and those performed by the county shall be considered	30525
a public improvement as defined in section 4115.03 of the Revised	30526
Code.	30527

Disconnections, reconnections, relocations, combined sewer	30528
overflow prevention, or sewer back-up prevention required under	30529
this section performed by a contractor under contract with the	30530
property owner shall not be subject to competitive bidding or	30531
public bond laws.	30532

(G) Property owners shall be responsible for maintaining any	30533
improvements made or facilities constructed on private property to	30534
reconnect or relocate disconnected inflows, for combined sewer	30535
overflow prevention, or for sewer back-up prevention pursuant to	30536
this section unless a public easement or other agreement exists	30537
for the county to maintain that improvement or facility.	30538

(H) A board of county commissioners may provide rate	30539
reductions of and credits against charges for the use of sewers to	30540
a property owner that implements a project or program that	30541
prevents storm water from entering a combined sewer and causing an	30542
overflow. Such a project or program may include the use of a	30543
prevention or replacement facility to handle storm water that has	30544
been separated from a combined sewer. The revised rates or charges	30545
shall be collected and paid to the county treasurer in accordance	30546
with section 6117.02 of the Revised Code.	30547

Sec. 6117.04. The authority of a board of county	30548
commissioners to acquire, construct, maintain, and operate	30549
sanitary or drainage facilities or prevention or replacement	30550
facilities for a county sewer district in the territory of a	30551
municipal corporation, or a regional district established under	30552
Chapter 6119. of the Revised Code, that is in whole or in part	30553
within the county sewer district is the same as provided by law	30554
with respect to territory within a county sewer district that is	30555
wholly outside a municipal corporation or a regional district,	30556
subject to the following in the case of facilities within a	30557
municipal corporation:	30558

(A) The acquisition, construction, maintenance, and operation	30559
of the facilities shall first be authorized by an ordinance or	30560
resolution of the legislative authority of the municipal	30561
corporation.	30562

(B) All road surfaces, curbs, sidewalks, sewers, water supply	30563
facilities, or other public improvements or property that may be	30564
disturbed or damaged by the construction of the facilities shall	30565
be replaced or restored within a reasonable time by the county,	30566
and the cost shall be treated as a part of the cost of the	30567
facilities.	30568

(C) The municipal corporation, with the prior approval of or	30569
by agreement with the board, may make use of the facilities in	30570
accordance with rules established by the board and subject to any	30571
applicable requirements of the director of environmental	30572
protection.	30573

Sec. 6117.05. (A) Whenever any portion of a sewer district	30574
is incorporated as, or annexed to, a municipal corporation, the	30575
area so incorporated or annexed shall remain under the	30576
jurisdiction of the board of county commissioners for purposes of	30577
the acquisition and construction of sanitary and drainage facility	30578
and prevention or replacement facility improvements until all of	30579
those improvements for the area for which a resolution described	30580
in division (A) or (E) of section 6117.06 of the Revised Code has	30581
been adopted by the board have been acquired or completed or until	30582
the board has abandoned the improvements. The board, unless and	30583
until a conveyance is made to a municipal corporation in	30584
accordance with division (B) of this section, shall continue to	30585
have jurisdiction in the area so incorporated or annexed with	30586
respect to the management, maintenance, and operation of all	30587
sanitary and drainage facilities and prevention or replacement	30588
facilities so acquired or completed, or previously acquired or	30589
completed, including the right to establish rules and rates and	30590
charges for the use of, and connections to, the facilities. The	30591
incorporation or annexation of any part of a district shall not	30592
affect the legality or enforceability of any public obligations	30593
issued or incurred by the county for purposes of this chapter to	30594
provide for the payment of the cost of acquisition, construction,	30595
maintenance, or operation of any sanitary or drainage facilities	30596
or prevention or replacement facilities within the area, or the	30597
validity of any assessments levied or to be levied upon	30598
properties within the area to provide for the payment of the cost	30599
of acquisition, construction, maintenance, or operation of the	30600
facilities.	30601

(B) Any completed sanitary or drainage facilities or	30602
prevention or replacement facilities acquired or constructed by a	30603
county under this chapter for the use of any county sewer	30604
district, or any part of those facilities, that are located within	30605
a municipal corporation or within any area that is incorporated	30606
as, or annexed to, a municipal corporation, or any part of the	30607
facilities that serve a municipal corporation or such an area, may	30608
be conveyed, by mutual agreement between the board and the	30609
municipal corporation, to the municipal corporation on terms and	30610
for consideration as may be negotiated. Upon and after the	30611
conveyance, the municipal corporation shall manage, maintain, and	30612
operate the facilities in accordance with the agreement. The board	30613
may retain the right to joint use of all or part of any facilities	30614
so conveyed for the benefit of the district. Neither the validity	30615
of any assessment levied or to be levied, nor the legality or	30616
enforceability of any public obligations issued or incurred, to	30617
provide for the payment of the cost of the acquisition,	30618
construction, maintenance, or operation of the facilities or any	30619
part of them, shall be affected by the conveyance.	30620

Sec. 6117.06. (A) After the establishment of any sewer	30621
district, the board of county commissioners, if a sanitary or	30622
drainage facility or prevention or replacement facility	30623
improvement is to be undertaken, may have the county sanitary	30624
engineer prepare, or otherwise cause to be prepared, for the	30625
district, or revise as needed, a general plan of sewerage or	30626
drainage that is as complete in each case as can be developed at	30627
the time and that is devised with regard to any existing sanitary	30628
or drainage facilities or prevention or replacement facilities in	30629
the district and present as well as prospective needs for	30630
additional sanitary or drainage facilities or prevention or	30631
replacement facilities in the district. After the general plan, in	30632
original or revised form, has been approved by the board, it may	30633
adopt a resolution generally describing the improvement that is	30634
necessary to be acquired or constructed in accordance with the	30635
particular plan, declaring that the improvement is necessary for	30636
the preservation and promotion of the public health and welfare,	30637
and determining whether or not special assessments are to be	30638
levied and collected to pay any part of the cost of the	30639
improvement.	30640

(B) If special assessments are not to be levied and collected	30641
to pay any part of the cost of the improvement, the board, in the	30642
resolution provided for in division (A) of this section or in a	30643
subsequent resolution, including a resolution authorizing the	30644
issuance or incurrence of public obligations for the improvement,	30645
may authorize the improvement and the expenditure of the funds	30646
required for its acquisition or construction and may proceed with	30647
the improvement without regard to the procedures otherwise	30648
required by divisions (C), (D), and (E) of this section and by	30649
sections 6117.07 to 6117.24 of the Revised Code. Those procedures	30650
are required only for improvements for which special assessments	30651
are to be levied and collected.	30652

(C) If special assessments are to be levied and collected	30653
pursuant to a determination made in the resolution provided for in	30654
division (A) of this section or in a subsequent resolution, the	30655
procedures referred to in division (B) of this section as being	30656
required for that purpose shall apply, and the board may have the	30657
county sanitary engineer prepare, or otherwise cause to be	30658
prepared, detailed plans, specifications, and an estimate of cost	30659
for the improvement, together with a tentative assessment of the	30660
cost based on the estimate. The tentative assessment shall be for	30661
the information of property owners and shall not be levied or	30662
certified to the county auditor for collection. The detailed	30663
plans, specifications, estimate of cost, and tentative assessment,	30664
if approved by the board, shall be carefully preserved in the	30665
office of the board or the county sanitary engineer and shall be	30666
open to the inspection of all persons interested in the	30667
improvement.	30668

(D) After the board's approval of the detailed plans,	30669
specifications, estimate of cost, and tentative assessment, and at	30670
least twenty-four days before adopting a resolution pursuant to	30671
division (E) of this section, the board, except to the extent that	30672
appropriate waivers of notice are obtained from affected owners,	30673
shall cause to be sent a notice of its intent to adopt the	30674
resolution to each owner of property proposed to be assessed that	30675
is listed on the records of the county auditor for current	30676
agricultural use value taxation pursuant to section 5713.31 of the	30677
Revised Code and that is not located in an agricultural district	30678
established under section 929.02 of the Revised Code. The notice	30679
shall satisfy all of the following:	30680

(1) Be sent by first class or certified mail;

30681

(2) Specify the proposed date of the adoption of the	30682
resolution;	30683

(3) Contain a statement that the improvement will be financed	30684
in whole or in part by special assessments and that all properties	30685
not located in an agricultural district established pursuant to	30686
section 929.02 of the Revised Code may be subject to a special	30687
assessment;	30688

(4) Contain a statement that an agricultural district may be	30689
established by filing an application with the county auditor.	30690

If it appears, by the return of the mailed notices or by	30691
other means, that one or more of the affected owners cannot be	30692
found or are not served by the mailed notice, the board shall	30693
cause the notice to be published once in a newspaper of general	30694
circulation in the county not later than ten days before the	30695
adoption of the resolution.	30696

(E) After complying with divisions (A), (C), and (D) of this	30697
section, the board may adopt a resolution declaring that the	30698
improvement, which shall be described as to its nature and its	30699
location, route, and termini, is necessary for the preservation	30700
and promotion of the public health and welfare, referring to the	30701
plans, specifications, estimate of cost, and tentative assessment,	30702
stating the place where they are on file and may be examined, and	30703
providing that the entire cost or a lesser designated part of the	30704
cost will be specially assessed against the benefited properties	30705
within the district and that any balance will be paid by the	30706
county at large from other available funds. The resolution also	30707
shall contain a description of the boundaries of that part of the	30708
district to be assessed and shall designate a time and place for	30709
objections to the improvement, to the tentative assessment, or to	30710
the boundaries of the assessment district to be heard by the	30711
board. The date of that hearing shall be not less than twenty-four	30712
days after the date of the first publication of the notice of the	30713
hearing required by this division.	30714

The board shall cause a notice of the hearing to be published	30715
once a week for two consecutive weeks in a newspaper of general	30716
circulation in the county, and on or before the date of the second	30717
publication, it shall cause to be sent by first class or	30718
certified mail a copy of the notice to every owner of property to	30719
be assessed for the improvement whose address is known.	30720

The notice shall set forth the time and place of the hearing,	30721
a summary description of the proposed improvement, including its	30722
general route and termini, a summary description of the area	30723
constituting the assessment district, and the place where the	30724
plans, specifications, estimate of cost, and tentative assessment	30725
are on file and may be examined. Each mailed notice also shall	30726
include a statement that the property of the addressee will be	30727
assessed for the improvement. The notice also shall be sent by	30728
first class or certified mail, on or before the date of the second	30729
publication, to the clerk, or to the official discharging the	30730
duties of a clerk, of any municipal corporation any part of which	30731
lies within the assessment district and shall state whether or not	30732
any property belonging to the municipal corporation is to be	30733
assessed and, if so, shall identify that property.	30734

At the hearing, or at any adjournment of the hearing, of	30735
which no further published or mailed notice need be given, the	30736
board shall hear all parties whose properties are proposed to be	30737
assessed. Written objections to or endorsements of the proposed	30738
improvement, its character and termini, the boundaries of the	30739
assessment district, or the tentative assessment shall be received	30740
by the board for a period of five days after the completion of the	30741
hearing, and no action shall be taken by the board in the matter	30742
until after that period has elapsed. The minutes of the hearing	30743
shall be entered on the journal of the board, showing the persons	30744
who appear in person or by attorney, and all written objections	30745
shall be preserved and filed in the office of the board.	30746

Sec. 6117.25. (A) The board of county commissioners may pay	30747
the whole or any part of the cost of constructing, maintaining,	30748
repairing, or operating any improvement provided for in this	30749
chapter, including the payment of a county sanitary engineer and	30750
~~his~~the sanitary engineer's assistants and other necessary	30751
expenses. Insofar as such expenses relate to the construction of a	30752
permanent improvement, they may be considered as part of the cost	30753
of such improvement and bonds may be issued therefor. ~~Bonds~~	30754

(B) Bonds and notes in anticipation thereof, including bonds	30755
issued in anticipation of the collection of assessments deferred	30756
pursuant to sections 6117.061 and 6117.33 of the Revised Code, may	30757
be issued by the board pursuant to Chapter 133. of the Revised	30758
Code, to finance any such improvement;, provided that where a	30759
separate issue of bonds is issued in anticipation of the	30760
collection of deferred assessments, the first principal maturity	30761
of such bonds may be not later than five years from the date of	30762
such bonds. Bonds issued in anticipation of the collection of	30763
assessments deferred pursuant to sections 6117.061 and 6117.33 of	30764
the Revised Code and notes issued in anticipation of such bonds	30765
shall be considered for all purposes under this chapter and	30766
Chapter 133. of the Revised Code as being bonds or notes issued in	30767
anticipation of the levy or collection of special assessments.	30768

(C) Bonds may be issued by the board under Chapter 165. of	30769
the Revised Code to finance such improvements payable solely from	30770
revenues generated by the improvements.	30771

Sec. 6117.251. (A) After the establishment of any county	30772
sewer district, the board of county commissioners may determine by	30773
resolution that it is necessary to provide sanitary or drainage	30774
facility improvements or prevention or replacement facility	30775
improvements and to maintain and operate the improvements within	30776
the district or a designated portion of the district, that the	30777
improvements, which shall be generally described in the	30778
resolution, shall be constructed, that funds are required to pay	30779
the preliminary costs of the improvements to be incurred prior to	30780
the commencement of the proceedings for their construction, and	30781
that those funds shall be provided in accordance with this	30782
section.	30783

(B) Prior to the adoption of the resolution, the board shall	30784
give notice of its pendency and of the proposed determination of	30785
the necessity of the improvements generally described in the	30786
resolution. The notice shall set forth a description of the	30787
properties to be benefited by the improvements and the time and	30788
place of a hearing of objections to and endorsements of the	30789
improvements. The notice shall be given either by publication in a	30790
newspaper of general circulation in the county once a week for two	30791
consecutive weeks, or by mailing a copy of the notice by first	30792
class or certified mail to the owners of the properties proposed	30793
to be assessed at their respective tax mailing addresses, or by	30794
both manners, the first publication to be made or the mailing to	30795
occur at least two weeks prior to the date set for the hearing. At	30796
the hearing, or at any adjournment of the hearing, of which no	30797
further published or mailed notice need be given, the board shall	30798
hear all persons whose properties are proposed to be assessed and	30799
the evidence it considers to be necessary. The board then shall	30800
determine the necessity of the proposed improvements and whether	30801
the improvements shall be made by the board and, if they are to be	30802
made, shall direct the preparation of tentative assessments upon	30803
the benefited properties and by whom they shall be prepared.	30804

(C) In order to obtain funds for the preparation of a general	30805
or revised general plan of sewerage or drainage for the district	30806
or part of the district, for the preparation of the detailed	30807
plans, specifications, estimate of cost, and tentative assessment	30808
for the proposed improvements, and for the cost of financing and	30809
legal services incident to the preparation of all of those plans	30810
and a plan of financing the proposed improvements, the board may	30811
levy upon the properties to be benefited in the district a	30812
preliminary assessment apportioned according to benefits or to tax	30813
valuation or partly by one method and partly by the other method	30814
as the board may determine. The assessments shall be in the	30815
amount determined to be necessary to obtain funds for the general	30816
and detailed plans and the cost of financing and legal services	30817
and shall be payable in the number of years that the board shall	30818
determine, not to exceed twenty years, together with interest on	30819
any public obligations that may be issued or incurred in	30820
anticipation of the collection of the assessments.	30821

(D) The board shall have power at any time to levy additional	30822
assessments according to benefits or to tax valuation or partly by	30823
one method and partly by the other method as the board may	30824
determine for the purposes described in division (C) of this	30825
section upon the benefited properties to complete the payment of	30826
the costs described in division (C) of this section or to pay the	30827
cost of any additional plans, specifications, estimate of cost, or	30828
tentative assessment and the cost of financing and legal services	30829
incident to the preparation of those plans and the plan of	30830
financing, which additional assessments shall be payable in the	30831
number of years that the board shall determine, not to exceed	30832
twenty years, together with interest on any public obligations	30833
that may be issued or incurred in anticipation of the collection	30834
of the additional assessments.	30835

(E) Prior to the adoption of a resolution levying assessments	30836
under this section, the board shall give notice either by one	30837
publication in a newspaper of general circulation in the county,	30838
or by mailing a copy of the notice by first class or certified	30839
mail to the owners of the properties proposed to be assessed at	30840
their respective tax mailing addresses, or by both manners, the	30841
publication to be made or the mailing to occur at least ten days	30842
prior to the date of the meeting at which the resolution shall be	30843
taken up for consideration; that notice shall state the time and	30844
place of the meeting at which the resolution is to be considered.	30845
At the time and place of the meeting, or at any adjournment of	30846
the meeting, of which no further published or mailed notice need	30847
be given, the board shall hear all persons whose properties are	30848
proposed to be assessed, shall correct any errors and make any	30849
revisions that appear to be necessary or just, and then may adopt	30850
a resolution levying upon the properties determined to be	30851
benefited the assessments as so corrected and revised.	30852

The assessments levied by the resolution shall be certified	30853
to the county auditor for collection in the same manner as taxes	30854
in the year or years in which they are payable.	30855

(F) Upon the adoption of the resolution described in division	30856
(E) of this section, no further action shall be taken or work done	30857
until ten days have elapsed. If, at the expiration of that period,	30858
no appeal has been effected by any property owner as provided in	30859
this division, the action of the board shall be final. If, at the	30860
end of that ten days, any owner of property to be assessed for the	30861
improvements has effected an appeal, no further action shall be	30862
taken and no work done in connection with the improvements under	30863
the resolution until the matters appealed from have been disposed	30864
of in court.	30865

Any owner of property to be assessed may appeal as provided	30866
and upon the grounds stated in sections 6117.09 to 6117.24 of the	30867
Revised Code.	30868

If no appeal has been perfected or if on appeal the	30869
resolution of the board is sustained, the board may authorize and	30870
enter into contracts to carry out the purposes for which the	30871
assessments have been levied without the prior issuance of notes,	30872
provided that the payments under those contracts do not fall due	30873
prior to the time by which the assessments are to be collected.	30874
The board may issue and sell bonds with a maximum maturity of	30875
twenty years in anticipation of the collection of the assessments	30876
and may issue notes in anticipation of the issuance of the bonds,	30877
which notes and bonds, as public obligations, shall be issued and	30878
sold as provided in Chapter 133. of the Revised Code.	30879

Sec. 6117.28. Whenever the owners of all the lots and lands	30880
to be assessed for any sanitary or drainage facility improvement	30881
or any prevention or replacement facility improvement provided for	30882
in this chapter, by petition in writing, request the board of	30883
county commissioners to provide for the acquisition or	30884
construction, maintenance, and operation of the improvement,	30885
describing the improvement and the lots and lands owned by them	30886
respectively to be assessed to pay the cost of acquisition or	30887
construction, maintenance, and operation of the improvement and	30888
consenting that their lots and lands may be assessed to pay the	30889
cost of the acquisition or construction of the improvement and of	30890
its maintenance and operation as provided in this chapter, and	30891
waive all legal notices otherwise required, the board may have	30892
the county sanitary engineer prepare, or otherwise cause to be	30893
prepared, the necessary plans, specifications, and estimate of	30894
cost of the acquisition or construction, maintenance, and	30895
operation of the improvement and a tentative assessment. When the	30896
owners state, in writing, that they have examined the estimate of	30897
cost and tentative assessment, that they have no objections to	30898
them, and that, in case bonds are proposed to be issued prior to	30899
the acquisition or construction of the improvement, they waive	30900
their right or option to pay the assessments in cash, the board	30901
may proceed as provided in this chapter to cause the improvement	30902
to be acquired or constructed and to cause provision to be made	30903
for the payment of the cost of its acquisition or construction,	30904
maintenance, and operation, except that none of the notices	30905
otherwise required by law need be given and no opportunity need be	30906
provided for the filing of objections to the improvement, its	30907
character and termini, the boundaries of the assessment district,	30908
or the tentative assessment or, if bonds are issued prior to the	30909
acquisition or construction of the improvement, for paying the	30910
assessments in cash. The board may proceed to issue or incur	30911
public obligations in the required amount, complete the	30912
acquisition or construction of the improvement, and levy and	30913
collect the assessments authorized by this chapter. No person or	30914
public agency shall have the right to appeal from any decision or	30915
action of the board in the matter except refusal by the board to	30916
proceed with the improvement.	30917

The tentative assessment provided for in this section shall	30918
be for the information of property owners and shall not be levied	30919
or certified to the county auditor for collection. On completion	30920
of the improvement, its cost shall be determined, and the county	30921
sanitary engineer shall prepare, or otherwise cause to be	30922
prepared, a revised assessment based on the actual cost and in	30923
substantially the same proportion as the tentative assessment. The	30924
board shall confirm and levy the revised assessment and certify it	30925
to the county auditor for collection.	30926

Sec. 6117.30. The cost of the acquisition or construction of	30927
sanitary or drainage facilities or prevention or replacement	30928
facilities to be paid by assessments shall be assessed, as an	30929
assessment district assessment, upon all the property within the	30930
county sewer district found to be benefited in accordance with the	30931
special benefits conferred, less any part of the cost that is	30932
paid by the county at large from other available funds. State land	30933
so benefited shall bear its portion of the assessed cost.	30934

Sec. 6117.34. Whenever the legislative authority or board of	30935
health, or the officers performing the duties of the legislative	30936
authority or board of health, of a municipal corporation, the	30937
board of health of a general health district, or a board of	30938
township trustees makes complaint, in writing, to the	30939
environmental protection agency that unsanitary conditions exist	30940
in any county, the agency's director forthwith shall inquire into	30941
and investigate the conditions complained of. If, upon	30942
investigation of the complaint, the director finds that it is	30943
necessary for the public health and welfare that sanitary or	30944
drainage facilities or prevention or replacement facilities be	30945
acquired or constructed, maintained, and operated to serve any	30946
territory outside municipal corporations in any county, the	30947
director shall notify the board of county commissioners of the	30948
county of that finding and order that corrective action be taken.	30949
The board shall obey the order and proceed as provided in this	30950
chapter to establish a county sewer district, if required, to	30951
provide the necessary funds, to acquire or construct the	30952
facilities, and to maintain and operate the facilities, as	30953
required by the order and in a manner that is satisfactory to the	30954
director. Any part or all of the cost of the facilities or of the	30955
maintenance and operation of the facilities may be assessed upon	30956
the benefited properties as provided in this chapter.	30957

Sec. 6117.38. (A) At any time after the formation of any	30958
county sewer district, the board of county commissioners, when it	30959
considers it appropriate, on application by a person or public	30960
agency for the provision of sewerage or drainage to properties of	30961
the person or public agency located outside of the district, may	30962
contract with the person or public agency for depositing sewage or	30963
drainage from those properties in facilities acquired or	30964
constructed or to be acquired or constructed by the county to	30965
serve the district and for the treatment, disposal, and	30966
disposition of the sewage or drainage, on terms that the board	30967
considers equitable. The amount to be paid by the person or public	30968
agency to reimburse the county for costs of acquiring or	30969
constructing those facilities shall not be less than the original	30970
or comparable assessment for similar property within the district	30971
or, in the absence of an original or comparable assessment, an	30972
amount that is found by the board to be reasonable and fairly	30973
reflective of that portion of the cost of those facilities	30974
attributable to the properties to be served. The board shall	30975
appropriate any moneys received for that service to and for the	30976
use and benefit of the district. The board may collect the amount	30977
to be paid by the person or public agency in full, in cash or in	30978
installments as a part of a connection charge to be collected in	30979
accordance with division (B) or (D) of section 6117.02 of the	30980
Revised Code, or if the properties to be served are located within	30981
the county, the same amount may be assessed against those	30982
properties, and, in that event, the manner of making the	30983
assessment, together with the notice of it, shall be as provided	30984
in this chapter.	30985

(B) Whenever sanitary or drainage facilities or prevention or	30986
replacement facilities have been acquired or constructed by, and	30987
at the expense of, a person or public agency and the board	30988
considers it appropriate to acquire the facilities or any part of	30989
them for the purpose of providing sewerage or drainage service to	30990
territory within a sewer district, the county sanitary engineer,	30991
at the direction of the board, shall examine the facilities. If	30992
the county sanitary engineer finds the facilities properly	30993
designed and constructed, the county sanitary engineer shall	30994
certify that fact to the board. The board may determine to	30995
purchase the facilities or any part of them at a cost that, after	30996
consultation with the county sanitary engineer, it finds to be	30997
reasonable.	30998

Subject to and in accordance with this division and division	30999
(B) or divisions (C), (D), and (E) of section 6117.06 of the	31000
Revised Code, the board may purchase the facilities or any part of	31001
them by negotiation. For the purpose of paying the cost of their	31002
acquisition, the board may issue or incur public obligations and	31003
assess the entire cost, or a lesser designated part of the cost,	31004
of their acquisition against the benefited properties in the	31005
manner provided in this chapter for the construction of original	31006
or comparable facilities.	31007

Sec. 6117.41. At any time after the formation of any county	31008
sewer district, the board of county commissioners may enter into a	31009
contract, upon the terms and for the period of time that are	31010
mutually agreed upon, with any other public agency to prepare all	31011
necessary plans and estimates of cost and to acquire or construct	31012
any sanitary or drainage facilities or any prevention or	31013
replacement facilities that are to be used jointly by the	31014
contracting parties, and to provide for the maintenance,	31015
operation, and joint use by the contracting parties of those	31016
facilities or the maintenance, operation, and joint use of any	31017
suitable existing sanitary or drainage facilities or prevention or	31018
replacement facilities belonging to either of the contracting	31019
parties.	31020

Sec. 6117.42. All contracts under section 6117.41 of the	31021
Revised Code shall provide for the payment of compensation to the	31022
county or other public agency owning, acquiring, or constructing,	31023
or agreeing to acquire or construct, the sanitary or drainage	31024
facilities or prevention or replacement facilities to be jointly	31025
used in an amount agreed upon as the other party's share of the	31026
cost of acquiring or constructing the facilities. The contract	31027
also shall provide for payment of compensation to the county or	31028
other public agency owning, acquiring, or constructing the	31029
facilities and operating and maintaining them in an amount agreed	31030
upon as the other party's share of the cost of operating and	31031
maintaining them or, in lieu of all other or differing payments,	31032
and agreed price per unit of flow. A county or other public agency	31033
owning, acquiring, or constructing, or agreeing to acquire or	31034
construct, any of the facilities and agreeing to their use by	31035
another public agency shall retain full control and management of	31036
the acquisition, construction, maintenance, and operation of the	31037
facilities, unless otherwise provided in the contract and except,	31038
in the case of a county, when conveyed to a municipal corporation	31039
as provided in division (B) of section 6117.05 of the Revised	31040
Code.	31041

Sec. 6117.43. A county or other public agency contracting	31042
as provided in sections 6117.41 and 6117.42 of the Revised Code	31043
for the joint use of any sanitary or drainage facilities or any	31044
prevention or replacement facilities acquired or constructed, or	31045
to be acquired or constructed, by another public agency may	31046
provide for payment of the agreed compensation by the levy of	31047
taxes or special assessments or from sanitary sewer or drainage	31048
rates and charges, if and to the extent that the public agency is	31049
authorized by the laws governing it in the acquisition,	31050
construction, maintenance, or operation of the facilities to	31051
provide for payment of the costs in respect of which the	31052
compensation is due from those sources, and may issue or incur	31053
public obligations as provided by those laws and pay the debt	31054
charges on those obligations from those sources if and to the	31055
extent so authorized.	31056

Sec. 6117.44. A county or other public agency receiving the	31057
compensation provided for in section 6117.42 of the Revised Code	31058
shall credit the amount so received to the proper fund to be used	31059
for the acquisition, construction, or operation and maintenance,	31060
as the case may be, of the sanitary or drainage facilities or the	31061
prevention or replacement facilities or for other authorized	31062
purposes.	31063

Sec. 6117.45. No person or public agency shall tamper with	31064
or damage any sanitary or drainage facility or any prevention or	31065
replacement facility acquired or constructed by a county under	31066
this chapter or any apparatus or accessory connected with it or	31067
pertaining to it, or make any connection into or with the	31068
facility, without the permission of the board of county	31069
commissioners or in a manner or for a use other than as prescribed	31070
by the board. No person or public agency shall refuse to permit	31071
the inspection by the county sanitary engineer of any such	31072
connection. No person or public agency shall violate any other	31073
provision of this chapter.	31074

All fines collected under section 6117.99 of the Revised Code	31075
shall be paid to the county treasurer and credited to the fund	31076
that the board determines to be most appropriate after	31077
consideration of the nature and extent of the particular	31078
violations.	31079

Sec. 6117.49. (A) If the board of county commissioners	31080
determines by resolution that the best interests of the county and	31081
those served by the sanitary or drainage facilities or the	31082
prevention or replacement facilities of a county sewer district so	31083
require, the board may sell or otherwise dispose of the facilities	31084
to another public agency or a person. The resolution declaring the	31085
necessity of that disposition shall recite the reasons for the	31086
sale or other disposition and shall establish any conditions or	31087
terms that the board may impose, including, but not limited to, a	31088
minimum sales price if a sale is proposed, a requirement for the	31089
submission by bidders of the schedule of rates and charges	31090
initially proposed to be paid for the services of the facilities,	31091
and other pertinent conditions or terms relating to the sale or	31092
other disposition. The resolution also shall designate a time and	31093
place for the hearing of objections to the sale or other	31094
disposition by the board. Notice of the adoption of the resolution	31095
and the time and place of the hearing shall be published once a	31096
week for two consecutive weeks in a newspaper of general	31097
circulation in the sewer district and in the county. The public	31098
hearing on the sale or other disposition shall be held not less	31099
than twenty-four days following the date of first publication of	31100
the notice. A copy of the notice also shall be sent by first class	31101
or certified mail, on or before the date of the second	31102
publication, to any public agency within the area served by the	31103
facilities. At the public hearing, or at any adjournment of it,	31104
of which no further published or mailed notice need be given, the	31105
board shall hear all interested parties. A period of five days	31106
shall be given following the completion of the hearing for the	31107
filing of written objections by any interested persons or public	31108
agencies to the sale or other disposition, after which the board	31109
shall consider any objections and by resolution determine whether	31110
or not to proceed with the sale or other disposition. If the	31111
board determines to proceed with the sale or other disposition,	31112
it shall receive bids after advertising once a week for four	31113
consecutive weeks in a newspaper of general circulation in the	31114
county and, subject to the right of the board to reject any or all	31115
bids, may make an award to a responsible bidder whose proposal is	31116
determined by the board to be in the best interests of the county	31117
and those served by the facilities.	31118

(B) A conveyance of sanitary or drainage facilities or of	31119
prevention or replacement facilities by a county to a municipal	31120
corporation in accordance with division (B) of section 6117.05 of	31121
the Revised Code may be made without regard to division (A) of	31122
this section.	31123

Sec. 6121.045. With respect to a loan made under this	31124
chapter, the Ohio water development authority shall not charge any	31125
fees or fines in excess of the principal amount of the loan.	31126

Sec. 6123.042. With respect to a loan made under this	31127
chapter, the Ohio water development authority shall not charge any	31128
fees or fines in excess of the principal amount of the loan.	31129

Section 101.02. That existing sections 9.231, 9.24, 9.835,	31130
105.41, 113.061, 113.40, 117.13, 117.38, 120.08, 121.31,	31131
122.171, 125.02, 125.021, 125.022, 125.04, 125.041, 125.05,	31132
125.06, 125.07, 125.18, 125.25, 127.16, 133.08, 135.61, 135.63,	31133
135.65, 135.66, 145.47, 149.30, 156.02, 165.01, 165.03, 303.12,	31134
303.211, 306.43, 307.697, 317.32, 319.301, 321.261, 340.02,	31135
340.021, 351.26, 519.12, 519.211, 715.73, 715.74, 901.42,	31136
1332.04, 1346.03, 1561.011, 1561.16, 1561.17, 1561.23, 1561.25,	31137
1561.26, 1565.15, 1751.01, 1751.04, 1751.05, 1751.11, 1751.111,	31138
1751.12, 1751.13, 1751.15, 1751.16, 1751.17, 1751.18, 1751.20,	31139
1751.31, 1751.34, 1751.53, 1751.60, 1751.89, 2743.49, 2744.05,	31140
2903.12, 2903.213, 2903.214, 2915.101, 2919.26, 2921.13,	31141
2923.11, 2949.092, 3111.04, 3113.06, 3113.31, 3119.023, 3119.54,	31142
3301.0714, 3311.21, 3311.24, 3313.842, 3313.978, 3314.016,	31143
3314.02, 3314.03, 3314.05, 3316.03, 3316.041, 3316.06, 3316.08,	31144
3317.023, 3317.11, 3317.20, 3318.01, 3318.03, 3318.032, 3318.04,	31145
3319.291, 3323.30, 3323.31, 3323.32, 3323.33, 3333.04, 3333.044,	31146
3333.045, 3333.122, 3335.05, 3341.03, 3343.08, 3344.02,	31147
3345.34, 3350.10, 3352.02, 3353.02, 3353.20, 3353.21, 3353.22,	31148
3353.26, 3353.27, 3353.28, 3353.29, 3354.16, 3355.12, 3356.02,	31149
3357.16, 3359.02, 3361.02, 3364.02, 3501.17, 3702.71, 3702.72,	31150
3702.73, 3702.74, 3702.75, 3702.78, 3702.79, 3702.81, 3702.85,	31151
3702.86, 3702.91, 3702.93, 3702.95, 3703.01, 3734.821, 3735.67,	31152
3743.02, 3743.04, 3743.15, 3743.17, 3743.19, 3743.25, 3743.40,	31153
3743.44, 3743.45, 3743.54, 3743.56, 3743.65, 3743.70, 3743.99,	31154
3901.3814, 3905.40, 3923.281, 3923.443, 3961.04, 4112.12,	31155
4117.14, 4117.15, 4123.26, 4123.32, 4123.37, 4123.54, 4131.03,	31156
4141.31, 4141.312, 4301.355, 4301.421, 4301.424, 4301.62,	31157
4303.182, 4510.10, 4511.01, 4511.101, 4511.181, 4511.191,	31158
4731.65, 4731.71, 4735.01, 4735.02, 4735.10, 4735.13, 4735.14,	31159
4735.141, 4752.04, 4752.05, 4752.06, 4752.07, 4752.11,	31160
4752.12, 4752.13, 4906.13, 4906.98, 4928.142, 4928.20, 4981.14,	31161
5101.26, 5101.5211, 5101.5212, 5101.5213, 5101.5214, 5101.5215,	31162
5101.571, 5101.572, 5101.58, 5101.80, 5104.02, 5111.032,	31163
5111.084, 5111.091, 5111.31, 5111.94, 5111.941, 5112.31,	31164
5112.37, 5123.0412, 5123.196, 5123.36, 5513.01, 5525.01,	31165
5703.19, 5703.21, 5703.57, 5705.194, 5705.214, 5705.29,	31166
5709.121, 5721.30, 5721.31, 5721.32, 5721.33, 5721.34, 5721.35,	31167
5721.36, 5721.37, 5721.38, 5721.39, 5721.40, 5721.41, 5721.42,	31168
5721.43, 5727.84, 5727.85, 5739.01, 5739.02, 5739.029, 5739.09,	31169
5739.12, 5739.122, 5739.124, 5739.21, 5741.04, 5741.12,	31170
5741.121, 5741.122, 5743.021, 5743.024, 5743.321, 5743.323,	31171
5745.05, 5747.01, 5747.02, 5748.022, 5751.20, 5751.21,	31172
6101.53, 6101.55, 6117.01, 6117.011, 6117.012, 6117.04,	31173
6117.05, 6117.06, 6117.25, 6117.251, 6117.28, 6117.30, 6117.34,	31174
6117.38, 6117.41, 6117.42, 6117.43, 6117.44, 6117.45, and	31175
6117.49 of the Revised Code are hereby repealed.	31176

Section 105.01. That sections 124.821, 3314.086, 3317.161,	31177
3353.23, 3353.24, 3353.25, 3353.30, 5111.88, 5111.881, 5111.882,	31178
5111.883, 5111.884, 5111.885, 5111.886, 5111.887, 5111.888,	31179
5111.889, 5111.8810, 5111.8811, 5111.8812, 5111.8813, 5111.8814,	31180
5111.8815, 5111.8816, 5111.8817, 5112.311, and 5739.213 of the	31181
Revised Code are hereby repealed.	31182

Section 201.10. The items set forth in this section are	31183
hereby appropriated out of any moneys in the state treasury to	31184
the credit of the Nursing Home - Federal Fund (Fund 3190) that	31185
are not otherwise appropriated.	31186

Appropriations

OVH OHIO VETERANS' HOME AGENCY	31187

C43019	G-Life Safety & Security	$	310,700	31188
C43020	G-Critical Power & Grounds	$	510,250	31189
C43021	S-S/G Tub Room & Nurse Call	$	1,856,712	31190
C43022	S-G Renovate Giffin First Floor	$	418,015	31191
C43023	S-S/G Floor Replacement	$	579,270	31192
C43024	S-S. VH HVAC Upgrade	$	1,362,936	31193
C43025	S-Network Infrastructure	$	488,807	31194
C43026	G-HVAC Controls Upgrade	$	357,500	31195
Total Ohio Veterans' Home Agency		$	5,884,190	31196
TOTAL Nursing Home - Federal Fund		$	5,884,190	31197

Section 203.10. The items set forth in this section are	31199
hereby appropriated out of any moneys in the state treasury to the	31200
credit of the Army National Guard Service Contract Fund (Fund	31201
3420) that are not otherwise appropriated.	31202

Appropriations

ADJ ADJUTANT GENERAL	31203

C74519	Energy Conservation - Federal Share	$	107,792	31204
Total Adjutant General		$	107,792	31205
TOTAL Army National Guard Service Contract Fund		$	107,792	31206

Section 205.10. The items set forth in this section are	31208
hereby appropriated out of any moneys in the state treasury to the	31209
credit of the Special Administrative Fund (Fund 4A90) that are	31210
not otherwise appropriated.	31211

Appropriations

JFS DEPARTMENT OF JOB AND FAMILY SERVICES	31212

C60000	Various Renovations - Local Offices	$	537,869	31213
C60001	145 South Front Renovation	$	6,500,000	31214
Total Department of Job and Family Services		$	7,037,869	31215
TOTAL Special Administrative Fund		$	7,037,869	31216

Section 207.10. The items set forth in this section are	31218
hereby appropriated out of any moneys in the state treasury to the	31219
credit of the State Fire Marshal Fund (Fund 5460) that are not	31220
otherwise appropriated.	31221

Appropriations

COM DEPARTMENT OF COMMERCE	31222

C80002	MARCS Radios	$	50,000	31223
C80010	Security Enhancements	$	200,000	31224
C80011	Gas Line Replacement	$	80,000	31225
C80012	Roof Replacement Main & Training	$	800,000	31226
C80013	ADAMS Data Imaging System	$	35,000	31227
C80014	Mobile Fire Behavior Lab	$	75,000	31228
C80015	Gas Chromatograph/Mass Spec	$	90,000	31229
C80016	Search & Rescue Training Module	$	70,000	31230
C80017	Fiber-optic Installation with AGR	$	200,000	31231
Total Department of Commerce		$	1,600,000	31232
TOTAL State Fire Marshal Fund		$	1,600,000	31233

Section 209.10. The items set forth in this section are	31235
hereby appropriated out of any moneys in the state treasury to the	31236
credit of the Veterans' Home Improvement Fund (Fund 6040) that are	31237
not otherwise appropriated.	31238

Appropriations

OVH OHIO VETERANS' HOME AGENCY	31239

C43027	G-Life Safety & Security	$	167,300	31240
C43028	G-Critical Power & Grounds	$	274,750	31241
C43029	S-S/G Tub Room & Nurse Call	$	999,768	31242
C43030	S-G Renovate Giffin First Floor	$	225,085	31243
C43031	S-S/G Floor Replacement	$	311,915	31244
C43032	S-S. VH HVAC Upgrade	$	733,889	31245
C43033	S-Network Infrastructure	$	263,204	31246
C43034	G-HVAC Controls Upgrade	$	192,500	31247
C43035	S-Replace Wanderguard System	$	261,000	31248
Total Ohio Veterans' Home Agency		$	3,429,411	31249
TOTAL Veterans' Home Improvement Fund		$	3,429,411	31250

Section 211.10. The items set forth in this section are	31252
hereby appropriated out of any moneys in the state treasury to the	31253
credit of the Highway Safety Fund (Fund 7036) that are not	31254
otherwise appropriated.	31255

Appropriations

DPS DEPARTMENT OF PUBLIC SAFETY	31256

C76021	Academy Maintenance and Repair	$	1,696,345	31257
Total Department of Public Safety		$	1,696,345	31258
TOTAL Highway Safety Fund		$	1,696,345	31259

Section 213.10. The items set forth in this section are	31261
hereby appropriated out of any moneys in the state treasury to the	31262
credit of the State Capital Improvements Revolving Loan Fund (Fund	31263
7040). Revenues to the State Capital Improvements Revolving Loan	31264
Fund shall consist of all repayments of loans made to local	31265
subdivisions for capital improvements, investment earnings on	31266
moneys in the fund, and moneys obtained from federal or private	31267
grants or from other sources for the purpose of making loans for	31268
the purpose of financing or assisting in the financing of the cost	31269
of capital improvement projects of local subdivisions.	31270

Appropriations

PWC PUBLIC WORKS COMMISSION	31271

C15030	Revolving Loan	$	39,500,000	31272
Total Public Works Commission		$	39,500,000	31273
TOTAL State Capital Improvements Revolving Loan Fund		$	39,500,000	31274

The foregoing appropriation item C15030, Revolving Loan,	31275
shall be used in accordance with sections 164.01 to 164.12 of the	31276
Revised Code.	31277

If the Public Works Commission receives refunds due to	31278
project overpayments that are discovered during a post-project	31279
audit, the Director of the Public Works Commission may certify to	31280
the Director of Budget and Management that refunds have been	31281
received. In certifying the refunds, the Director of the Public	31282
Works Commission shall provide the Director of Budget and	31283
Management information on the project refunds. The certification	31284
shall detail by project the source and amount of project	31285
overpayments received and include any supporting documentation	31286
required or requested by the Director of Budget and Management.	31287
Upon receipt of the certification, the Director of Budget and	31288
Management shall determine if the project refunds are necessary to	31289
support existing appropriations. If the project refunds are	31290
available to support additional appropriations, these amounts are	31291
hereby appropriated to appropriation item C15030, Revolving Loan.	31292

Section 215.10. The items set forth in this section are	31293
hereby appropriated out of any moneys in the state treasury to the	31294
credit of the Waterways Safety Fund (Fund 7086) that are not	31295
otherwise appropriated.	31296

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	31297

C725A7	Cooperative Grant Funding for Boating Facilities	$	9,300,000	31298
C725N9	Operations Facilities Development - Sandusky Watercraft Office Construction	$	2,350,000	31299
Total Department of Natural Resources		$	11,650,000	31300
TOTAL Waterways Safety Fund		$	11,650,000	31301

Section 217.10. The items set forth in this section are	31303
hereby appropriated out of any moneys in the state treasury to the	31304
credit of the Clean Ohio Revitalization Fund (Fund 7003) that are	31305
not otherwise appropriated:	31306

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	31307

C19500	Clean Ohio Revitalization	$	32,000,000	31308
C19501	Clean Ohio Assistance	$	8,000,000	31309
Total Department of Development		$	40,000,000	31310
TOTAL Clean Ohio Assistance Fund		$	40,000,000	31311

Section 217.11. CLEAN OHIO REVITALIZATION

31313

The Treasurer of State is hereby authorized to issue and	31314
sell, in accordance with Section 2o of Article VIII, Ohio	31315
Constitution, and pursuant to sections 151.01 and 151.40 of the	31316
Revised Code, original obligations in an aggregate principal	31317
amount not to exceed $40,000,000 in addition to the original	31318
issuance of obligations heretofore authorized by prior acts of the	31319
General Assembly. These authorized obligations shall be issued	31320
and sold from time to time, subject to applicable constitutional	31321
and statutory limitations, as needed to ensure sufficient moneys	31322
to the credit of the Clean Ohio Revitalization Fund (Fund 7003) to	31323
pay costs of revitalization projects.	31324

Section 219.10. The items set forth in this section are	31325
hereby appropriated out of any moneys in the state treasury to the	31326
credit of the Job Ready Site Development Fund (Fund 7012) that	31327
are not otherwise appropriated:	31328

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	31329

C19502	Job Ready Sites	$	30,000,000	31330
Total Department of Development		$	30,000,000	31331
TOTAL Job Ready Site Development Fund		$	30,000,000	31332

Section 219.11. JOB READY SITE DEVELOPMENT

31334

The Ohio Public Facilities Commission, upon request of the	31335
Department of Development, is hereby authorized to issue and sell,	31336
in accordance with Section 2p of Article VIII, Ohio Constitution,	31337
and pursuant to sections 151.01 and 151.11 of the Revised Code,	31338
original obligations of the State of Ohio in an aggregate amount	31339
not to exceed $30,000,000 in addition to the original issuance of	31340
obligations heretofore authorized by prior acts of the General	31341
Assembly. These authorized obligations shall be issued and sold	31342
from time to time, subject to applicable constitutional and	31343
statutory limitations, as needed to ensure sufficient moneys to	31344
the credit of the Job Ready Site Development Fund (Fund 7012) to	31345
pay costs of sites and facilities.	31346

Section 221.10. The items set forth in the sections of this	31347
act prefixed with the section number "221" are hereby appropriated	31348
out of any moneys in the state treasury to the credit of the	31349
Administrative Building Fund (Fund 7026) that are not otherwise	31350
appropriated.	31351

Appropriations

Section 221.10.10. ADJ ADJUTANT GENERAL

31352

C74502	Roof Replacement - Various Facilities	$	583,874	31353
C74503	Electrical Systems - Various Facilities	$	348,079	31354
C74504	Camp Perry Facility/Infrastructure Improvements	$	500,000	31355
C74505	Replace Windows and Doors - Various Facilities	$	341,342	31356
C74506	Plumbing Renovations - Various Facilities	$	523,241	31357
C74507	Paving Renovations - Various Facilities	$	527,733	31358
C74508	HVAC Systems - Various Facilities	$	1,387,939	31359
C74510	Masonary Renovations - Various Facilities	$	180,000	31360
C74526	Energy Conservation - Various Facilities	$	107,792	31361
C74527	Mansfield Lahm Air National Guard Facility	$	200,000	31362
C74528	Camp Perry Improvements	$	1,000,000	31363
C74531	Rickenbacker Radar Project	$	1,125,000	31364
Total Adjutant General		$	6,825,000	31365

Appropriations

Section 221.10.20. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

31367

C10010	Surface Road Building Renovations	$	400,000	31368
C10013	Energy Conservation Projects	$	2,100,000	31369
C10015	SOCC Renovations	$	5,000,000	31370
C10020	North High Street Complex Renovations	$	12,500,000	31371
C10030	Broadband Ohio	$	5,000,000	31372
C10031	Operations Facilities Improvements	$	2,800,000	31373
C10032	Columbus Downtown Development - Sky Bridge Project	$	2,500,000	31374
Total Department of Administrative Services		$	30,300,000	31375

Appropriations

Section 221.10.30. AGR DEPARTMENT OF AGRICULTURE

31377

C70007	Building and Grounds Renovation	$	650,000	31378
C70014	Grounds Security and Emergency Power	$	200,000	31379
C70015	Fiber Installation for Infrastructure ODA/SFM	$	200,000	31380
C70016	ODA/SFM Shared Driveway/Entrance	$	50,000	31381
C70017	Raze Building #2	$	265,000	31382
Total Department of Agriculture		$	1,365,000	31383

Appropriations

Section 221.10.40. CSR CAPITOL SQUARE REVIEW AND ADVISORY	31385
BOARD	31386

C87406	Grounds Improvement	$	221,000	31387
C87407	Sound and Lighting Systems	$	145,000	31388
C87408	HVAC Improvement	$	628,381	31389
C87412	Security and Safety Upgrades	$	337,000	31390
C87413	Education Center	$	540,367	31391
C87414	CSRAB Warehouse	$	450,000	31392
C87415	Interior Repairs and Replacements	$	186,000	31393
Total Capitol Square Review and Advisory Board		$	2,507,748	31394

Appropriations

Section 221.10.50. EXP EXPOSITIONS COMMISSION

31396

C72300	Electric Upgrade	$	2,100,000	31397
C72303	Building Renovations and Repairs	$	11,900,000	31398
C72312	Emergency Renovations and Equipment Replacement	$	1,000,000	31399
C72315	North Parking Lot Improvements and Paving	$	5,000,000	31400
Total Expositions Commission		$	20,000,000	31401

Appropriations

Section 221.10.60. LIB STATE LIBRARY BOARD

31403

C35001		OPLIN Router Replacement Project		$	200,000		31404
Total State Library Board				$	200,000		31405

Appropriations

Section 221.10.70. DNR DEPARTMENT OF NATURAL RESOURCES

31407

C725D5	Fountain Square Building and Telephone System Improvements	$	1,000,000	31408
C725D7	MARCS	$	425,000	31409
C725E0	DNR Fairgrounds Area - General Upgrading - Fairgrounds Site Improvements	$	500,000	31410
C725N7	Operations Facilities Development	$	300,000	31411
Total Department of Natural Resources		$	2,225,000	31412

Appropriations

Section 221.10.80. DPS DEPARTMENT OF PUBLIC SAFETY

31414

C76017	Replacement Mission Critical Building System	$	725,250	31415
C76022	American Red Cross Facility - Cincinnati	$	1,000,000	31416
C76023	Red Cross Muskingum Lakes Chapter	$	500,000	31417
C76024	American Red Cross Facility - Tuscarawas	$	250,000	31418
C76025	Family Services of Cincinnati	$	50,000	31419
C76026	Tallmadge Shooting Range	$	500,000	31420
C76027	Southeast Ohio Emergency Responder Facility	$	25,000	31421
Total Department of Public Safety		$	3,050,250	31422

Appropriations

Section 221.10.90. OSB SCHOOL FOR THE BLIND

31424

C22618	Front Entry Renovations	$	112,500	31425
C22619	Public Address System Replacement	$	77,000	31426
C22620	School HVAC Renovation	$	215,000	31427
C22621	Renovations to Cottage C1	$	125,000	31428
C22622	Track Shelter	$	45,000	31429
Total School for the Blind		$	574,500	31430

Appropriations

Section 221.20.10. OSD SCHOOL FOR THE DEAF

31432

C22108	High School Window Replacement	$	123,000	31433
C22109	High School HVAC	$	117,500	31434
C22110	Gymnasium Floor & Lighting	$	237,000	31435
C22111	Staff Building Windows and Repairs	$	97,000	31436
C22112	Alumni Park Preservation	$	62,500	31437
Total School for the Deaf		$	637,000	31438

Appropriations

Section 221.20.20. DOT DEPARTMENT OF TRANSPORTATION

31439

C77701	Chillicothe Transit Facility - District 9	$	550,000	31440
Total Department of Transportation		$	550,000	31441
TOTAL Administrative Building Fund		$	68,234,498	31442

Section 221.20.30. The Ohio Building Authority is hereby	31444
authorized to issue and sell, in accordance with Section 2i of	31445
Article VIII, Ohio Constitution, and Chapter 152. and other	31446
applicable sections of the Revised Code, original obligations in	31447
an aggregate principal amount not to exceed $48,000,000 in	31448
addition to the original issuance of obligations heretofore	31449
authorized by prior acts of the General Assembly. These authorized	31450
obligations shall be issued, subject to applicable constitutional	31451
and statutory limitations, to pay costs associated with previously	31452
authorized capital facilities and the capital facilities referred	31453
to in Sections 221.10.10 to 221.20.10 of this act.	31454

Section 222.10. DEBT SERVICE PAYMENTS TO THE OHIO BUILDING	31455
AUTHORITY	31456

The Ohio Building Authority shall bill the Capitol Square	31457
Review and Advisory Board, either annually or semiannually, an	31458
amount equal to the debt service charges relating to $450,000 in	31459
additional appropriation authority for the purchase and	31460
improvement of a warehouse in which to store items of the Capitol	31461
Collection Trust and, whenever necessary, equipment or other	31462
property of the Board. The total amount billed each fiscal year	31463
shall not exceed $50,000. The Capitol Square Review and Advisory	31464
Board shall pay such billed amounts from state underground	31465
parking garage fees, receipts, and revenues.	31466

Section 223.10. The items set forth in this section are	31467
hereby appropriated out of any moneys in the state treasury to the	31468
credit of the Adult Correctional Building Fund (Fund 7027) that	31469
are not otherwise appropriated.	31470

Appropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION	31471

STATEWIDE AND CENTRAL OFFICE PROJECTS	31472

C50101	Community Based Correctional Facilities	$	1,600,000	31473
C50103	Asbestos Abatement - SW	$	1,000,000	31474
C50104	Power House/Utility Improvements - SW	$	1,400,000	31475
C50105	Water System/Plant Improvements - SW	$	6,000,000	31476
C50110	Security Improvements - SW	$	10,434,897	31477
C50136	General Building Renovations - SW	$	42,665,103	31478
C50175	Mandown Alert Communication - SW	$	4,800,000	31479
C501B3	Electrical System Upgrade - SW	$	4,100,000	31480
Total Statewide and Central Office Projects		$	72,000,000	31481
TOTAL Department of Rehabilitation and Correction		$	72,000,000	31482
TOTAL Adult Correctional Building Fund		$	72,000,000	31483

Section 223.11. The Ohio Building Authority is hereby	31485
authorized to issue and sell, in accordance with Section 2i of	31486
Article VIII, Ohio Constitution, and Chapter 152. and section	31487
307.021 of the Revised Code, original obligations in an aggregate	31488
principal amount not to exceed $62,000,000 in addition to the	31489
original issuance of obligations heretofore authorized by prior	31490
acts of the General Assembly. These authorized obligations shall	31491
be issued, subject to applicable constitutional and statutory	31492
limitations, to pay costs associated with previously authorized	31493
capital facilities and the capital facilities referred to in	31494
Section 223.10 of this act for the Department of Rehabilitation	31495
and Correction.	31496

Section 225.10. The items set forth in this section are	31497
hereby appropriated out of any moneys in the state treasury to the	31498
credit of the Juvenile Correctional Building Fund (Fund 7028)	31499
that are not otherwise appropriated.	31500

Appropriations

DYS DEPARTMENT OF YOUTH SERVICES	31501

C47001	Fire Suppression, Safety and Security	$	4,036,125	31502
C47002	General Institutional Renovations	$	4,424,725	31503
C47003	CCF Renovations/Maintenance	$	2,000,000	31504
C47007	Juvenile Detention Centers	$	4,980,000	31505
C47016	Shower Renovation - SJCF	$	1,642,000	31506
C47017	Roof Replacement - SJCF	$	1,508,650	31507
C47018	Educational Annex - CHJCF	$	1,408,500	31508
C47019	Lawrence County Youth Facility Relocation	$	500,000	31509
Total Department of Youth Services		$	20,500,000	31510
TOTAL Juvenile Correctional Building Fund		$	20,500,000	31511

Section 225.11. The Ohio Building Authority is hereby	31513
authorized to issue and sell, in accordance with Section 2i of	31514
Article VIII, Ohio Constitution, and Chapter 152. and other	31515
applicable sections of the Revised Code, original obligations in	31516
an aggregate principal amount not to exceed $19,000,000 in	31517
addition to the original issuance of obligations heretofore	31518
authorized by prior acts of the General Assembly. These authorized	31519
obligations shall be issued, subject to applicable constitutional	31520
and statutory limitations, to pay the costs associated with	31521
previously authorized capital facilities and the capital	31522
facilities referred to in Section 225.10 of this act for the	31523
Department of Youth Services.	31524

Section 227.10. The items set forth in this section are	31525
hereby appropriated out of any moneys in the state treasury to the	31526
credit of the Cultural and Sports Facilities Building Fund (Fund	31527
7030) that are not otherwise appropriated.	31528

Appropriations

AFC CULTURAL FACILITIES COMMISSION	31529

C37118	Statewide Site Repairs	$	650,000	31530
C37120	Cincinnati Museum Center	$	2,500,000	31531
C37122	Akron Art Museum	$	700,000	31532
C37123	Youngstown Symphony Orchestra	$	675,000	31533
C37127	Cedar Bog	$	50,000	31534
C37139	Stan Hywet Hall & Gardens	$	1,050,000	31535
C37140	McKinley Museum Improvements	$	200,000	31536
C37142	Midland Theatre Improvements	$	300,000	31537
C37148	Hayes Presidential Center	$	150,000	31538
C37152	Zoar Village Building Restoration	$	90,000	31539
C37153	Basic Renovations and Emergency Repairs	$	850,000	31540
C37158	Rankin House Restoration and Development	$	242,000	31541
C37163	Harding Home and Tomb	$	340,000	31542
C37165	Ohio Historical Center Rehabilitation	$	514,000	31543
C37187	Renaissance Theatre	$	900,000	31544
C37188	Trumpet in the Land Facility	$	150,000	31545
C371A3	Voice of America Museum Facility	$	500,000	31546
C371A9	Western Reserve Historical Society	$	300,000	31547
C371C7	Music Hall Facility	$	1,100,000	31548
C371E5	Pro Football Hall of Fame	$	500,000	31549
C371F6	Colony Theater	$	250,000	31550
C371G4	Collections Storage Facility and Learning Center	$	1,240,000	31551
C371G6	Lockington Locks Stabilization	$	462,000	31552
C371H2	National Underground Railroad Freedom Center	$	850,000	31553
C371H5	Heritage Center of Dayton Manufacturing & Entrepreneurship	$	1,000,000	31554
C371H7	COSI - Columbus	$	500,000	31555
C371H8	Columbus Museum of Art	$	1,500,000	31556
C371J3	Davis-Shai Historical Facility	$	725,000	31557
C371J4	Massillon Museum Improvements	$	150,000	31558
C371J6	Peggy McConnell Arts Center - Worthington	$	475,000	31559
C371J9	Stambaugh Auditorium	$	675,000	31560
C371K3	Cincinnati Ballet	$	250,000	31561
C371L3	Ukrainian Museum	$	50,000	31562
C371L4	Gordon Square Arts District	$	1,800,000	31563
C371M8	Hale Farm and Village	$	200,000	31564
C371O9	Historic Site-Signage - Phase II	$	50,000	31565
C371P4	Cleveland Playhouse	$	150,000	31566
C371P9	Civil War Site Improvements	$	475,000	31567
C371Q0	On-Line Portal to Ohio's Heritage	$	427,000	31568
C371Q1	Lucas County Multi-purpose Sports Arena	$	2,200,000	31569
C371Q2	Ballpark Village project	$	2,000,000	31570
C371Q5	Cincinnati Zoo	$	1,500,000	31571
C371Q6	Cincinnati Art Museum	$	1,500,000	31572
C371R0	King Arts Complex	$	861,000	31573
C371R3	Loudonville Opera House	$	600,000	31574
C371R4	Eagles Palace Theater	$	600,000	31575
C371R6	Historic McCook House	$	500,000	31576
C371R7	Jeffrey Mansion in Bexley	$	475,000	31577
C371R8	Columbus Zoo and Aquarium	$	500,000	31578
C371S0	Towpath Trail	$	500,000	31579
C371S1	Museum of Contemporary Art Cleveland	$	450,000	31580
C371S2	Arts in Stark Cultural Center	$	450,000	31581
C371S3	Ohio Genealogical Society	$	350,000	31582
C371S5	The Fine Arts Association	$	300,000	31583
C371S7	Maltz Museum of Jewish Heritage	$	300,000	31584
C371S8	Allen County Historical Society Museum Renovation	$	280,000	31585
C371S9	Portsmouth Mural	$	250,000	31586
C371T0	Mt. Vernon - Nazarene University Arts Center	$	300,000	31587
C371T2	Bucyrus Little Theater Restoration Project	$	250,000	31588
C371T3	Boonshoft Museum of Discovery	$	250,000	31589
C371T5	Cliffton Cultural Arts Center	$	250,000	31590
C371T6	Baltimore Theatre	$	50,000	31591
C371T7	Rock Mill Park Improvements	$	150,000	31592
C371T9	Cozad-Bates House Historic Project	$	100,000	31593
C371U1	Playhouse Square Center	$	350,000	31594
C371U3	Lake Erie Nature & Science Center	$	200,000	31595
C371U4	Great Lakes Science Center	$	300,000	31596
C371U5	Cleveland Zoological Society	$	150,000	31597
C371U8	Kidron Historical Society - Sonnenberg Village project	$	200,000	31598
C371V0	Chesterhill Union Hall Theatre	$	25,000	31599
C371V1	Geauga County Historical Society - Maple Museum	$	20,000	31600
C371V2	Hallsville Historical Society	$	100,000	31601
C371V3	Fayette County Historical Society	$	150,000	31602
C371V4	Covedale Theatre	$	100,000	31603
C371V5	Mariemont City - Women's Cultural Arts Center	$	220,000	31604
C371V6	Madeira Historical Society/Miller House	$	60,000	31605
C371V7	Sylvania Historic Village restoration	$	200,000	31606
C371V9	Henry County Historical Society museum	$	59,000	31607
C371W0	Antwerp Railroad Depot historic building	$	106,000	31608
C371W1	Village of Edinburg Veterans Memorial	$	35,000	31609
C371W2	Lorain County Historical Society Horace Starr House	$	200,000	31610
C371W3	North Ridgeville Historic Community Theater	$	175,000	31611
C371W4	Redbrick Center for the Arts	$	200,000	31612
C371W5	Irene Lawrence Fuller Historic House	$	250,000	31613
C371W6	Preble County Historical Society Amphitheater	$	250,000	31614
C371W7	BalletTech	$	200,000	31615
C371W8	Cincinnati Museum Center - Eulett Center	$	150,000	31616
C371W9	Rickenbacker Boyhood Home	$	139,000	31617
C371X0	Rivers Edge Amphitheater project	$	100,000	31618
C371X1	Variety Theater	$	85,000	31619
C371X2	Morgan Township Historical Society	$	80,000	31620
C371X3	Salem Community Theater	$	53,000	31621
C371X4	Our House State Memorial	$	50,000	31622
C371X5	Belle's Opera House Improvements	$	50,000	31623
C371X6	Warren Veterans memorial	$	50,000	31624
C371X7	Huntington Playhouse	$	40,000	31625
C371X8	Cambridge Performing Arts Center	$	37,500	31626
C371X9	Old Harvey Historic School Restoration	$	25,000	31627
C371Y0	Dalton Community Historical Society	$	10,000	31628
C371Y1	Mohawk Veterans' Memorial	$	15,000	31629
C371Y2	Cleveland Museum of Natural History	$	150,000	31630
C371Y3	Fire Museum	$	83,334	31631
C371Y4	New Town Indian Artifact Museum	$	300,000	31632
C371Y5	City of Perrysburg Fort Meigs	$	200,000	31633
C371Y6	Historic League Park Restoration	$	150,000	31634
C371Y8	Madisonville Arts Center of Hamilton County	$	36,000	31635
C371Z0	Marietta Citizens Armory Cultural Center	$	200,000	31636
C371Z1	Great Lakes Historical Museum	$	200,000	31637
Total Cultural Facilities Commission		$	43,709,834	31638
TOTAL Cultural and Sports Facilities Building Fund		$	43,709,834	31639

Of the foregoing appropriation item C371Q5, Cincinnati Zoo,	31640
$750,000 shall be used for the Cat Canyon/Small Cat Reproduction	31641
Center project.	31642

Section 227.11. The Treasurer of State is hereby authorized	31643
to issue and sell, in accordance with Section 2i of Article VIII,	31644
Ohio Constitution, and Chapter 154. and other applicable sections	31645
of the Revised Code, original obligations in an aggregate	31646
principal amount not to exceed $42,000,000 in addition to the	31647
original issuance of obligations heretofore authorized by prior	31648
acts of the General Assembly. These authorized obligations shall	31649
be issued, subject to applicable constitutional and statutory	31650
limitations, to pay costs of capital facilities as defined in	31651
section 154.01 of the Revised Code, including construction as	31652
defined in division (H) of section 3383.01 of the Revised Code, of	31653
the Ohio cultural facilities designated in Section 227.10 of this	31654
act.	31655

Section 229.10. The items set forth in this section are	31656
hereby appropriated out of any moneys in the state treasury to the	31657
credit of the Ohio Parks and Natural Resources Fund (Fund 7031)	31658
that are not otherwise appropriated.	31659

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	31660

STATEWIDE AND LOCAL PROJECTS	31661

C72512	Land Acquisition - Department	$	3,000,000	31662
C72549	Operations Facilities Development	$	1,500,000	31663
C725B7	Underground Fuel Storage Tank Removal/Replacement - Department	$	750,000	31664
C725C0	Cap Abandoned Water Wells	$	50,000	31665
C725E1	NatureWorks Local Park Grants	$	3,800,000	31666
C725E5	Project Planning	$	1,100,000	31667
C725J0	Natural Areas and Preserves Maintenance Facility Development - Springville Marsh Carbon Rod Removal	$	200,000	31668
C725M0	Dam Rehabilitation - Department	$	10,000,000	31669
C725N1	Handicapped Accessibility - Department	$	250,000	31670
C725N5	Wastewater/Water Systems Upgrade - Department	$	3,000,000	31671
C725O1	The Wilds	$	1,000,000	31672
C725P9	Boundary Protection	$	150,000	31673
C725R6	Blanchard River Flood Mitigation Efforts	$	3,000,000	31674
C725R7	Lake Alma Restroom and Shower Upgrades	$	750,000	31675
C725R8	Indian Lake Dredging	$	200,000	31676
C725R9	Wabash Watershed - Grand Lake St. Marys Dredging	$	150,000	31677
C725S0	Historic Pittsburgh Marion & Chicago Train Station Bike Trail	$	145,000	31678
C725S1	Addyston Boat Ramp	$	100,000	31679
C725S2	Sylvania Retaining Wall Project	$	200,000	31680
Total Statewide and Local Projects		$	29,245,000	31681
Total Department of Natural Resources		$	29,345,000	31682
TOTAL Ohio Parks and Natural Resources Fund		$	29,345,000	31683

Of the foregoing appropriation item C72512, Land Acquisition	31684
- Department, $2,500,000 shall be used for the acquisition of the	31685
Vinton Furnace Experimental Forest.	31686

The foregoing appropriation item C725R6, Blanchard River	31687
Flood Mitigation Efforts, shall be used in conjunction with the	31688
U.S. Army Corps of Engineers plan to address continuing flooding	31689
of the Blanchard River in Putnam, Hancock, Hardin, Wyandot, Allen,	31690
and Seneca Counties as part of the nonfederal share.	31691

Section 229.11. The Ohio Public Facilities Commission, upon	31692
the request of the Director of Natural Resources, is hereby	31693
authorized to issue and sell, in accordance with Section 2l of	31694
Article VIII, Ohio Constitution, and Chapter 151. and particularly	31695
sections 151.01 and 151.05 of the Revised Code, original	31696
obligations in an aggregate principal amount not to exceed	31697
$28,000,000 in addition to the original issuance of obligations	31698
heretofore authorized by prior acts of the General Assembly. These	31699
authorized obligations shall be issued, subject to applicable	31700
constitutional and statutory limitations, as needed to provide	31701
sufficient moneys to the credit of the Ohio Parks and Natural	31702
Resources Fund (Fund 7031) to pay costs of capital facilities as	31703
defined in sections 151.01 and 151.05 of the Revised Code.	31704

Section 231.10. The items set forth in the sections of this	31705
act prefixed with the number "231" are hereby appropriated out of	31706
any moneys in the state treasury to the credit of the Mental	31707
Health Facilities Improvement Fund (Fund 7033) that are not	31708
otherwise appropriated.	31709

Appropriations

Section 231.10.10. ADA DEPARTMENT OF ALCOHOL AND DRUG	31710
ADDICTION SERVICES	31711

C03804	Rehab Center of North Central Ohio	$	300,000	31712
C03805	Prevention and Recovery Board - Jefferson County	$	300,000	31713
C03806	Lorain County Alcohol and Drug Abuse Services	$	250,000	31714
C03807	First Step Home	$	200,000	31715
C03808	Glenbeigh Extended Residential Care	$	500,000	31716
Total Department of Alcohol and Drug Addiction Services		$	1,550,000	31717

Appropriations

Section 231.10.20. DMH DEPARTMENT OF MENTAL HEALTH

31719

C58000	Hazardous Material Abatement	$	500,000	31720
C58001	Community Assistance Projects	$	9,160,000	31721
C58006	Patient Care Environment Improvement	$	3,700,000	31722
C58007	Infrastructure Improvements	$	4,600,000	31723
C58010	Campus Consolidation	$	83,700,000	31724
C58017	Bellefaire Jewish Children's Bureau	$	400,000	31725
C58018	Safety and Security Improvements	$	1,460,000	31726
C58019	Energy Conservation Projects	$	750,000	31727
C58020	Mandel Jewish Community Center	$	210,000	31728
Total Department of Mental Health		$	104,480,000	31729

COMMUNITY ASSISTANCE PROJECTS

31730

Of the foregoing appropriation item C58001, Community	31731
Assistance Projects, $260,000 shall be used for the Christian	31732
Children's Home, $200,000 shall be used for the Michael's House	31733
Child Advocacy Center, $100,000 shall be used for the Children's	31734
Home of Cincinnati, $100,000 shall be used for the Achievement	31735
Centers for Children, $100,000 shall be used for the Shaw JCC,	31736
$100,000 shall be used for Someplace Safe, $300,000 shall be used	31737
for the Berea Children's Home, and $6,300,000 shall be used for	31738
the development of a crisis care center in the area previously	31739
serviced by the Dayton Campus of Twin Valley Behavioral Health	31740
Organization.	31741

Appropriations

Section 231.20.30. DMR DEPARTMENT OF MENTAL RETARDATION AND	31742
DEVELOPMENTAL DISABILITIES	31743

STATEWIDE AND CENTRAL OFFICE PROJECTS	31744

C59004	Community Assistance Projects	$	13,301,537	31745
C59022	Razing of Buildings	$	200,000	31746
C59024	Telecommunications	$	400,000	31747
C59029	Generator Replacement	$	1,000,000	31748
C59034	Statewide Developmental Centers	$	4,294,237	31749
C59050	Emergency Improvements	$	500,000	31750
C59051	Energy Conservation	$	500,000	31751
C59052	Guernsey County MRDD Boiler Replacement	$	275,000	31752
C59053	Magnolia Clubhouse	$	250,000	31753
C59054	Recreation Unlimited Life Center - Delaware	$	150,000	31754
C59055	Camp McKinley Improvements	$	30,000	31755
C59056	The Hope Learning Center	$	250,000	31756
C59057	North Olmstead Welcome House	$	150,000	31757
C59058	Providence House	$	200,000	31758
Total Statewide and Central Office Projects		$	21,500,774	31759
TOTAL Department of Mental Retardation and Developmental Disabilities		$	21,500,774	31760
TOTAL Mental Health Facilities Improvement Fund		$	127,530,774	31761

COMMUNITY ASSISTANCE PROJECTS

31762

The foregoing appropriation item C59004, Community Assistance	31763
Projects, may be used to provide community assistance funds for	31764
the development, purchase, construction, or renovation of	31765
facilities for day programs or residential programs that provide	31766
services to persons eligible for services from the Department of	31767
Mental Retardation and Developmental Disabilities or county boards	31768
of mental retardation and developmental disabilities. Any funds	31769
provided to nonprofit agencies for the construction or renovation	31770
of facilities for persons eligible for services from the	31771
Department of Mental Retardation and Developmental Disabilities	31772
and county boards of mental retardation and developmental	31773
disabilities shall be governed by the prevailing wage provisions	31774
in section 176.05 of the Revised Code.	31775

Section 231.30.10. The foregoing appropriations for the	31776
Department of Mental Health, C58001, Community Assistance	31777
Projects, and the Department of Mental Retardation and	31778
Developmental Disabilities, C59004, Community Assistance	31779
Projects, may be used for facilities constructed or to be	31780
constructed pursuant to Chapter 340., 3793., 5119., 5123., or	31781
5126. of the Revised Code or the authority granted by section	31782
154.20 of the Revised Code and the rules issued pursuant to those	31783
chapters and shall be distributed by the Department of Mental	31784
Health and the Department of Mental Retardation and Developmental	31785
Disabilities, all subject to Controlling Board approval.	31786

Section 231.30.20. (A) No capital improvement appropriations	31787
made in Sections 231.10.10 to 231.30.10 of this act shall be	31788
released for planning or for improvement, renovation, or	31789
construction or acquisition of capital facilities if a	31790
governmental agency, as defined in section 154.01 of the Revised	31791
Code, does not own the real property that constitutes the capital	31792
facilities or on which the capital facilities are or will be	31793
located. This restriction does not apply in any of the following	31794
circumstances:	31795

(1) The governmental agency has a long-term (at least fifteen	31796
years) lease of, or other interest (such as an easement) in, the	31797
real property.	31798

(2) In the case of an appropriation for capital facilities	31799
that, because of their unique nature or location, will be owned or	31800
be part of facilities owned by a separate nonprofit organization	31801
and made available to the governmental agency for its use or	31802
operated by the nonprofit organization under contract with the	31803
governmental agency, the nonprofit organization either owns or has	31804
a long-term (at least fifteen years) lease of the real property or	31805
other capital facility to be improved, renovated, constructed, or	31806
acquired and has entered into a joint or cooperative use	31807
agreement, approved by the Department of Mental Health or the	31808
Department of Mental Retardation and Developmental Disabilities,	31809
whichever is applicable, with the governmental agency for that	31810
agency's use of and right to use the capital facilities to be	31811
financed and, if applicable, improved, the value of such use or	31812
right to use being, as determined by the parties, reasonably	31813
related to the amount of the appropriation.	31814

(B) In the case of capital facilities referred to in division	31815
(A)(2) of this section, the joint or cooperative use agreement	31816
shall include, at a minimum, provisions that:	31817

(1) Specify the extent and nature of that joint or	31818
cooperative use, extending for not fewer than fifteen years, with	31819
the value of such use or right to use to be, as determined by the	31820
parties and approved by the approving department, reasonably	31821
related to the amount of the appropriation;	31822

(2) Provide for pro rata reimbursement to the state should	31823
the arrangement for joint or cooperative use by a governmental	31824
agency be terminated;	31825

(3) Provide that procedures to be followed during the capital	31826
improvement process will comply with applicable state statutes	31827
and rules, including the provisions of this act.	31828

Section 231.40.10. The Treasurer of State is hereby	31829
authorized to issue and sell in accordance with Section 2i of	31830
Article VIII, Ohio Constitution, and Chapter 154. of the Revised	31831
Code, particularly section 154.20 of the Revised Code, original	31832
obligations in an aggregate principal amount not to exceed	31833
$128,000,000 in addition to the original issuance of obligations	31834
heretofore authorized by prior acts of the General Assembly. These	31835
authorized obligations shall be issued, subject to applicable	31836
constitutional and statutory limitations, to pay costs of capital	31837
facilities as defined in section 154.01 of the Revised Code for	31838
mental hygiene and retardation.	31839

Section 233.10. The items set forth in the sections of this	31840
act prefixed with the section number "233" are hereby appropriated	31841
out of any moneys in the state treasury to the credit of the	31842
Higher Education Improvement Fund (Fund 7034) that are not	31843
otherwise appropriated.	31844

Appropriations

Section 233.10.10. ETC ETECH OHIO

31845

C37403	OGT Camera and Cabling Replacement	$	725,000	31846
C37404	Digital Conversion	$	525,000	31847
C37405	Digital Conversion for Public Television	$	9,000,000	31848
Total eTech Ohio		$	10,250,000	31849

Appropriations

Section 233.20.10. BOARD OF REGENTS AND STATE INSTITUTIONS OF	31851
HIGHER EDUCATION	31852

BOR BOARD OF REGENTS	31853

C23501	Ohio Supercomputer Center Expansion	$	2,000,000	31854
C23502	Research Facility Action and Investment Funds	$	5,500,000	31855
C23506	Third Frontier Wright Capital	$	100,000,000	31856
C23516	Ohio Library and Information Network	$	9,910,000	31857
C23519	315 Corridor/SciTech	$	500,000	31858
C23524	Supplemental Renovations - Library Depositories	$	5,500,000	31859
C23529	Non-credit Job Training Facilities	$	2,350,000	31860
C23530	Technology Initiatives	$	3,741,000	31861
C23531	Ohio Aerospace Institute	$	200,000	31862
C23532	Dark Fiber/OARnet	$	2,000,000	31863
C23533	Instructional and Data Processing Equipment	$	20,799,000	31864
C23534	Central State Student Activity Center	$	14,000,000	31865
C23535	CWRU Energy Center	$	333,333	31866
Total Board of Regents		$	166,833,333	31867

Section 233.20.20. RESEARCH FACILITY ACTION AND INVESTMENT	31869
FUNDS	31870

The foregoing appropriation item C23502, Research Facility	31871
Action and Investment Funds, shall be used for a program of grants	31872
to be administered by the Board of Regents to provide timely	31873
availability of capital facilities for research programs and	31874
research-oriented instructional programs at or involving	31875
state-supported and state-assisted institutions of higher	31876
education.	31877

Section 233.20.30. THIRD FRONTIER WRIGHT CAPITAL

31878

The foregoing appropriation item C23506, Third Frontier	31879
Wright Capital, shall be used to acquire, renovate, or construct	31880
facilities and purchase equipment for research programs,	31881
technology development, product development, and commercialization	31882
programs at or involving state-supported and state-assisted	31883
institutions of higher education. The funds shall be used to make	31884
grants, which shall be awarded on a competitive basis, and shall	31885
be administered by the Third Frontier Commission. Expenditure of	31886
these funds shall comply with Section 2n of Article VIII, Ohio	31887
Constitution, and sections 151.01 and 151.04 of the Revised Code	31888
and shall be for the period beginning July 1, 2008, and ending	31889
June 30, 2010.	31890

The Third Frontier Commission shall develop guidelines	31891
relative to the application for and selection of projects funded	31892
from appropriation item C23506, Third Frontier Wright Capital.	31893
The Commission may develop the guidelines in consultation with	31894
other interested parties. The Board of Regents and all	31895
state-assisted and state-supported institutions of higher	31896
education shall take all actions necessary to implement grants	31897
awarded by the Third Frontier Commission.	31898

The foregoing appropriation item C23506, Third Frontier	31899
Wright Capital, consists of proceeds of obligations in the Higher	31900
Education Improvement Fund (Fund 7034) that are to be applied to	31901
capital improvements and capital facilities for state-supported	31902
and state-assisted institutions of higher education.	31903

Appropriations

Section 233.30.10. UAK UNIVERSITY OF AKRON

31904

C25000	Basic Renovations	$	5,056,161	31905
C25002	Wayne College Renovations/Expansion	$	258,182	31906
C25033	Polymer Processing Center - Phase II	$	7,363,281	31907
C25038	College of Education	$	5,000,000	31908
C25039	Campus Implementation	$	1,452,047	31909
C25040	Replacement of Gym Floor	$	150,000	31910
C25041	Maintenance Building	$	250,000	31911
C25042	Property Management Projects	$	150,000	31912
C25043	Akron Canton Regional Foodbank	$	200,000	31913
C25044	Hiram College James A. Garfield Institute	$	500,000	31914
Total University of Akron		$	20,379,671	31915

Appropriations

Section 233.30.20. BGU BOWLING GREEN STATE UNIVERSITY

31917

C24000	Basic Renovations	$	4,354,164	31918
C24001	Basic Renovations - Firelands	$	298,536	31919
C24021	Fine Art and Theater Complex	$	6,116,000	31920
C24037	Academic Buildings Rehabilitation	$	6,857,801	31921
C24038	Health Sciences Building	$	934,363	31922
C24039	Wood County Health District Facility	$	1,200,000	31923
C24040	James H. McBride Arboretum at BGSU Firelands	$	378,000	31924
Total Bowling Green University		$	20,138,864	31925

Appropriations

Section 233.30.30. CSU CENTRAL STATE UNIVERSITY

31927

C25500	Basic Renovations	$	1,100,972	31928
C25503	Center for Education & Natural Sciences	$	1,000,000	31929
C25507	Campus Master Plan	$	500,000	31930
C25508	Emery Hall	$	545,746	31931
Total Central State University		$	3,146,718	31932

Appropriations

Section 233.30.40. UCN UNIVERSITY OF CINCINNATI

31933

C26500	Basic Renovations	$	10,720,621	31934
C26501	Basic Renovations - Clermont	$	326,112	31935
C26502	Raymond Walters Renovations	$	501,195	31936
C26530	Medical Science Building Renovation & Expansion	$	26,412,509	31937
C26607	Consolidated Communication Project of Clermont County	$	475,000	31938
C26612	Clermont Renovations	$	751,132	31939
C26613	New Building	$	1,582,233	31940
C26614	Barrett Cancer Center	$	1,500,000	31941
C26615	Beech Acres	$	125,000	31942
C26616	Forest Park Homeland Security Facility	$	50,000	31943
C26617	Health Care Connection - Lincoln Heights	$	150,000	31944
C26618	People Working Cooperatively	$	120,000	31945
C26619	Sharonville Convention Center	$	950,000	31946
C26620	Society for the Prevention of Cruelty to Animals - Facility	$	100,000	31947
C26621	Mayerson Center	$	200,000	31948
Total University of Cincinnati		$	43,963,802	31949

Appropriations

Section 233.30.50. CLS CLEVELAND STATE UNIVERSITY

31951

C26000	Basic Renovations	$	6,431,121	31952
C26035	Cleveland Institute of Art	$	500,000	31953
C26048	Rhodes Tower Renovation	$	4,030,166	31954
C26049	Basic Science Building HVAC and Electrical Upgrade	$	1,125,000	31955
C26050	Law Building Renovation	$	3,500,000	31956
C26051	Cleveland Hearing and Speech Center	$	125,000	31957
C26052	University Hospitals Ireland Cancer Center	$	3,000,000	31958
Total Cleveland State University		$	18,711,287	31959

Appropriations

Section 233.30.60. KSU KENT STATE UNIVERSITY

31961

C27000	Basic Renovations	$	5,220,323	31962
C27002	Basic Renovations - East Liverpool	$	177,231	31963
C27004	Basic Renovations - Salem	$	136,423	31964
C27005	Basic Renovations - Stark	$	491,417	31965
C27006	Basic Renovations - Ashtabula	$	281,425	31966
C27007	Basic Renovations - Trumbull	$	463,939	31967
C27008	Basic Renovations - Tuscarawas	$	310,510	31968
C27072	Gym Renovations for Health Sciences, Construction Phase	$	486,469	31969
C27076	Performing Arts Center	$	933,027	31970
C27087	Electrical Infrastructure Improvements	$	1,407,000	31971
C27088	Oscar Ritchie Hall Rehabilitation	$	6,715,000	31972
C27090	Music and Speech Center Renovations/Addition	$	5,781,158	31973
C27093	Science and Nursing Building	$	1,600,286	31974
C27096	Blossom Music Center	$	1,000,000	31975
C270A5	Basic Renovations - Geauga	$	93,152	31976
C270A6	Main Hall Renovations	$	768,084	31977
C270A7	Classroom Building Interior Renovations, Phase 2	$	333,435	31978
C270A8	Classroom Building HVAC and Energy Conservation Improvements	$	259,027	31979
C270A9	Art Building Roof Replacement	$	1,000,000	31980
C270B0	Classroom Building Interior Renovations	$	854,608	31981
C270B1	University Hospitals Geauga Medical Center	$	1,000,000	31982
C270B2	Cleveland Orchestra - Severance Hall	$	750,000	31983
Total Kent State University		$	30,062,514	31984

Appropriations

Section 233.30.70. MUN MIAMI UNIVERSITY

31986

C28500	Basic Renovations	$	5,615,288	31987
C28502	Basic Renovations - Hamilton	$	686,759	31988
C28503	Basic Renovations - Middletown	$	588,815	31989
C28556	Upham Hall North Wing Rehabilitation	$	3,600,000	31990
C28559	Academic/Administrative & General Improvement Projects	$	1,153,217	31991
C28560	Academic/Administrative & General Improvement Projects	$	1,286,226	31992
C28564	Laws Hall Rehabilitation	$	6,250,000	31993
C28565	Hughes Hall "C" Wing (design)	$	700,000	31994
C28566	Western Steam Distribution Project	$	1,500,000	31995
Total Miami University		$	21,380,305	31996

Appropriations

Section 233.30.80. OSU OHIO STATE UNIVERSITY

31998

C31500	Basic Renovations	$	22,999,842	31999
C31598	Main Library Rehabilitation/Expansion	$	8,660,000	32000
C315R4	Founders Hall and Hopewell Hall Renovations	$	1,003,812	32001
C315R7	Stone Lab Classroom Improvements	$	250,000	32002
C315T4	Basic Renovations - Agricultural Technical Institute	$	623,680	32003
C315T5	Basic Renovations - Lima	$	311,913	32004
C315T6	Basic Renovations - Mansfield	$	374,760	32005
C315T7	Basic Renovations - Marion	$	312,878	32006
C315T8	Basic Renovations - Newark	$	361,499	32007
C315T9	Basic Renovations - OARDC	$	2,118,042	32008
C315U0	Horticultural Operations Center	$	6,855,787	32009
C315U1	New Maintenance Facility	$	2,000,000	32010
C315U2	Academic Core - North	$	37,756,725	32011
C315U3	Cunz Hall Renovation	$	6,540,000	32012
C315U4	College of Medicine Renovation/Addition	$	6,000,000	32013
C315U5	Animal & Plant Biology Level 3 Isolate Facility	$	6,220,796	32014
C315U7	Nationwide Children's Hospital Capital Equipment	$	2,500,000	32015
C315U8	OSU African American & African Studies Community Center	$	750,000	32016
C315U9	Flying Horse Pediatric Facility	$	250,000	32017
Total Ohio State University		$	105,889,734	32018

Appropriations

Section 233.30.90. OHU OHIO UNIVERSITY

32020

C30000	Basic Renovations	$	5,043,296	32021
C30004	Basic Renovations - Eastern	$	218,674	32022
C30006	Basic Renovations - Zanesville	$	297,309	32023
C30007	Basic Renovations - Chillicothe	$	266,629	32024
C30008	Basic Renovations - Ironton	$	232,932	32025
C30021	Brasee Hall Library/Gymnasium Renovation	$	801,485	32026
C30048	Clippinger Laboratory Renovation - 2nd & 3rd Floors	$	3,400,000	32027
C30051	Lausche Heating Plant Completion	$	4,410,000	32028
C30053	Parking and Roadway Improvements	$	502,542	32029
C30058	Integrated Learning and Research Facility	$	9,000,000	32030
C30062	Shannon Hall Interior Renovations - Learning Commons	$	609,112	32031
C30064	Stevenson Center Learning Commons	$	500,000	32032
C30069	Elson Hall 2nd Floor Partial Renovation	$	1,129,666	32033
C30073	Land Acquisition	$	170,830	32034
C30074	Basic Renovations - Lancaster	$	306,577	32035
C30075	Infrastructure Improvements	$	1,900,000	32036
C30076	Campus Entry & Grounds Improvements	$	325,000	32037
C30077	Academic Building Laboratory & Classroom Renovation Planning	$	58,491	32038
C30078	OU Southern Proctorville Campus Upgrades	$	50,000	32039
C30079	OU Southern Horse Park	$	325,000	32040
Total Ohio University		$	29,547,543	32041

Appropriations

Section 233.33.10. SSC SHAWNEE STATE UNIVERSITY

32043

C32400	Basic Renovations	$	1,036,884	32044
C32415	Land Acquisition	$	200,000	32045
C32423	Administration Building Renovation	$	1,443,831	32046
Total Shawnee State University		$	2,680,715	32047

Appropriations

Section 233.33.20. UTO UNIVERSITY OF TOLEDO

32049

C34000	Basic Renovations	$	5,800,643	32050
C34033	CBLE - Stranahan Hall Addition	$	4,600,000	32051
C34036	North Engineering Renovation	$	4,750,000	32052
C34038	MCO - Core Research Facility	$	1,800,000	32053
C34040	MCO - Clinical Academic Renovation	$	900,000	32054
C34041	MCO - Resource & Community Learning Center	$	900,000	32055
C34044	Campus Infrastructure Improvements	$	3,750,000	32056
C34045	Building Demolition	$	1,400,000	32057
C34046	MCO - Basic Renovations	$	2,013,792	32058
C34047	Center for Equal Justice	$	1,000,000	32059
C34048	Mercy College Technology and Infomatics Center	$	225,000	32060
Total University of Toledo		$	27,139,435	32061

Appropriations

Section 233.33.30. WSU WRIGHT STATE UNIVERSITY

32063

C27500	Basic Renovations	$	3,759,018	32064
C27501	Basic Renovations - Lake	$	132,481	32065
C27513	Science Laboratory Renovations	$	8,521,508	32066
C27526	Lake Campus Rehabilitation and Addition	$	461,750	32067
C27527	Advanced Technical Intelligence Center (ATIC)	$	2,500,000	32068
C27533	Auditorium/Classroom Upgrades	$	1,084,769	32069
C27534	Student Academic Success Center Renovation	$	250,000	32070
C27535	Air Force Advanced Manufacturing Facility	$	1,500,000	32071
C27536	Nursing Institute Facility	$	500,000	32072
C27537	Calamityville Lab Facilities (WPAFB)	$	3,000,000	32073
Total Wright State University		$	21,709,526	32074

Appropriations

Section 233.33.40. YSU YOUNGSTOWN STATE UNIVERSITY

32076

C34500	Basic Renovations	$	3,473,188	32077
C34518	Building System Upgrades	$	624,834	32078
C34523	Campus Development	$	1,500,000	32079
C34524	Instructional Space Upgrades	$	850,000	32080
C34525	College of Business	$	5,100,000	32081
C34526	Trumbull County Business Incubator	$	500,000	32082
Total Youngstown State University		$	12,048,022	32083

Appropriations

Section 233.33.50. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE	32085
OF MEDICINE	32086

C30500	Basic Renovations	$	637,463	32087
C30517	Building Expansion Sitework	$	1,473,952	32088
Total Northeastern Ohio Universities College of Medicine		$	2,111,415	32089

Appropriations

Section 233.40.10. CTC CINCINNATI STATE COMMUNITY COLLEGE

32091

C36101	Basic Renovations	$	1,255,923	32092
C36107	Classroom Upgrade Project	$	270,000	32093
C36113	Freestore Food Bank	$	100,000	32094
C36114	Lot C Parking Lot	$	250,000	32095
C36115	Ceiling Replacement	$	75,000	32096
C36116	Electrical Surge Protection	$	100,000	32097
C36117	Campus Signage	$	75,000	32098
C36118	Window and Garage Doors	$	175,659	32099
C36119	Window Replacement	$	100,000	32100
C36120	Blue Ash City Conference Center	$	150,000	32101
C36121	Hebrew Union College Archives	$	185,000	32102
Total Cincinnati State Community College		$	2,736,582	32103

Appropriations

Section 233.40.20. CLT CLARK STATE COMMUNITY COLLEGE

32105

C38512	Basic Renovations	$	536,990	32106
C38513	Clark State Arts Center	$	300,000	32107
C38514	Center City Park in Springfield - Phase II	$	1,500,000	32108
Total Clark State Community College		$	2,336,990	32109

Appropriations

Section 233.40.30. CTI COLUMBUS STATE COMMUNITY COLLEGE

32111

C38400	Basic Renovations	$	1,691,834	32112
C38411	Columbus Hall Renovation	$	5,470,913	32113
C38412	Painters Apprenticeship Council	$	500,000	32114
C38413	Jewish Community Center NE Initiative	$	575,000	32115
C38414	Somali Community Center	$	100,000	32116
Total Columbus State Community College		$	8,337,747	32117

Appropriations

Section 233.40.40. CCC CUYAHOGA COMMUNITY COLLEGE

32119

C37800	Basic Renovations	$	3,482,709	32120
C37807	Cleveland Museum of Art	$	3,100,000	32121
C37818	Health Care Technology Building, Eastern Campus	$	9,775,889	32122
C37824	Rock and Roll Hall of Fame	$	1,000,000	32123
C37829	College of Podiatric Medicine	$	250,000	32124
C37830	Cuyahoga Community College Auto Lab Improvements	$	100,000	32125
C37831	Visiting Nurse Association	$	150,000	32126
C37832	Western Reserve Hospice Center	$	100,000	32127
Total Cuyahoga Community College		$	17,958,598	32128

Appropriations

Section 233.40.50. ESC EDISON STATE COMMUNITY COLLEGE

32130

C39000		Basic Renovations		$	688,818		32131
Total Edison State Community College				$	688,818		32132

Appropriations

Section 233.40.60. JTC JEFFERSON COMMUNITY COLLEGE

32134

C38600	Basic Renovations	$	269,043	32135
C39608	Second Floor Pugliese Training Center	$	887,025	32136
Total Jefferson Community College		$	1,156,068	32137

Appropriations

Section 233.40.70. LCC LAKELAND COMMUNITY COLLEGE

32139

C37900	Basic Renovations	$	1,132,835	32140
C37912	C Building East End	$	1,896,964	32141
Total Lakeland Community College		$	3,029,799	32142

Appropriations

Section 233.40.80. LOR LORAIN COMMUNITY COLLEGE

32144

C38300	Basic Renovations	$	1,275,420	32145
C38307	CC Rehabilitation - Student Center	$	3,572,633	32146
Total Lorain Community College		$	4,848,053	32147

Appropriations

Section 233.40.90. NTC NORTHWEST STATE COMMUNITY COLLEGE

32149

C38200	Basic Renovations	$	104,798	32150
C38205	Allied Health and Public Service Building	$	1,093,249	32151
C38206	Fulton County Wind Project	$	250,000	32152
Total Northwest State Community College		$	1,448,047	32153

Appropriations

Section 233.43.10. OTC OWENS COMMUNITY COLLEGE

32155

C38800	Basic Renovations	$	1,778,419	32156
C38813	Energy Management Infrastructure	$	2,000,000	32157
C38814	Required and Code Compliance Renovations for Penta Campus	$	2,500,000	32158
C38815	City of Perrysburg & Owens Community College Firing Range	$	200,000	32159
Total Owens Community College		$	6,478,419	32160

Appropriations

Section 233.43.20. RGC RIO GRANDE COMMUNITY COLLEGE

32162

C35600	Basic Renovations	$	495,799	32163
C35606	Louvee Theater Project	$	450,000	32164
Total Rio Grande Community College		$	945,799	32165

Appropriations

Section 233.43.30. SCC SINCLAIR COMMUNITY COLLEGE

32167

C37700	Basic Renovations	$	2,518,446	32168
C37709	National Composite Center	$	750,000	32169
C37710	Greentree Health Science Academy	$	1,000,000	32170
Total Sinclair Community College		$	4,268,446	32171

Appropriations

Section 233.43.40. SOC SOUTHERN STATE COMMUNITY COLLEGE

32173

C32200	Basic Renovations	$	404,599	32174
C32204	Laboratory and Classroom Building	$	100,000	32175
Total Southern State Community College		$	504,599	32176

Appropriations

Section 233.43.50. TTC TERRA STATE COMMUNITY COLLEGE

32178

C36400	Basic Renovations	$	368,589	32179
C36407	Skilled Trades Center	$	3,250,000	32180
C36408	Herbert Perna Center for Physical Health Studies	$	375,000	32181
Total Terra State Community College		$	3,993,589	32182

Appropriations

Section 233.43.60. WTC WASHINGTON STATE COMMUNITY COLLEGE

32184

C35800	Basic Renovations	$	328,895	32185
C35810	Health Science Education Facility	$	250,000	32186
Total Washington State Community College		$	578,895	32187

Appropriations

Section 233.50.10. BTC BELMONT TECHNICAL COLLEGE

32189

C36800		Basic Renovations		$	243,300		32190
Total Belmont Technical College				$	243,300		32191

Appropriations

Section 233.50.20. COT CENTRAL OHIO TECHNICAL COLLEGE

32193

C36900	Basic Renovations	$	306,291	32194
C36905	Founders Hall and Hopewell Hall Renovations	$	879,000	32195
C36907	COTC Expansion in Mt. Vernon	$	700,000	32196
Total Central Ohio Technical College		$	1,885,291	32197

Appropriations

Section 233.50.30. HTC HOCKING TECHNICAL COLLEGE

32199

C36300	Basic Renovations	$	654,837	32200
C36310	McClenaghan Center for Hospitality Training	$	1,400,000	32201
C36312	Energy Institute	$	300,226	32202
C36313	Perry County Community Health Center at Hocking College	$	200,000	32203
C36314	New Lexington Public Safety Training Facility	$	750,000	32204
Total Hocking Technical College		$	3,305,063	32205

Appropriations

Section 233.50.40. LTC JAMES RHODES STATE COLLEGE

32207

C38100	Basic Renovations	$	435,403	32208
C38110	Design Planning for Center of Excellence for Health Sciences	$	919,365	32209
Total James Rhodes State College		$	1,354,768	32210

Appropriations

Section 233.50.50. MTC MARION TECHNICAL COLLEGE

32212

C35900	Basic Renovations	$	139,497	32213
C35905	Technical Education Center Vacated Space Renovations	$	576,136	32214
Total Marion Technical College		$	715,633	32215

Appropriations

Section 233.50.60. MAT ZANE STATE COLLEGE

32217

C36200	Basic Renovations	$	294,447	32218
C36205	Willett-Pratt Training Center Expansion	$	250,000	32219
C36207	College & Health Science Halls ESI Project, Phase II	$	500,000	32220
Total Zane State College		$	1,044,447	32221

Appropriations

Section 233.50.70. NCC NORTH CENTRAL TECHNICAL COLLEGE

32223

C38000	Basic Renovations	$	552,097	32224
C38010	North Central State College Kehoe Center	$	585,000	32225
C38011	North Central State College Fallerius Technology Center	$	150,000	32226
Total North Central Technical College		$	1,287,097	32227

Appropriations

Section 233.50.80. STC STARK TECHNICAL COLLEGE

32229

C38900	Basic Renovations	$	786,333	32230
C38913	Business Technologies Building	$	2,034,537	32231
C38914	Corporate and Community Services Facility	$	500,000	32232
Total Stark Technical College		$	3,320,870	32233
Total Board of Regents and				32234
Institutions of Higher Education		$	598,209,802	32235
TOTAL Higher Education Improvement Fund		$	608,459,802	32236

Section 233.60.10. DEBT SERVICE FORMULA ALLOCATION

32238

Based on the foregoing appropriations from the Higher	32239
Education Improvement Fund (Fund 7034), the following higher	32240
education institutions shall be responsible for the specified	32241
amounts as part of the debt service component of the instructional	32242
subsidy beginning in fiscal year 2010:	32243

INSTITUTION		AMOUNT	32244
University of Akron	$	13,355,046	32245
University of Akron - Wayne	$	627,584	32246
Bowling Green State University	$	12,482,535	32247
Bowling Green State University - Firelands	$	942,492	32248
Central State University	$	2,045,746	32249
University of Cincinnati	$	26,412,509	32250
University of Cincinnati - Clermont	$	751,132	32251
University of Cincinnati - Walters	$	1,582,233	32252
Cleveland State University	$	10,760,269	32253
Kent State University	$	14,903,158	32254
Kent State University - Ashtabula	$	812,835	32255
Kent State University - East Liverpool	$	333,435	32256
Kent State University - Geauga	$	259,027	32257
Kent State University - Salem	$	486,469	32258
Kent State University - Stark	$	1,600,286	32259
Kent State University - Trumbull	$	854,608	32260
Kent State University - Tuscarawas	$	933,027	32261
Miami University	$	13,042,402	32262
Miami University - Hamilton	$	1,324,456	32263
Miami University - Middletown	$	1,405,890	32264
Ohio State University	$	58,956,725	32265
Ohio State University - ATI	$	6,855,787	32266
Ohio State University - Lima	$	2,000,000	32267
Ohio State University - Newark	$	1,030,695	32268
Ohio State University - OARDC	$	6,220,796	32269
Ohio University	$	17,406,578	32270
Ohio University - Eastern	$	609,112	32271
Ohio University - Chillicothe	$	1,002,542	32272
Ohio University - Southern	$	554,321	32273
Ohio University - Lancaster	$	801,485	32274
Ohio University - Zanesville	$	1,129,666	32275
Shawnee State University	$	1,643,831	32276
University of Toledo	$	17,839,425	32277
Wright State University	$	9,856,277	32278
Wright State University - Lake	$	461,750	32279
Youngstown State University	$	8,144,264	32280
Northeastern Ohio Universities College of Medicine	$	1,542,025	32281
Cincinnati State Community College	$	924,024	32282
Columbus State Community College	$	5,470,913	32283
Cuyahoga Community College	$	9,775,889	32284
Edison State Community College	$	373,982	32285
Jefferson Community College	$	874,547	32286
Lakeland Community College	$	2,529,285	32287
Lorain County Community College	$	3,572,633	32288
Northwest State Community College	$	848,720	32289
Owens Community College	$	4,449,028	32290
Terra State Community College	$	3,250,000	32291
Central Ohio Technical College	$	907,644	32292
Hocking Technical College	$	1,700,226	32293
James Rhodes State Technical College	$	919,365	32294
Marion Technical College	$	576,136	32295
Zane State College	$	701,703	32296
North Central Technical College	$	435,000	32297
Stark Technical College	$	1,844,168	32298

Institutions not listed above do not have a debt service	32299
obligation as a result of these appropriations.	32300

Within sixty days after the effective date of this section,	32301
any institution of higher education may notify the Board of	32302
Regents of its intention not to proceed with any project	32303
appropriated in this act. Upon receiving such a notification, the	32304
Board of Regents may release the institution from its debt service	32305
obligation for the specific project.	32306

Section 233.60.20. For all of the foregoing appropriation	32307
items from the Higher Education Improvement Fund (Fund 7034) that	32308
require local funds to be contributed by any state-supported or	32309
state-assisted institution of higher education, the Board of	32310
Regents shall not recommend that any funds be released until the	32311
recipient institution demonstrates to the Board of Regents and the	32312
Office of Budget and Management that the local funds contribution	32313
requirement has been secured or satisfied. The local funds are in	32314
addition to the foregoing appropriations.	32315

Section 233.60.30. The Ohio Public Facilities Commission is	32316
hereby authorized to issue and sell, in accordance with Section 2n	32317
of Article VIII, Ohio Constitution, and Chapter 151. and	32318
particularly sections 151.01 and 151.04 of the Revised Code,	32319
original obligations in an aggregate principal amount not to	32320
exceed $606,000,000, in addition to the original issuance of	32321
obligations heretofore authorized by prior acts of the General	32322
Assembly. These authorized obligations shall be issued, subject to	32323
applicable constitutional and statutory limitations, to pay costs	32324
of capital facilities as defined in sections 151.01 and 151.04 of	32325
the Revised Code for state-supported and state-assisted	32326
institutions of higher education.	32327

Section 233.60.40. None of the foregoing capital	32328
improvements appropriations for state-supported or state-assisted	32329
institutions of higher education shall be expended until the	32330
particular appropriation has been recommended for release by the	32331
Board of Regents and released by the Director of Budget and	32332
Management or the Controlling Board. Either the institution	32333
concerned, or the Board of Regents with the concurrence of the	32334
institution concerned, may initiate the request to the Director	32335
of Budget and Management or the Controlling Board for the release	32336
of the particular appropriations.	32337

Section 233.60.50. (A) No capital improvement appropriations	32338
made in sections of this act prefixed with the section number	32339
"233" shall be released for planning or for improvement,	32340
renovation, construction, or acquisition of capital facilities if	32341
the institution of higher education or the state does not own the	32342
real property on which the capital facilities are or will be	32343
located. This restriction does not apply in any of the following	32344
circumstances:	32345

(1) The institution has a long-term (at least fifteen years)	32346
lease of, or other interest (such as an easement) in, the real	32347
property.	32348

(2) The Board of Regents certifies to the Controlling Board	32349
that undue delay will occur if planning does not proceed while the	32350
property or property interest acquisition process continues. In	32351
this case, funds may be released upon approval of the Controlling	32352
Board to pay for planning through the development of schematic	32353
drawings only.	32354

(3) In the case of an appropriation for capital facilities	32355
that, because of their unique nature or location, will be owned or	32356
will be part of facilities owned by a separate nonprofit	32357
organization or public body and will be made available to the	32358
institution of higher education for its use, the nonprofit	32359
organization or public body either owns or has a long-term (at	32360
least fifteen years) lease of the real property or other capital	32361
facility to be improved, renovated, constructed, or acquired and	32362
has entered into a joint or cooperative use agreement with the	32363
institution of higher education that meets the requirements of	32364
division (C) of this section.	32365

(B) Any foregoing appropriations that require cooperation	32366
between a technical college and a branch campus of a university	32367
may be released by the Controlling Board upon recommendation by	32368
the Board of Regents that the facilities proposed by the	32369
institutions are:	32370

(1) The result of a joint planning effort by the university	32371
and the technical college, satisfactory to the Board of Regents;	32372

(2) Facilities that will meet the needs of the region in	32373
terms of technical and general education, taking into	32374
consideration the totality of facilities that will be available	32375
after the completion of the projects;	32376

(3) Planned to permit maximum joint use by the university and	32377
technical college of the totality of facilities that will be	32378
available upon their completion; and	32379

(4) To be located on or adjacent to the branch campus of the	32380
university.	32381

(C) The Board of Regents shall adopt rules regarding the	32382
release of moneys from all the foregoing appropriations for	32383
capital facilities for all state-supported or state-assisted	32384
institutions of higher education. In the case of capital	32385
facilities referred to in division (A)(3) of this section, the	32386
joint or cooperative use agreements shall include, as a minimum,	32387
provisions that:	32388

(1) Specify the extent and nature of that joint or	32389
cooperative use, extending for not fewer than fifteen years, with	32390
the value of such use or right to use to be, as is determined by	32391
the parties and approved by the Board of Regents, reasonably	32392
related to the amount of the appropriations;	32393

(2) Provide for pro rata reimbursement to the state should	32394
the arrangement for joint or cooperative use be terminated;	32395

(3) Provide that procedures to be followed during the capital	32396
improvement process will comply with appropriate applicable state	32397
statutes and rules, including the provisions of this act; and	32398

(4) Provide for payment or reimbursement to the institution	32399
of its administrative costs incurred as a result of the facilities	32400
project, not to exceed 1.5 per cent of the appropriated amount.	32401

(D) Upon the recommendation of the Board of Regents, the	32402
Controlling Board may approve the transfer of appropriations for	32403
projects requiring cooperation between institutions from one	32404
institution to another institution with the approval of both	32405
institutions.	32406

(E) Notwithstanding section 127.14 of the Revised Code, the	32407
Controlling Board, upon the recommendation of the Board of	32408
Regents, may transfer amounts appropriated to the Board of Regents	32409
to accounts of state-supported or state-assisted institutions	32410
created for that same purpose.	32411

Section 233.60.60. The requirements of Chapters 123. and	32412
153. of the Revised Code, with respect to the powers and duties of	32413
the Director of Administrative Services, and the requirements of	32414
section 127.16 of the Revised Code, with respect to the	32415
Controlling Board, do not apply to projects of community college	32416
districts, which include Cuyahoga Community College, Jefferson	32417
Community College, Lakeland Community College, Lorain Community	32418
College, Rio Grande Community College, and Sinclair Community	32419
College; and technical college districts, which include Belmont	32420
Technical College, Central Ohio Technical College, Hocking	32421
Technical College, James Rhodes State College, Marion Technical	32422
College, Zane State College, North Central Technical College, and	32423
Stark Technical College.	32424

Section 233.60.70. Those institutions locally administering	32425
capital improvement projects pursuant to section 3345.50 of the	32426
Revised Code may:	32427

(A) Establish charges for recovering costs directly related	32428
to project administration as defined by the Director of	32429
Administrative Services. The Department of Administrative Services	32430
shall review and approve these administrative charges when the	32431
charges are in excess of 1.5 per cent of the total construction	32432
budget.	32433

(B) Seek reimbursement from state capital appropriations to	32434
the institution for the in-house design services performed by the	32435
institution for the capital projects. Acceptable charges are	32436
limited to design document preparation work that is done by the	32437
institution. These reimbursable design costs shall be shown as	32438
"A/E fees" within the project's budget that is submitted to the	32439
Controlling Board or the Director of Budget and Management as part	32440
of a request for release of funds. The reimbursement for in-house	32441
design shall not exceed seven per cent of the estimated	32442
construction cost.	32443

Section 235.10. The items set forth in this section are	32444
hereby appropriated out of any moneys in the state treasury to the	32445
credit of the Parks and Recreation Improvement Fund (Fund 7035)	32446
that are not otherwise appropriated.	32447

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	32448

C725A0	State Parks, Campgrounds, Cabins, & Lodges	$	5,150,000	32449
C725A9	Park Boating Facilities - Shawnee Marina	$	1,000,000	32450
C725B8	Upgrade Underground Fuel Storage Tanks - Statewide	$	250,000	32451
C725E2	Local Parks Projects	$	25,527,333	32452
C725E6	Project Planning	$	500,000	32453
C725L8	Statewide Trails Program - Hocking Hills Trails Rehabilitation Phase II	$	1,000,000	32454
C725M5	Middle Bass Island State Park - Marina	$	4,000,000	32455
C725N0	Handicapped Accessibility - Statewide	$	100,000	32456
C725N4	Hazardous Waste/Asbestos Abatement - Statewide	$	150,000	32457
C725N6	Statewide Wastewater/Water Systems Upgrade	$	3,000,000	32458
C725R3	State Park Renovations/Upgrading - Statewide Beach Bath House Replacement	$	1,000,000	32459
Total Department of Natural Resources		$	41,677,333	32460
TOTAL Parks and Recreation Improvement Fund		$	41,677,333	32461

FEDERAL REIMBURSEMENT

32462

All reimbursements received from the federal government for	32463
any expenditures made pursuant to this section shall be deposited	32464
in the state treasury to the credit of the Parks and Recreation	32465
Improvement Fund (Fund 7035).	32466

LOCAL PARKS PROJECTS

32467

Of the foregoing appropriation item C725E2, Local Parks	32468
Projects, an amount equal to two per cent of the projects listed	32469
may be used by the Department of Natural Resources for the	32470
administration of local projects, $3,050,000 shall be used for the	32471
Scioto Mile Development, $2,000,000 shall be used for the	32472
Riverfront Park, $2,000,000 shall be used for the Goodyear Park,	32473
$1,090,000 shall be used for the Sterling Park, $1,000,000 shall	32474
be used for the Little Miami Trail extension - Hamilton County	32475
Park District, $675,000 shall be used for the Anthony Wayne Youth	32476
Foundation Recreation area, $100,000 shall be used for the Euclid	32477
Beach Pier, $500,000 shall be used for the Euclid Marina	32478
Breakwater Project, $500,000 shall be used for the Columbus Crew	32479
Facility - Hilliard, $500,000 shall be used for the Franklin Park	32480
Conservatory, $500,000 shall be used for the Colerain Township	32481
Park, $500,000 shall be used for the Green Township Legacy Place	32482
Park, $475,000 shall be used for the Dublin Emerald Fields Special	32483
Needs Playground, $450,000 shall be used for the Sippo Lake Park	32484
improvements, $400,000 shall be used for the Mentor Beach Park or	32485
Mentor Lagoons Marina, $400,000 shall be used for the Harrison	32486
Park - Wick District - Smoky, $400,000 shall be used for the	32487
Wayne County Rails to Trails Project, $350,000 shall be used by	32488
Franklin County Metro Parks for the Whittier Peninsula Park,	32489
$350,000 shall be used for the Perry Township Park, $333,333 shall	32490
be used for the East Bank of the Flats, $175,000 shall be used for	32491
the New Richmond Park, $300,000 shall be used for the Beavercreek	32492
Wildlife Education Center, $300,000 shall be used for the	32493
Versailles Park Project, $300,000 shall be used for the Madison	32494
Township Park, $284,000 shall be used for the Bike and Pedestrian	32495
Path - SugarTree Corridor, $275,000 shall be used for the	32496
Montville Township Park Project, $250,000 shall be used for the	32497
Grand Lake St. Mary's Shoreline Rip Rap Project, $250,000 shall be	32498
used for the West Chester Beckett Park Improvements, $250,000	32499
shall be used for the City of Strongsville Family Aquatic Center,	32500
$250,000 shall be used for the Reis Park improvements, $250,000	32501
shall be used for the McIntyre Park Hiking and Biking Trails,	32502
$250,000 shall be used for the Circleville Community Park Project,	32503
$250,000 shall be used for the Fremont Area Foundation Park	32504
athletic facilities, $250,000 shall be used for the Alliance Park,	32505
$250,000 shall be used for the Audobon Ohio Nature Center,	32506
$200,000 shall be used for the Maple Heights Pool/Park	32507
improvements, $200,000 shall be used for the Lancaster Community	32508
Parks revitalization, $200,000 shall be used for the Grandview	32509
Yard Public Park, $200,000 shall be used for the Wyoming City	32510
Regional Park, $200,000 shall be used for the Chagrin River	32511
Lakefront Park, $200,000 shall be used for the Aullwood Audobon	32512
Center, $400,000 shall be used for the Austin Pike Project - land	32513
acquisition, $200,000 shall be used for the Mary Virginia Crites	32514
Hammum Community Park, $200,000 shall be used for the Canton Spray	32515
Park, $150,000 shall be used for the Lima Historic Athletic Field,	32516
$150,000 shall be used for the Myers Memorial Bandshell, $150,000	32517
shall be used for the City of Logan Park/Pool improvements,	32518
$150,000 shall be used for the Houston Fisher Memorial Park	32519
improvements, $150,000 shall be used for the Indian Lake State	32520
Park Campground Electrical Improvements, $150,000 shall be used	32521
for the Avon Lake Veterans Park improvements, $125,000 shall be	32522
used for the York Township Park land acquisition, $124,500 shall	32523
be used for the Salt Fork Concession Stand, $100,000 shall be	32524
used for the Monroe Veterans' Memorial Park, $100,000 shall be	32525
used for the Rivers Edge Bikeway, $100,000 shall be used for the	32526
Mayfield Heights Park Facility improvement, $100,000 shall be	32527
used for the Auburn Township Community Park, $100,000 shall be	32528
used for the Kidron Community Park Improvements, $100,000 shall be	32529
used for the Lucas County Marina, $100,000 shall be used for the	32530
Youngstown City Park, $100,000 shall be used for the Salisbury	32531
Township Park improvements/land acquisition, $100,000 shall be	32532
used for the Community Built Playground, $100,000 shall be used	32533
for the Burkes Point Park, $100,000 shall be used for the	32534
Barberton Newton Park, $100,000 shall be used for the Crown Point	32535
Conservation Easement, $100,000 shall be used for the Mudbrook	32536
Trail and Greenway Project, $100,000 shall be used for the	32537
Waddell Park in the City of Niles, $100,000 shall be used for the	32538
Moonville Rail Trail Project, $100,000 shall be used for the	32539
Springboro Park improvements, $75,000 shall be used for the Ault	32540
Park improvements, $75,000 shall be used for the Willard Soccer	32541
and Football Park Project, $75,000 shall be used for the	32542
Austintown Nature Rooms, $75,000 shall be used for the Meigs	32543
Local Enrichment Project Multi-Purpose Complex, $75,000 shall be	32544
used for the Miracle League facility - Muskingum County, $70,000	32545
shall be used for the City of Nelsonville Park/land acquisition,	32546
$65,000 shall be used for the Village of Jacksonville Park	32547
improvements, $58,500 shall be used by the Greene County Parks and	32548
Recreation Department for Greene County Park improvements, $50,000	32549
shall be used for the Ohio Wildlife Center, $50,000 shall be used	32550
for the Kelley's Island Park Restroom PHASE II, $50,000 shall be	32551
used for the Little League Challenger Field - Cambridge, $50,000	32552
shall be used for the Avon Isle Park improvements, $50,000 shall	32553
be used for the Monroe Township, Clermont County Fair Oak Park,	32554
$46,000 shall be used for the Huntington Township Park Projects,	32555
$35,000 shall be used for the Village of Buchtel Park	32556
improvements, $35,000 shall be used for the Village of Syracuse	32557
Park improvements, $30,000 shall be used for the Village of	32558
Albany Park improvements, $30,000 shall be used for the Village	32559
of Aberdeen Boat Dock, $30,000 shall be used for the Village of	32560
Hamler Parks improvement, $25,000 shall be used for the Coshocton	32561
Children's Park, $25,000 shall be used for the Alt Park	32562
improvements, $25,000 shall be used for the Cambridge Handicapped	32563
Playground, $25,000 shall be used for the Murray City Community	32564
Parks improvement, $25,000 shall be used for the Marblehead	32565
Lighthouse State Park - Replica Life Boat Station, $25,000 shall	32566
be used for the Village of Attica Park Maintenance, $20,000 shall	32567
be used for the Village of Stockport Park improvements, $15,000	32568
shall be used for the Village of Salineville Baseball Field,	32569
$15,000 shall be used for the City of Parma Heights Greenbriar	32570
Commons Park Walking Trail, $10,000 shall be used for the	32571
Village of Albany Bike Paths, $10,000 shall be used for the	32572
Salem Park Board, $10,000 shall be used for the Village of	32573
Pomeroy Mini Park improvements, $10,000 shall be used for the	32574
Skyvue Outdoor Classroom, and $6,000 shall be used for the	32575
Wadsworth Skate Park.	32576

Section 235.11. For the appropriations in Section 235.10 of	32577
this act, the Department of Natural Resources shall periodically	32578
prepare and submit to the Director of Budget and Management the	32579
estimated design, planning, and engineering costs of	32580
capital-related work to be done by the Department for each	32581
project. Based on the estimates, the Director of Budget and	32582
Management may release appropriations from the foregoing	32583
appropriation item C725E6, Project Planning, within the Parks and	32584
Recreation Improvement Fund (Fund 7035), to pay for design,	32585
planning, and engineering costs incurred by the Department for the	32586
projects. Upon release of the appropriations by the Director of	32587
Budget and Management, the Department shall pay for these	32588
expenses from the Parks Capital Expenses Fund (Fund 2270), and	32589
shall be reimbursed from the Parks and Recreation Improvement	32590
Fund (Fund 7035) using an intrastate voucher.	32591

Section 235.12. The Treasurer of State is hereby authorized	32592
to issue and sell, in accordance with Section 2i of Article VIII,	32593
Ohio Constitution, and Chapter 154. of the Revised Code,	32594
particularly section 154.22 of the Revised Code, original	32595
obligations in an aggregate principal amount not to exceed	32596
$41,000,000, in addition to the original issuance of obligations	32597
heretofore authorized by prior acts of the General Assembly. These	32598
authorized obligations shall be issued, subject to applicable	32599
constitutional and statutory limitations, to pay the costs of	32600
capital facilities for parks and recreation as defined in section	32601
154.01 of the Revised Code.	32602

Section 235.13. (A) No capital improvement appropriations	32603
made in Section 235.10 of this act shall be released for planning	32604
or for improvement, renovation, or construction or acquisition of	32605
capital facilities if a governmental agency, as defined in section	32606
154.01 of the Revised Code, does not own the real property that	32607
constitutes the capital facilities or on which the capital	32608
facilities are or will be located. This restriction does not apply	32609
in any of the following circumstances:	32610

(1) The governmental agency has a long-term (at least fifteen	32611
years) lease of, or other interest (such as an easement) in, the	32612
real property.	32613

(2) In the case of an appropriation for capital facilities	32614
for parks and recreation that, because of their unique nature or	32615
location, will be owned or be part of facilities owned by a	32616
separate nonprofit organization and made available to the	32617
governmental agency for its use or operated by the nonprofit	32618
organization under contract with the governmental agency, the	32619
nonprofit organization either owns or has a long-term (at least	32620
fifteen years) lease of the real property or other capital	32621
facility to be improved, renovated, constructed, or acquired and	32622
has entered into a joint or cooperative use agreement, approved by	32623
the Department of Natural Resources, with the governmental agency	32624
for that agency's use of and right to use the capital facilities	32625
to be financed and, if applicable, improved, the value of such use	32626
or right to use being, as determined by the parties, reasonably	32627
related to the amount of the appropriation.	32628

(B) In the case of capital facilities referred to in division	32629
(A)(2) of this section, the joint or cooperative use agreement	32630
shall include, as a minimum, provisions that:	32631

(1) Specify the extent and nature of that joint or	32632
cooperative use, extending for not fewer than fifteen years, with	32633
the value of such use or right to use to be, as determined by the	32634
parties and approved by the approving department, reasonably	32635
related to the amount of the appropriation;	32636

(2) Provide for pro rata reimbursement to the state should	32637
the arrangement for joint or cooperative use by a governmental	32638
agency be terminated; and	32639

(3) Provide that procedures to be followed during the capital	32640
improvement process will comply with appropriate applicable state	32641
statutes and rules, including the provisions of this act.	32642

Section 237.10. The items set forth in this section are	32643
hereby appropriated out of any moneys in the state treasury to the	32644
credit of the State Capital Improvements Fund (Fund 7038) that	32645
are not otherwise appropriated.	32646

Appropriations

PWC PUBLIC WORKS COMMISSION	32647

C15000	Local Public Infrastructure	$	120,000,000	32648
Total Public Works Commission		$	120,000,000	32649
TOTAL State Capital Improvements Fund		$	120,000,000	32650

The foregoing appropriation item C15000, Local Public	32651
Infrastructure, shall be used in accordance with sections 164.01	32652
to 164.12 of the Revised Code. The Director of the Public Works	32653
Commission may certify to the Director of Budget and Management	32654
that a need exists to appropriate investment earnings to be used	32655
in accordance with sections 164.01 to 164.12 of the Revised Code.	32656
If the Director of Budget and Management determines pursuant to	32657
division (D) of section 164.08 and section 164.12 of the Revised	32658
Code that investment earnings are available to support additional	32659
appropriations, such amounts are hereby appropriated.	32660

If the Public Works Commission receives refunds due to	32661
project overpayments that are discovered during a post-project	32662
audit, the Director of the Public Works Commission may certify to	32663
the Director of Budget and Management that refunds have been	32664
received. In certifying the refunds, the Director of the Public	32665
Works Commission shall provide the Director of Budget and	32666
Management information on the project refunds. The certification	32667
shall detail by project the source and amount of project	32668
overpayments received and include any supporting documentation	32669
required or requested by the Director of Budget and Management.	32670
Upon receipt of the certification, the Director of Budget and	32671
Management shall determine if the project refunds are necessary to	32672
support existing appropriations. If the project refunds are	32673
available to support additional appropriations, these amounts are	32674
hereby appropriated to appropriation item C15030, Revolving Loan.	32675

Section 237.11. The Ohio Public Facilities Commission is	32676
hereby authorized to issue and sell, in accordance with Section 2p	32677
of Article VIII, Ohio Constitution, and sections 151.01 and	32678
151.08 of the Revised Code, original obligations of the state, in	32679
an aggregate principal amount not to exceed $120,000,000, in	32680
addition to the original obligations heretofore authorized by	32681
prior acts of the General Assembly. These authorized obligations	32682
shall be issued and sold from time to time and in amounts	32683
necessary to ensure sufficient moneys to the credit of the State	32684
Capital Improvements Fund (Fund 7038) to pay costs of capital	32685
improvement projects of local subdivisions.	32686

Section 239.10. The items set forth in this section are	32687
hereby appropriated out of any moneys in the state treasury to	32688
the credit of the Clean Ohio Conservation Fund (Fund 7056) that	32689
are not otherwise appropriated.	32690

Appropriations

PWC PUBLIC WORKS COMMISSION	32691

C15060	Clean Ohio Conservation	$	30,000,000	32692
Total Public Works Commission		$	30,000,000	32693
TOTAL Clean Ohio Conservation Fund		$	30,000,000	32694

The foregoing appropriation item C15060, Clean Ohio	32695
Conservation, shall be used in accordance with sections 164.20 to	32696
164.27 of the Revised Code. If the Public Works Commission	32697
receives refunds due to project overpayments that are discovered	32698
during the post-project audit, the Director of the Public Works	32699
Commission may certify to the Director of Budget and Management	32700
that refunds have been received. If the Director of Budget and	32701
Management determines that the project refunds are available to	32702
support additional appropriations, such amounts are hereby	32703
appropriated.	32704

Section 241.10. The items set forth in this section are	32705
hereby appropriated out of any moneys in the state treasury to	32706
the credit of the Clean Ohio Agricultural Easement Fund (Fund	32707
7057) that are not otherwise appropriated.	32708

Appropriations

AGR DEPARTMENT OF AGRICULTURE	32709

C70009	Clean Ohio Agricultural Easements	$	5,000,000	32710
Total Department of Agriculture		$	5,000,000	32711
TOTAL Clean Ohio Agricultural Easement Fund		$	5,000,000	32712

Section 243.10. The items set forth in this section are	32714
hereby appropriated out of any moneys in the state treasury to	32715
the credit of the Clean Ohio Trail Fund (Fund 7061) that are not	32716
otherwise appropriated.	32717

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	32718

C72514	Clean Ohio Trail - Grants	$	5,000,000	32719
Total Department of Natural Resources		$	5,000,000	32720
TOTAL Clean Ohio Trail Fund		$	5,000,000	32721

Section 243.11. The Ohio Public Facilities Commission is	32723
hereby authorized to issue and sell, in accordance with Section	32724
2o of Article VIII, Ohio Constitution, and pursuant to sections	32725
151.01 and 151.09 of the Revised Code, original obligations of	32726
the state in an aggregate principal amount not to exceed	32727
$40,000,000 in addition to the original issuance of obligations	32728
heretofore authorized by prior acts of the General Assembly.	32729
These authorized obligations shall be issued and sold from time	32730
to time, subject to applicable constitutional and statutory	32731
limitations, as needed to ensure sufficient moneys to the credit	32732
of the Clean Ohio Conservation Fund (Fund 7056), the Clean Ohio	32733
Agricultural Easement Fund (Fund 7057), and the Clean Ohio Trail	32734
Fund (Fund 7061) to pay costs of conservation projects.	32735

Section 245.10. Notwithstanding any provision of law to the	32736
contrary, the Director of Budget and Management, with the written	32737
concurrence of the Director of Public Safety, may transfer cash	32738
temporarily from the Highway Safety Fund (Fund 7036) to the	32739
Highway Safety Building Fund (Fund 7025), and the cash may be	32740
used to fund projects previously appropriated by acts of the	32741
General Assembly. The transfers shall be made for the purpose of	32742
providing cash to support appropriations or encumbrances that	32743
exist on the effective date of this section. At such time as	32744
obligations are issued for Highway Safety Building Fund projects,	32745
the Director of Budget and Management shall transfer from the	32746
Highway Safety Building Fund to the Highway Safety Fund any	32747
amounts originally transferred to the Highway Safety Building	32748
Fund under this section.	32749

Section 247.10. CERTIFICATION OF AVAILABILITY OF MONEYS

32750

Moneys that require release shall not be expended from any	32751
appropriation contained in this act without certification of the	32752
Director of Budget and Management that there are sufficient moneys	32753
in the state treasury in the fund from which the appropriation is	32754
made. Such certification shall be based on estimates of revenue,	32755
receipts, and expenses. Nothing in this section limits the	32756
authority granted to the Director of Budget and Management in	32757
section 126.07 of the Revised Code.	32758

Section 249.10. LIMITATION ON USE OF CAPITAL APPROPRIATIONS

32759

The appropriations made in this act, excluding those made to	32760
the State Capital Improvement Fund (Fund 7038) and the State	32761
Capital Improvements Revolving Loan Fund (Fund 7040) for buildings	32762
or structures, including remodeling and renovations, are limited	32763
to:	32764

(A) Acquisition of real property or interests in real	32765
property;	32766

(B) Buildings and structures, which include construction,	32767
demolition, complete heating, lighting and lighting fixtures, all	32768
necessary utilities, and ventilating, plumbing, sprinkling, and	32769
sewer systems, when such systems are authorized or necessary;	32770

(C) Architectural, engineering, and professional services	32771
expenses directly related to the projects;	32772

(D) Machinery that is a part of structures at the time of	32773
initial acquisition or construction;	32774

(E) Acquisition, development, and deployment of new computer	32775
systems, including the redevelopment or integration of existing	32776
and new computer systems, but excluding regular or ongoing	32777
maintenance or support agreements;	32778

(F) Equipment that meets all the following criteria:

32779

(1) The equipment is essential in bringing the facility up to	32780
its intended use;	32781

(2) The unit cost of the equipment, and not the individual	32782
parts of a unit, is about $100 or more;	32783

(3) The equipment has a useful life of five years or more;	32784
and	32785

(4) The equipment is necessary for the functioning of the	32786
particular facility or project.	32787

Equipment shall not be paid for from these appropriations	32788
that is not an integral part of or directly related to the basic	32789
purpose or function of a project for which moneys are	32790
appropriated. This paragraph does not apply to appropriation items	32791
specifically for equipment.	32792

Section 251.10. CONTINGENCY RESERVE REQUIREMENT

32793

Any request for release of capital appropriations by the	32794
Director of Budget and Management or the Controlling Board of	32795
capital appropriations for projects, the contracts for which are	32796
awarded by the Department of Administrative Services, shall	32797
contain a contingency reserve, the amount of which shall be	32798
determined by the Department of Administrative Services, for	32799
payment of unanticipated project expenses. Any amount deducted	32800
from the encumbrance for a contractor's contract as an assessment	32801
for liquidated damages shall be added to the encumbrance for the	32802
contingency reserve. Contingency reserve funds shall be used to	32803
pay costs resulting from unanticipated job conditions, to comply	32804
with rulings regarding building and other codes, to pay costs	32805
related to errors or omissions in contract documents, to pay costs	32806
associated with changes in the scope of work, and to pay the cost	32807
of settlements and judgments related to the project.	32808

Any funds remaining upon completion of a project may, upon	32809
approval of the Controlling Board, be released for the use of the	32810
agency or instrumentality to which the appropriation was made for	32811
other capital facilities projects.	32812

Section 253.10. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	32813
PROJECTS	32814

Notwithstanding sections 123.01 and 123.15 of the Revised	32815
Code, the Director of Administrative Services may authorize the	32816
Departments of Mental Health, Mental Retardation and Developmental	32817
Disabilities, Agriculture, Job and Family Services, Rehabilitation	32818
and Correction, Youth Services, Public Safety, Transportation, and	32819
the Ohio Veterans' Home to administer any capital facilities	32820
projects, the estimated cost of which, including design fees,	32821
construction, equipment, and contingency amounts, is less than	32822
$1,500,000. Requests for authorization to administer capital	32823
facilities projects shall be made in writing to the Director of	32824
Administrative Services by the applicable state agency within	32825
sixty days after the effective date of the section of law in which	32826
the General Assembly initially makes an appropriation for the	32827
project. Upon the release of funds for the projects by the	32828
Controlling Board or the Director of Budget and Management, the	32829
agency may administer the capital project or projects for which	32830
agency administration has been authorized without the supervision,	32831
control, or approval of the Director of Administrative Services.	32832

A state agency authorized by the Director of Administrative	32833
Services to administer capital facilities projects pursuant to	32834
this section shall comply with the applicable procedures and	32835
guidelines established in Chapter 153. of the Revised Code.	32836

Section 255.10. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	32837
AGAINST THE STATE	32838

Except as otherwise provided in this section, an	32839
appropriation contained in this act or in any other act may be	32840
used for the purpose of satisfying judgments, settlements, or	32841
administrative awards ordered or approved by the Court of Claims	32842
or by any other court of competent jurisdiction in connection with	32843
civil actions against the state. This authorization does not apply	32844
to appropriations that are to be applied to or used for payment of	32845
guarantees by or on behalf of the state, or for payments under	32846
lease agreements relating to or debt service on bonds, notes, or	32847
other obligations of the state. Notwithstanding any other section	32848
of law to the contrary, this authorization includes appropriations	32849
from funds into which proceeds or direct obligations of the state	32850
are deposited only to the extent that the judgment, settlement, or	32851
administrative award is for or represents capital costs for which	32852
the appropriation may otherwise be used and is consistent with the	32853
purpose for which any related obligations were issued or entered	32854
into. Nothing contained in this section is intended to subject the	32855
state to suit in any forum in which it is not otherwise subject to	32856
suit, and it is not intended to waive or compromise any defense or	32857
right available to the state in any suit against it.	32858

Section 257.10. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET	32859
AND MANAGEMENT	32860

Notwithstanding section 126.14 of the Revised Code,	32861
appropriations for appropriation item C50101, Community-Based	32862
Correctional Facilities, appropriated from the Adult Correctional	32863
Building Fund (Fund 7027) to the Department of Rehabilitation and	32864
Correction, shall be released upon the written approval of the	32865
Director of Budget and Management. The appropriations from the	32866
Public School Building Fund (Fund 7021) and the School Building	32867
Program Assistance Fund (Fund 7032) to the School Facilities	32868
Commission, from the Clean Ohio Conservation Fund (Fund 7056), the	32869
State Capital Improvement Fund (Fund 7038), and the State Capital	32870
Improvements Revolving Loan Fund (Fund 7040) to the Public Works	32871
Commission, shall be released upon presentation of a request to	32872
release the funds, by the agency to which the appropriation has	32873
been made, to the Director of Budget and Management.	32874

Section 259.10. PREVAILING WAGE REQUIREMENT

32875

Except as provided in section 4115.04 of the Revised Code,	32876
moneys appropriated or reappropriated by the 127th General	32877
Assembly shall not be used for the construction of public	32878
improvements, as defined in section 4115.03 of the Revised Code,	32879
unless the mechanics, laborers, or workers engaged therein are	32880
paid the prevailing rate of wages prescribed in section 4115.04 of	32881
the Revised Code. Nothing in this section affects the wages and	32882
salaries established for state employees under Chapter 124. of the	32883
Revised Code, or collective bargaining agreements entered into by	32884
the state under Chapter 4117. of the Revised Code, while engaged	32885
on force account work, nor does this section interfere with the	32886
use of inmate and patient labor by the state.	32887

Section 261.10. CAPITAL FACILITIES LEASES

32888

Capital facilities for which appropriations are made from the	32889
Highway Safety Building Fund (Fund 7025), the Administrative	32890
Building Fund (Fund 7026), the Adult Correctional Building Fund	32891
(Fund 7027), and the Juvenile Correctional Building Fund (Fund	32892
7028) may be leased by the Ohio Building Authority to the	32893
Department of Public Safety, the Department of Youth Services,	32894
the Department of Administrative Services, and the Department of	32895
Rehabilitation and Correction, and other agreements may be made	32896
by the Ohio Building Authority and the departments with respect	32897
to the use or purchase of such capital facilities, or, subject to	32898
the approval of the director of the department or the commission,	32899
the Ohio Building Authority may lease the capital facilities to,	32900
and make other agreements with respect to the use or purchase of	32901
the capital facilities with, any governmental agency or nonprofit	32902
corporation having authority under law to own, lease, or operate	32903
the capital facilities. The director of the department or the	32904
commission may sublease the capital facilities to, and make other	32905
agreements with respect to the use or purchase of the capital	32906
facilities with, any such governmental agency or nonprofit	32907
corporation, which agreements may include provisions for	32908
transmittal of receipts of the agency or nonprofit corporation of	32909
any charges for the use of the facilities, all upon such terms	32910
and conditions as the parties may agree upon and subject to any	32911
other provision of law affecting the leasing, acquisition, or	32912
disposition of capital facilities by the parties.	32913

Section 263.10. AUTHORIZATION OF THE DIRECTOR OF BUDGET AND	32914
MANAGEMENT	32915

The Director of Budget and Management shall authorize both of	32916
the following:	32917

(A) The initial release of moneys for projects from the funds	32918
into which proceeds of direct obligations of the state are	32919
deposited; and	32920

(B) The expenditure or encumbrance of moneys from funds into	32921
which proceeds of direct obligations are deposited, but only after	32922
determining to the director's satisfaction that either of the	32923
following applies:	32924

(1) The application of the moneys to the particular project	32925
will not negatively affect any exemption or exclusion from federal	32926
income tax of the interest or interest equivalent on obligations	32927
issued to provide moneys to the particular fund.	32928

(2) Moneys for the project will come from the proceeds of	32929
obligations, the interest on which is not so excluded or exempt	32930
and which have been authorized as "taxable obligations" by the	32931
issuing authority.	32932

The director shall report any nonrelease of moneys pursuant	32933
to this section to the Governor, to the Speaker of the House of	32934
Representatives, to the President of the Senate, and to the agency	32935
for the use of which the project is intended.	32936

Section 265.10. SCHOOL FACILITIES ENCUMBRANCES AND	32937
REAPPROPRIATION	32938

At the request of the Executive Director of the Ohio School	32939
Facilities Commission, the Director of Budget and Management may	32940
cancel encumbrances for school district projects from a previous	32941
biennium if the district has not raised its local share of project	32942
costs within one year after receiving Controlling Board approval	32943
in accordance with section 3318.05 of the Revised Code. The	32944
Executive Director of the Ohio School Facilities Commission shall	32945
certify the amounts of these canceled encumbrances to the Director	32946
of Budget and Management on a quarterly basis. The amounts of the	32947
canceled encumbrances are hereby appropriated.	32948

Section 267.10. CERTIFICATE OF NEED REQUIREMENT

32949

An appropriation for a health care facility authorized under	32950
this act may not be released until the requirements of sections	32951
3702.51 to 3702.62 of the Revised Code have been met.	32952

Section 269.10. DISTRIBUTION OF PROCEEDS FROM ASBESTOS	32953
ABATEMENT LITIGATION	32954

All proceeds received by the state as a result of litigation,	32955
judgments, settlements, or claims, filed by or on behalf of any	32956
state agency, as defined by section 1.60 of the Revised Code, or	32957
state-supported or state-assisted institution of higher education,	32958
for damages or costs resulting from the use, removal, or hazard	32959
abatement of asbestos materials shall be deposited in the Asbestos	32960
Abatement Distribution Fund (Fund 6740). All funds deposited into	32961
the Asbestos Abatement Distribution Fund are hereby appropriated	32962
to the Attorney General. To the extent practicable, the proceeds	32963
placed in the Asbestos Abatement Distribution Fund shall be	32964
divided among the state agencies and state-supported or	32965
state-assisted institutions of higher education in accordance with	32966
the general provisions of the litigation regarding the percentage	32967
of recovery. Distribution of the proceeds to each state agency or	32968
state-supported or state-assisted institution of higher education	32969
shall be made in accordance with the Asbestos Abatement	32970
Distribution Plan to be developed by the Attorney General, the	32971
General Services Division within the Department of Administrative	32972
Services, and the Office of Budget and Management.	32973

In those circumstances where asbestos litigation proceeds are	32974
for reimbursement of expenditures made with funds outside the	32975
state treasury or damages to buildings not constructed with state	32976
appropriations, direct payments shall be made to the affected	32977
institutions of higher education. Any proceeds received for	32978
reimbursement of expenditures made with funds within the state	32979
treasury or damages to buildings occupied by state agencies shall	32980
be distributed to the affected agencies with an intrastate	32981
transfer voucher to the funds identified in the Asbestos Abatement	32982
Distribution Plan.	32983

These proceeds shall be used for additional asbestos	32984
abatement or encapsulation projects, or for other capital	32985
improvements, except that proceeds distributed to the General	32986
Revenue Fund and other funds that are not bond improvement funds	32987
may be used for any purpose. The Controlling Board may, for bond	32988
improvement funds, create appropriation items or increase	32989
appropriation authority in existing appropriation items equaling	32990
the amount of the proceeds. The amounts approved by the	32991
Controlling Board are hereby appropriated. The proceeds deposited	32992
in bond improvement funds shall not be expended until released by	32993
the Controlling Board, which shall require certification by the	32994
Director of Budget and Management that the proceeds are sufficient	32995
and available to fund the additional anticipated expenditures.	32996

Section 271.10. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE	32997
REVISED CODE	32998

The capital improvements for which appropriations are made in	32999
this act from the Third Frontier Research and Development Fund	33000
(Fund 7011), the Job Ready Site Development Fund (Fund 7012), the	33001
Ohio Parks and Natural Resources Fund (Fund 7031), the School	33002
Building Program Assistance Fund (Fund 7032), the Higher Education	33003
Improvement Fund (Fund 7034), the State Capital Improvements Fund	33004
(Fund 7038), the Clean Ohio Conservation Fund (Fund 7056), the	33005
Clean Ohio Agricultural Easement Fund (Fund 7057), and the Clean	33006
Ohio Trail Fund (Fund 7061) are determined to be capital	33007
improvements and capital facilities for research and development,	33008
preparation of sites, natural resources, a statewide system of	33009
common schools, state-supported and state-assisted institutions	33010
of higher education, local subdivision capital improvement	33011
projects, and conservation purposes (under the Clean Ohio	33012
Program) and are designated as capital facilities to which	33013
proceeds of obligations issued under Chapter 151. of the Revised	33014
Code are to be applied.	33015

Section 273.10. OBLIGATIONS ISSUED UNDER CHAPTER 152. OF THE	33016
REVISED CODE	33017

The capital improvements for which appropriations are made in	33018
this act from the Highway Safety Building Fund (Fund 7025), the	33019
Administrative Building Fund (Fund 7026), the Adult Correctional	33020
Building Fund (Fund 7027), the Juvenile Correctional Building Fund	33021
(Fund 7028), and the Transportation Building Fund (Fund 7029) are	33022
determined to be capital improvements and capital facilities for	33023
housing state agencies and branches of state government and are	33024
designated as capital facilities to which proceeds of obligations	33025
issued under Chapter 152. of the Revised Code are to be applied.	33026

Section 273.20. OBLIGATIONS ISSUED UNDER CHAPTER 154. OF THE	33027
REVISED CODE	33028

The capital improvements for which appropriations are made in	33029
this act from the Cultural and Sports Facilities Building Fund	33030
(Fund 7030), the Mental Health Facilities Improvement Fund (Fund	33031
7033), and the Parks and Recreation Improvement Fund (Fund 7035)	33032
are determined to be capital improvements and capital facilities	33033
for housing state agencies and branches of government, mental	33034
hygiene and retardation, and parks and recreation and are	33035
designated as capital facilities to which proceeds of obligations	33036
issued under Chapter 154. of the Revised Code are to be applied.	33037

Section 275.10. TRANSFER OF OPEN ENCUMBRANCES

33038

Upon the request of the agency to which a capital project	33039
appropriation item is appropriated, the Director of Budget and	33040
Management may transfer open encumbrance amounts between separate	33041
encumbrances for the project appropriation item to the extent that	33042
any reductions in encumbrances are agreed to by the contracting	33043
vendor and the agency.	33044

Section 277.10. LITIGATION PROCEEDS TO THE ADMINISTRATIVE	33045
BUILDING FUND	33046

Any proceeds received by the state as the result of	33047
litigation or a settlement agreement related to any liability for	33048
the planning, design, engineering, construction, or construction	33049
management of facilities operated by the Department of	33050
Administrative Services shall be deposited into the Administrative	33051
Building Fund (Fund 7026).	33052

Section 279.10. COAL RESEARCH AND DEVELOPMENT BONDS

33053

The Ohio Public Facilities Commission, upon the request of	33054
the Director of the Ohio Coal Development Office with the advice	33055
of the Technical Advisory Committee created in section 1551.35 of	33056
the Revised Code and with the approval of the Director of the Air	33057
Quality Development Authority, is hereby authorized to issue and	33058
sell, in accordance with Section 15 of Article VIII, Ohio	33059
Constitution, and Chapter 151. of the Revised Code, and	33060
particularly sections 151.01 and 151.07 and other applicable	33061
sections of the Revised Code, bonds or other obligations of the	33062
state heretofore authorized by prior acts of the General Assembly.	33063
The obligations shall be issued, subject to applicable	33064
constitutional and statutory limitations, to provide sufficient	33065
moneys to the credit of the Coal Research and Development Fund	33066
created in section 1555.15 of the Revised Code to pay costs	33067
charged to the fund when due as estimated by the Director of the	33068
Ohio Coal Development Office.	33069

Section 281.10. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT

33070

The Ohio Administrative Knowledge System (OAKS) shall be an	33071
enterprise resource planning system that replaces the state's	33072
central services infrastructure systems, including the Central	33073
Accounting System, the Human Resources/Payroll System, the Capital	33074
Improvements Projects Tracking System, the Fixed Assets Management	33075
System, and the Procurement System. The Department of	33076
Administrative Services, in conjunction with the Office of Budget	33077
and Management, may acquire the system, including, but not limited	33078
to, the enterprise resource planning software and installation and	33079
implementation thereof, pursuant to Chapter 125. of the Revised	33080
Code. Any lease-purchase arrangement utilized under Chapter 125.	33081
of the Revised Code, including any fractionalized interest therein	33082
as defined in division (N) of section 133.01 of the Revised Code,	33083
shall provide at the end of the lease period that OAKS shall	33084
become the property of the state.	33085

Section 283.10. Sections of this act prefixed with a section	33086
number in the 200s are and remain in full force and effect	33087
commencing on July 1, 2008, and terminating on June 30, 2010,	33088
for the purpose of drawing money from the state treasury in	33089
payment of liabilities lawfully incurred under those sections,	33090
and on June 30, 2010, and not before, the moneys hereby	33091
appropriated lapse into the funds from which they are severally	33092
appropriated. If, under Section 1c of Article II, Ohio	33093
Constitution, the sections of this act prefixed with a section	33094
number in the 200s do not take effect until after July 1, 2008,	33095
the sections are and remain in full force and effect commencing	33096
on that effective date.	33097

Section 503.10. GENERAL OBLIGATIONS ADJUSTMENTS TO REFLECT	33098
TOBACCO SECURITIZATION	33099

In accordance with divisions (A)(5) and (6) of Section 518.03	33100
of H.B. 119 of the 127th General Assembly, the existing	33101
authorizations granted in prior acts of the General Assembly to	33102
issue and sell obligations under Section 2n of Article VIII, Ohio	33103
Constitution, to pay costs of facilities for (1) a system of	33104
common schools throughout the state is hereby reduced from	33105
$4,145,000,000 to $3,345,000,000, and (2) state-supported and	33106
state-assisted institutions of higher education is hereby reduced	33107
from $2,957,000,000 to $2,007,000,000.	33108

Section 503.20. OHIO DENTIST AND PHYSICIAN LOAN REPAYMENT	33109
PROGRAMS	33110

On July 1, 2008, or as soon as possible thereafter, the	33111
Director of Budget and Management shall cancel any existing	33112
encumbrances against the Board of Regents' appropriation item	33113
235624, Ohio Dental Loan Repayment, and re-establish them against	33114
the Department of Health's appropriation item 440624, Ohio Dental	33115
Loan Repayment. The amounts of the re-established encumbrances	33116
are hereby appropriated.	33117

On July 1, 2008, or as soon as possible thereafter, the	33118
Chancellor of the Board of Regents shall certify to the Director	33119
of Budget and Management the amount of cash and any outstanding	33120
encumbrances for the Dentist and Physician Loan Repayment Programs	33121
remaining in the National Health Services Corps – Ohio Loan	33122
Repayment Fund (Fund 3T00). The Director of Budget and Management	33123
shall transfer this amount in cash from the National Health	33124
Services Corps – Ohio Loan Repayment Fund (Fund 3T00) to the	33125
Federal Public Health Programs Fund (Fund 3920). In addition, the	33126
Director of Budget and Management shall cancel the outstanding	33127
Dentist and Physician Loan Repayment Programs encumbrances in the	33128
National Health Services Corps – Ohio Loan Repayment Fund (Fund	33129
3T00) and re-establish these encumbrances in the Federal Public	33130
Health Programs Fund (Fund 3920). The amounts of the	33131
re-established encumbrances are hereby appropriated.	33132

On and after the effective date of this section,	33133
administration of the Dentist Loan Repayment Program is the	33134
responsibility of the Department of Health.	33135

Section 503.30. OHIO PHYSICIAN LOAN REPAYMENT PROGRAM

33136

On July 1, 2008, the Director of Budget and Management shall	33137
cancel any existing encumbrances against appropriation item	33138
235604, Physician Loan Repayment, and re-establish them against	33139
appropriation item 440628, Ohio Physician Loan Repayment. The	33140
amounts of the re-established encumbrances are hereby	33141
appropriated.	33142

On and after the effective date of this section,	33143
administration of the Physician Loan Repayment Program is the	33144
responsibility of the Department of Health.	33145

Section 515.10. SCHOOL FACILITIES COMMISSION REIMBURSEMENT	33146
FROM PROCEEDS OF TOBACCO SETTLEMENT BONDS	33147

Prior to January 1, 2009, the Executive Director of the Ohio	33148
School Facilities Commission shall report to the Director of	33149
Budget and Management the amount of funds expended between	33150
September 1, 2007, and June 30, 2008, from the Education	33151
Facilities Trust Fund (Fund N087) and from the Public School	33152
Building Fund (Fund 7021) that were eligible to be financed from	33153
the proceeds of the tax-exempt tobacco settlement bonds issued	33154
pursuant to section 183.51 of the Revised Code and were deposited	33155
into the School Building Program Assistance Fund (Fund 7032).	33156
Upon receipt of the report, the Director of Budget and Management	33157
may transfer cash, in the amount reported, from the tobacco	33158
settlement bond proceeds to each of the funds. Appropriations for	33159
the funds are hereby adjusted by the amounts of the cash	33160
transfers.	33161

Section 515.20. CORRECTIVE CASH TRANSFER

33162

On the effective date of this section, or as soon as possible	33163
thereafter, the Director of Budget and Management may transfer	33164
$34,549.45 in cash from the Coal Research and Development Bond	33165
Services Fund (Fund 7076) into the Coal Research and Development	33166
Fund (Fund 7046) to correct deposits that were mistakenly	33167
deposited into the Coal Research and Development Bond Services	33168
Fund (Fund 7076).	33169

Section 515.21. CORRECTIVE CASH TRANSFER

33170

On the effective date of this section, or as soon as possible	33171
thereafter, the Director of Budget and Management may transfer	33172
$5,538.11 in cash from the Coal Research and Development Fund	33173
(Fund 7046) into the Coal Research and Development Bond Services	33174
Fund (Fund 7076) to correct deposits that were mistakenly	33175
deposited into the Coal Research and Development Fund (Fund 7046).	33176

Section 515.30. TRANSFER FROM THE GENERAL REIMBURSEMENT FUND	33177
TO THE PUBLIC HEALTH PRIORITY TRUST FUND	33178

Notwithstanding any provision of law to the contrary, on July	33179
1, 2008, or as soon as possible thereafter, the Director of Budget	33180
and Management shall transfer $950,000 cash from the General	33181
Reimbursement Fund (Fund 1060) to the Public Health Priority Trust	33182
Fund (Fund L087). The amount transferred is hereby appropriated to	33183
appropriation item 440-432, Pneumococcal Vaccines for Children, in	33184
the Department of Health.	33185

Section 515.40. BUDGET STABILIZATION FUND TRANSFERS

33186

The Director of Budget and Management has directed the	33187
following agencies to reduce spending in the following General	33188
Revenue Fund appropriation items. Amounts listed in the first	33189
column are the reductions for fiscal year 2008 and amounts listed	33190
in the second column are the reductions for fiscal year 2009.	33191

Department of Agriculture	33192

	700-403		Animal Disease Control		$	36,540		$	182,702		33193
	700-410		Food Safety		$	8,651		$	43,255		33194

Department of Health	33195

	440-407		Animal Borne Disease and Prevention		$	80,000		$	40,000		33196
	440-418		Immunization		$	80,000		$	40,000		33197

Department of Rehabilitation and Correction	33198

503-321

Parole and Community Operations

1,327,100

5,433,321

33199

Department of Education	33200

200-503

Bus Purchase Allowance

5,128,138

676,200

33201

Department of Job and Family Services	33202

600-502

Child Support Match

3,401,410

33203

Rehabilitation Services Commission	33204

415-431

Office of People with Brain Injury

22,601

33205

Ohio School for the Blind	33206

226-100

Personal Services

354,656

375,966

33207

Ohio School for the Deaf	33208

221-100

Personal Services

438,768

463,193

33209

The Director of Budget and Management shall transfer	33210
$7,476,454 cash in fiscal year 2008 and $10,678,648 cash in fiscal	33211
year 2009 from the Budget Stabilization Fund to the General	33212
Revenue Fund to ensure the full amounts appropriated in Am. Sub.	33213
H.B. 119 of the 127th General Assembly to each of the foregoing	33214
appropriation items are available to the agencies for	33215
expenditure.	33216

Section 515.50. Notwithstanding division (A) of section	33217
169.05 of the Revised Code, on July 1, 2008, or as soon as	33218
possible thereafter, and upon the request of the Director of	33219
Budget and Management, the Director of Commerce shall transfer to	33220
the State Adoption Assistance Loan Fund, which is created in	33221
section 5101.143 of the Revised Code, $500,000 of unclaimed funds	33222
that have been reported by holders of unclaimed funds under	33223
section 169.05 of the Revised Code, irrespective of the	33224
allocation of the unclaimed funds under that section. The amount	33225
transferred is hereby appropriated.	33226

Notwithstanding division (A) of section 169.05 of the Revised	33227
Code, on July 1, 2009, or as soon as possible thereafter, and upon	33228
the request of the Director of Budget and Management, the Director	33229
of Commerce shall transfer to the State Adoption Assistance Loan	33230
Fund, which is created in section 5101.143 of the Revised Code,	33231
$500,000 of unclaimed funds that have been reported by holders of	33232
unclaimed funds under section 169.05 of the Revised Code,	33233
irrespective of the allocation of the unclaimed funds under that	33234
section. The amount transferred is hereby appropriated.	33235

The Director of Budget and Management shall establish	33236
accounts indicating the source and amount of funds for each	33237
appropriation made in this act, and shall determine the form and	33238
manner in which appropriation accounts shall be maintained.	33239

Section 515.60. CASH TRANSFER FROM AUTOMATED TITLE	33240
PROCESSING FUND TO TITLE DEFECT RESCISSION FUND	33241

Notwithstanding any other provision of law to the contrary,	33242
on July 1, 2008, or as soon as practicable thereafter, the	33243
Director of Budget and Management shall transfer $1,000,000 in	33244
cash from the Automated Title Processing Fund (Fund 8490) to the	33245
Title Defect Rescission Fund (Fund 4Y70).	33246

Section 610.10. That Sections 315.10 and 555.19 of Am. Sub.	33247
H.B. 67 of the 127th General Assembly be amended to read as	33248
follows:	33249

Sec. 315.10. OHIO TURNPIKE COMMISSION NOISE MITIGATION PILOT	33250
PROJECT	33251

~~There is hereby created the Community Resolution Fund, which~~	33252
~~shall be in the custody of the Treasurer of State but shall not be~~	33253
~~part of the state treasury.~~ Notwithstanding any other provision of	33254
law to the contrary, ~~on the first day of July in each of 2007 and~~	33255
~~2008, or as soon as practicable thereafter in each of those years,~~	33256
~~the Treasurer of State shall transfer cash in the amount of~~	33257
~~$250,000~~the Department of Transportation shall enter into an	33258
agreement on a reimbursement basis with the Ohio Turnpike	33259
Commission for up to $500,000 from the Highway Operating Fund	33260
(Fund 002) ~~to the Community Resolution Fund~~. ~~The Treasurer of~~	33261
~~State~~Under the agreement, the Department of Transportation shall	33262
pay up to $250,000 from the fund ~~early~~ in fiscal year 2008 and up	33263
to $250,000 ~~early~~from the fund in fiscal year 2009 to the Ohio	33264
Turnpike Commission, which shall use the money for the study and	33265
pilot program required by ~~the~~this section.	33266

The Ohio Turnpike Commission shall perform a study of noise	33267
impact mitigation methods or techniques that may be used as an	33268
alternative to traditional sound barriers on the turnpike project.	33269
The study shall examine the viability of alternative noise impact	33270
mitigation methods or techniques that may be installed to	33271
alleviate traffic noise that is in excess of the criteria	33272
contained in the Ohio Department of Transportation's "Standard	33273
Procedures for the Analysis and Abatement of Highway Traffic	33274
Noise." After completing the study, but before ~~June 30~~December	33275
31, 2008, the Ohio Turnpike Commission shall commence a pilot	33276
program utilizing one or more alternative noise impact mitigation	33277
methods or techniques examined in the study, and shall submit a	33278
report containing the results of the pilot program and projected	33279
costs of further implementation to the Turnpike Legislative	33280
Review Committee not later than ~~December~~June 30, ~~2008~~2009.	33281
~~After the fiscal year 2009 payment of $250,000 is made to the~~	33282
~~Ohio Turnpike Commission, the Community Resolution Fund is~~	33283
~~abolished, and the Treasurer of State shall transfer any cash~~	33284
~~balance that remains credited to that fund to the Highway~~	33285
~~Operating Fund.~~	33286

Sec. 555.19. In fiscal year 2008, the Department of	33287
Transportation shall expend at least $400,000 in the township	33288
having the largest ~~geographic area~~population according to the	33289
most recent federal decennial census for a pilot program involving	33290
the installation and operation of a system of portable signal	33291
preemption devices. Use of the devices in the pilot program shall	33292
be in accordance with section 4511.031 of the Revised Code. The	33293
Department shall consult with appropriate township officials in	33294
implementing the pilot program.	33295

Section 610.11. That existing Sections 315.10 and 555.19 of	33296
Am. Sub. H.B. 67 of the 127th General Assembly are hereby	33297
repealed.	33298

Section 610.20. That Sections 203.10 and 203.50 of Am. Sub.	33299
H.B. 67 of the 127th General Assembly, as amended by Am. Sub.	33300
H.B. 119 of the 127th General Assembly, be amended to read as	33301
follows:	33302

Sec. 203.10. DOT DEPARTMENT OF TRANSPORTATION

33303

FUND

TITLE

FY 2008

FY 2009

33304

Transportation Planning and Research	33305

Highway Operating Fund Group	33306

002	771-411	Planning and Research - State	$	20,724,547	$	21,733,301	33307
002	771-412	Planning and Research - Federal	$	29,996,363	$	30,264,923	33308
TOTAL HOF Highway Operating							33309
Fund Group			$	50,720,910	$	51,998,224	33310
TOTAL ALL BUDGET FUND GROUPS -							33311
Transportation Planning							33312
and Research			$	50,720,910	$	51,998,224	33313

Highway Construction	33314

Highway Operating Fund Group	33315

002	772-421	Highway Construction - State	$	528,722,188	$	504,184,419	33316
002	772-422	Highway Construction - Federal	$	1,103,979,148	$	1,086,733,759	33317
002	772-424	Highway Construction - Other	$	106,439,000	$	100,379,155	33318
002	772-437	GARVEE Debt Service - State	$	10,321,300	$	19,273,500	33319
002	772-438	GARVEE Debt Service - Federal	$	113,915,900	$	139,015,000	33320
212	772-426	Highway Infrastructure Bank - Federal	$	4,303,173	$	4,018,649	33321
212	772-427	Highway Infrastructure Bank - State	$	8,268,315	$	10,209,272	33322
212	772-429	Highway Infrastructure Bank - Local	$	11,000,000	$	11,499,999	33323
212	772-430	Infrastructure Debt Reserve Title 23-49	$	1,500,000	$	1,500,000	33324
213	772-431	Roadway Infrastructure Bank - State	$	1,000,000	$	1,000,000	33325
213	772-432	Roadway Infrastructure Bank - Local	$	6,000,000	$	6,000,000	33326
213	772-433	Infrastructure Debt Reserve - State	$	2,000,000	$	2,000,000	33327
TOTAL HOF Highway Operating							33328
Fund Group			$	1,897,449,024	$	1,885,813,753	33329

Highway Capital Improvement Fund Group	33330

042	772-723		Highway Construction - Bonds		$	200,000,000		$	100,000,000		33331
TOTAL 042 Highway Capital Improvement Fund Group					$	200,000,000		$	100,000,000		33332

Infrastructure Bank Obligations Fund Group	33333

045	772-428	Highway Infrastructure Bank - Bonds	$	450,000,000	$	400,000,000	33334
TOTAL 045 Infrastructure Bank							33335
Obligations Fund Group			$	450,000,000	$	400,000,000	33336
TOTAL ALL BUDGET FUND GROUPS -							33337
Highway Construction			$	2,547,449,024	$	2,385,813,753	33338

Highway Maintenance	33339

Highway Operating Fund Group	33340

002	773-431	Highway Maintenance - State	$	403,252,901		$	417,915,187	33341
TOTAL HOF Highway Operating								33342
Fund Group			$	403,252,901		$	417,915,187	33343
					33344

TOTAL ALL BUDGET FUND GROUPS -											33345
Highway Maintenance					$	403,252,901		$	417,915,187		33346

Transportation Infrastructure	33347

State Special Revenue Fund Group	33348

5Z2	774-610	Motorist Service Signs	$	$	11,200,000	33349
TOTAL SSR State Special Revenue Fund Group			$	$	11,200,000	33350
TOTAL ALL BUDGET FUND GROUPS - Transportation Infrastructure			$	$	11,200,000	33351

Public Transportation	33352

Highway Operating Fund Group	33353

002	775-452	Public Transportation - Federal	$	25,471,589	$	30,391,763	33354
002	775-454	Public Transportation - Other	$	1,500,000	$	1,500,000	33355
002	775-459	Elderly and Disabled Special Equipment	$	4,730,000	$	4,730,000	33356
212	775-408	Transit Infrastructure Bank - Local	$	2,500,000	$	812,685	33357
212	775-455	Title 49 Infrastructure Bank - State	$	476,485	$	312,795	33358
213	775-457	Transit Infrastructure Bank - State	$	500,000	$	312,082	33359
213	775-460	Transit Infrastructure Bank - Local	$	1,000,000	$	1,000,000	33360
TOTAL HOF Highway Operating							33361
Fund Group			$	36,178,074	$	39,059,325	33362
TOTAL ALL BUDGET FUND GROUPS -							33363
Public Transportation			$	36,178,074	$	39,059,325	33364

Rail Transportation	33365

Federal Special Revenue Fund Group	33366

3B9	776-662		Rail Transportation - Federal		$	10,000		$	10,000		33367
TOTAL FED Federal Special Revenue Fund Group					$	10,000		$	10,000		33368

Highway Operating Fund Group	33369

002	776-462	Grade Crossings - Federal	$	15,000,000	$	15,000,000	33370
TOTAL HOF Highway Operating							33371
Fund Group			$	15,000,000	$	15,000,000	33372

State Special Revenue Fund Group	33373

4N4	776-663	Panhandle Lease Reserve Payments	$	762,500	$	763,700	33374
4N4	776-664	Rail Transportation - Other	$	2,111,500	$	2,111,500	33375
TOTAL SSR State Special Revenue Fund Group			$	2,874,000	$	2,875,200	33376

TOTAL ALL BUDGET FUND GROUPS -											33377
Rail Transportation					$	17,884,000		$	17,885,200		33378

Aviation	33379

State Special Revenue Fund Group	33380

5W9	777-615		County Airport Maintenance		$	570,000		$	570,000		33381
TOTAL SSR State Special Revenue Fund Group					$	570,000		$	570,000		33382

Highway Operating Fund Group	33383

002	777-472	Airport Improvements - Federal	$	405,000	$	405,000	33384
002	777-475	Aviation Administration	$	5,210,000	$	5,358,100	33385
213	777-477	Aviation Infrastructure Bank - State	$	2,000,000	$	3,500,000	33386
213	777-478	Aviation Infrastructure Bank - Local	$	5,996,118	$	6,000,000	33387
TOTAL HOF Highway Operating							33388
Fund Group			$	13,611,118	$	15,263,100	33389
TOTAL ALL BUDGET FUND GROUPS -							33390
Aviation			$	14,181,118	$	15,833,100	33391

Administration	33392

Highway Operating Fund Group	33393

002	779-491	Administration - State	$	120,262,864	$	122,601,493	33394
TOTAL HOF Highway Operating							33395
Fund Group			$	120,262,864	$	122,601,493	33396
TOTAL ALL BUDGET FUND GROUPS -							33397
Administration			$	120,262,864	$	122,601,493	33398

Debt Service	33399

Highway Operating Fund Group	33400

002	770-003	Administration - State - Debt Service	$	10,555,300	$	3,614,700	33401
TOTAL HOF Highway Operating							33402
Fund Group			$	10,555,300	$	3,614,700	33403
TOTAL ALL BUDGET FUND GROUPS -							33404
Debt Service			$	10,555,300	$	3,614,700	33405

TOTAL Department of Transportation	33406

TOTAL FED Federal Special Revenue Fund Group	$	10,000	$	10,000	33407
TOTAL HOF Highway Operating					33408
Fund Group	$	2,547,030,191	$	2,551,265,782	33409
TOTAL 042 Highway Capital					33410
Improvement Fund Group	$	200,000,000	$	100,000,000	33411
TOTAL 045 Infrastructure Bank					33412
Obligations Fund Group	$	450,000,000	$	400,000,000	33413
TOTAL SSR State Special Revenue Fund Group	$	3,444,000	$	~~3,445,200~~ 14,645,200	33414
TOTAL ALL BUDGET FUND GROUPS	$	3,200,484,191	$	~~3,054,720,982~~ 3,065,920,982	33415

DEPUTY INSPECTOR GENERAL FOR ODOT FUNDING

33416

Pursuant to section 121.51 of the Revised Code, the Director	33417
of Budget and Management, in conjunction with the Inspector	33418
General, shall prepare a schedule to transfer the necessary	33419
amounts from the Highway Operating Fund to the Deputy Inspector	33420
General for ODOT Fund to pay for the activities of the Deputy	33421
Inspector General. The amounts transferred are hereby	33422
appropriated.	33423

Sec. 203.50. PUBLIC ACCESS ROADS FOR STATE FACILITIES

33424

Of the foregoing appropriation item 772-421, Highway	33425
Construction - State, $5,000,000 shall be used in each fiscal year	33426
during the fiscal year 2008-2009 biennium by the Department of	33427
Transportation for the construction, reconstruction, or	33428
maintenance of public access roads, including support features, to	33429
and within state facilities owned or operated by the Department of	33430
Natural Resources.	33431

Notwithstanding section 5511.06 of the Revised Code, of the	33432
foregoing appropriation item 772-421, Highway Construction -	33433
State, $2,228,000 in each fiscal year of the fiscal year 2008-2009	33434
biennium shall be used by the Department of Transportation for the	33435
construction, reconstruction, or maintenance of park drives or	33436
park roads within the boundaries of metropolitan parks.	33437

Included in the foregoing appropriation item 772-421, Highway	33438
Construction - State, the department may perform related road work	33439
on behalf of the Ohio Expositions Commission at the state	33440
fairgrounds, including reconstruction or maintenance of public	33441
access roads and support features, to and within fairground	33442
facilities as requested by the commission and approved by the	33443
Director of Transportation.	33444

HIGHWAY CONSTRUCTION - FEDERAL

33445

Of the foregoing appropriation item 772-422, Highway	33446
Construction - Federal, $200,000 in fiscal year 2008 shall be used	33447
for the Cleveland Metropolitan Park District West Creek Project.	33448

PUBLIC SCHOOL ENTRANCE IMPROVEMENTS

33449

Of the foregoing appropriation item 779-491,	33450
Administration-State, $4,000,000 in fiscal year 2008, shall be	33451
used by the Department of Transportation to make grants available	33452
for state highway improvements at public school entrances under	33453
the following conditions:	33454

(A) The school is receiving assistance from the Ohio School	33455
Facilities Commission for the renovation or construction of new	33456
school facilities.	33457

(B) The state highway improvements are to be made at	33458
entrances within school zones.	33459

Grant awards shall be limited to $500,000 per school	33460
district, and are contingent on local government officials or the	33461
participating school district, or both, matching 25 per cent of	33462
the improvement cost.	33463

LIQUIDATION OF UNFORESEEN LIABILITIES

33464

Any appropriation made to the Department of Transportation,	33465
Highway Operating Fund, not otherwise restricted by law, is	33466
available to liquidate unforeseen liabilities arising from	33467
contractual agreements of prior years when the prior year	33468
encumbrance is insufficient.	33469

Section 610.21. That existing Sections 203.10 and 203.50 of	33470
Am. Sub. H.B. 67 of the 127th General Assembly, as amended by	33471
Am. Sub. H.B. 119 of the 127th General Assembly, is hereby	33472
repealed.	33473

Section 610.30. That Sections 201.10 and 512.70 of Am. Sub.	33474
H.B. 100 of the 127th General Assembly be amended to read as	33475
follows:	33476

Sec. 201.10. All items in this section are hereby	33477
appropriated out of any moneys in the state treasury to the credit	33478
of the designated fund. For all appropriations made in ~~this act~~	33479
Am. Sub. H.B. 100 of the 127th General Assembly, those in the	33480
first column are for fiscal year 2008, and those in the second	33481
column are for fiscal year 2009.	33482

FND

AI TITLE

Appropriations

33483

BWC BUREAU OF WORKERS' COMPENSATION	33484

Workers' Compensation Fund Group	33485

023	855-401	William Green Lease Payments to OBA	$	20,436,600	$	20,686,500	33486
023	855-407	Claims, Risk & Medical Management	$	140,367,719	$	140,367,719	33487
023	855-408	Fraud Prevention	$	11,772,551	$	11,772,551	33488
023	855-409	Administrative Services	$	122,962,388	$	122,962,388	33489
023	855-410	Attorney General Payments	$	4,444,085	$	4,444,085	33490
822	855-606	Coal Workers' Fund	$	91,894	$	91,894	33491
823	855-608	Marine Industry	$	53,952	$	53,952	33492
825	855-605	Disabled Workers Relief Fund	$	488,282	$	492,500	33493
826	855-609	Safety & Hygiene Operating	$	20,734,750	$	20,734,750	33494
826	855-610	Safety Grants Program	$	4,000,000	$	~~4,000,000~~ 6,500,000	33495
829	855-604	Long Term Care Loan Program	$	2,000,000	$	2,000,000	33496
TOTAL WCF Workers' Compensation							33497
Fund Group			$	327,352,221	$	~~327,606,339~~ 330,106,339	33498

Federal Special Revenue Fund Group	33499

349	855-601	OSHA Enforcement	$	1,604,140	$	1,604,140	33500
TOTAL FED Federal Special Revenue Fund Group			$	1,604,140	$	1,604,140	33501
TOTAL ALL BUDGET FUND GROUPS			$	328,956,361	$	~~329,210,479~~ 331,710,479	33502

WILLIAM GREEN LEASE PAYMENTS

33503

The foregoing appropriation item 855-401, William Green Lease	33504
Payments to OBA, shall be used for lease payments to the Ohio	33505
Building Authority, and these appropriations shall be used to meet	33506
all payments at the times they are required to be made during the	33507
period from July 1, 2007, to June 30, 2009, by the Bureau of	33508
Workers' Compensation to the Ohio Building Authority pursuant to	33509
leases and agreements made under Chapter 152. of the Revised Code	33510
and Section 6 of Am. Sub. H.B. 743 of the 118th General Assembly.	33511
Of the amounts received in Fund 023, appropriation item 855-401,	33512
William Green Lease Payments to OBA, up to $41,123,100 shall be	33513
restricted for lease rental payments to the Ohio Building	33514
Authority. If it is determined that additional appropriations are	33515
necessary for such purpose, such amounts are hereby appropriated.	33516

Notwithstanding any other provision of law to the contrary,	33517
all tenants of the William Green Building not funded by the	33518
Workers' Compensation Fund (Fund 023) shall pay their fair share	33519
of the costs of lease payments to the Workers' Compensation Fund	33520
(Fund 023) by intrastate transfer voucher.	33521

WORKERS' COMPENSATION FRAUD UNIT

33522

The Workers' Compensation Section Fund (Fund 195) shall	33523
receive payments from the Bureau of Workers' Compensation at the	33524
beginning of each quarter of each fiscal year to fund expenses of	33525
the Workers' Compensation Fraud Unit of the Attorney General's	33526
Office. Of the foregoing appropriation item 855-410, Attorney	33527
General Payments, $796,346 in fiscal year 2008 and $796,346 in	33528
fiscal year 2009 shall be used to provide these payments.	33529

SAFETY AND HYGIENE

33530

Notwithstanding section 4121.37 of the Revised Code, the	33531
Administrator of Workers' Compensation shall transfer moneys from	33532
the State Insurance Fund so that appropriation item 855-609,	33533
Safety and Hygiene Operating, is provided $20,734,750 in fiscal	33534
year 2008 and $20,734,750 in fiscal year 2009.	33535

OSHA ON-SITE CONSULTATION PROGRAM

33536

The Bureau of Workers' Compensation may designate a portion	33537
of appropriation item 855-609, Safety and Hygiene Operating, to be	33538
used to match federal funding for the federal Occupational Safety	33539
and Health Administration's (OSHA) on-site consultation program.	33540

VOCATIONAL REHABILITATION

33541

The Bureau of Workers' Compensation and the Rehabilitation	33542
Services Commission shall enter into an interagency agreement for	33543
the provision of vocational rehabilitation services and staff to	33544
mutually eligible clients. The bureau shall provide $605,407 in	33545
fiscal year 2008 and $605,407 in fiscal year 2009 from the State	33546
Insurance Fund to fund vocational rehabilitation services and	33547
staff in accordance with the interagency agreement.	33548

FUND BALANCE

33549

Any unencumbered cash balance in excess of $45,000,000 in the	33550
Workers' Compensation Fund (Fund 023) on the thirtieth day of June	33551
of each fiscal year shall be used to reduce the administrative	33552
cost rate charged to employers to cover appropriations for Bureau	33553
of Workers' Compensation operations.	33554

HOLDING ACCOUNT

33555

On July 1, 2007, or as soon as possible thereafter, the	33556
Director of Budget and Management shall transfer the remaining	33557
cash balance in the Camera Center Fund (Fund R46) to the	33558
Administrative Fund (Fund 023). After the transfer, the Camera	33559
Center Fund is abolished.	33560

Sec. 512.70. The Administrator of Workers' Compensation	33561
shall completely transition from use of the Micro Insurance	33562
Reserve Analysis System to a different system or different version	33563
of that system to determine the reserves for use in establishing	33564
premium rates assessed for the purposes of Chapter 4121., 4123.,	33565
4127., or 4131. of the Revised Code on or before ~~June 30~~July 1,	33566
2008. A contract between the Administrator and a vendor for the	33567
System in existence on the effective date of this section shall	33568
expire in accordance with the terms of the contract, and the	33569
Administrator may renew or extend that contract only for a period	33570
of time that does not extend past June 30, 2008.	33571

The Administrator shall transition to a reserve analysis	33572
system that is characterized as transparent in nature and for that	33573
purpose of transparency, satisfies both of the following criteria:	33574

(A) The manner in which the system uses data can be	33575
understood in general terms by employers who are subject to	33576
Chapters 4121., 4123., 4127., and 4131. of the Revised Code and	33577
other persons interested in use of the system;	33578

(B) The type of data the system uses in making reserve	33579
analysis can be explained to employers who are subject to Chapters	33580
4121., 4123., 4127., and 4131. of the Revised Code and other	33581
persons interested in use of the system.	33582

The Administrator shall communicate information describing	33583
the manner in which the new reserve analysis system uses data and	33584
the type of data the system uses in making reserve analysis to	33585
employers who are subject to Chapters 4121., 4123., 4127., and	33586
4131. of the Revised Code and to any other persons who request	33587
such information.	33588

Section 610.31. That existing Sections 201.10 and 512.70 of	33589
Am. Sub. H.B. 100 of the 127th General Assembly are hereby	33590
repealed.	33591

Section 610.40. That Sections 207.20.50, 207.20.70,	33592
207.30.10, 207.30.20, 207.30.30, 219.10, 235.10, 261.10, 263.10,	33593
263.20.10, 263.20,80, 263.30.10, 269.30.30, 269.30.70, 269.40.50,	33594
269.50.30, 275.10, 293.10, 299.10, 307.10, 309.10, 309.30.13,	33595
309.30.30, 309.30.40, 309.30.41, 309.30.42, 309.40.33, 337.30,	33596
337.30.43, 337.40, 337.40.15, 369.10, 375.10, 379.10, 393.10,	33597
405.10, 407.10, 512.03, 512.35, and 518.03 of Am. Sub. H.B. 119	33598
of the 127th General Assembly be amended to read as follows:	33599

Sec. 207.20.50. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

33600

Effective with the implementation of the Multi-Agency Radio	33601
Communications System, the ~~State Chief Information Officer~~	33602
Department of Administrative Services shall collect user fees	33603
from participants in the system. ~~The~~Under the direction of the	33604
Director of Administrative Services, the State Chief Information	33605
Officer, with the advice of the Multi-Agency Radio Communications	33606
System Steering Committee and the Director of Budget and	33607
Management, shall determine the amount of the fees and the manner	33608
by which the fees shall be collected. Such user charges shall	33609
comply with the applicable cost principles issued by the federal	33610
Office of Management and Budget. All moneys from user charges and	33611
fees shall be deposited in the state treasury to the credit of	33612
the Multi-Agency Radio Communications System Administration Fund	33613
(Fund 5C2), which is hereby established in the state treasury.	33614
All interest income derived from the investment of the fund shall	33615
accrue to the fund.	33616

Sec. 207.20.70. OAKS SUPPORT ORGANIZATION

33617

The foregoing appropriation item 100-635, OAKS Support	33618
Organization, shall be used by the ~~Office of Information~~	33619
~~Technology~~Department of Administrative Services to support the	33620
operating costs associated with the implementation and	33621
maintenance of the state's enterprise resource planning system,	33622
OAKS, consistent with its responsibilities under this section and	33623
Chapters 125. and 126. of the Revised Code. The OAKS Support	33624
Organization shall operate and maintain the human capital	33625
management and financial management modules of the state's	33626
enterprise resource planning system to support statewide human	33627
resources and financial management activities administered by the	33628
Department of Administrative Services' human resources division	33629
and the Office of Budget and Management. The OAKS Support	33630
Organization shall recover the costs to establish, operate, and	33631
maintain the OAKS system through intrastate transfer voucher	33632
billings to the Department of Administrative Services and the	33633
Office of Budget and Management. Effective July 1, 2007, the	33634
Department of Administrative Services, with the approval of the	33635
Director of Budget and Management, shall include the recovery of	33636
the costs of administering the human capital management module of	33637
the OAKS System within the human resources services payroll rate.	33638
These revenues shall be deposited to the credit of the Human	33639
Resources Services Fund (Fund 125). Amounts deposited under this	33640
section are hereby appropriated to appropriation item 100-622,	33641
Human Resources Division-Operating. Not less than quarterly, the	33642
Department of Administrative Services shall process the intrastate	33643
transfer billings to transfer cash from the Human Resources	33644
Services Fund (Fund 125) to the OAKS Support Organization Fund	33645
(Fund 5EB) to pay for the OAKS Support Organization costs.	33646

Sec. 207.30.10. CENTRALIZED GATEWAY ENHANCEMENTS FUND

33647

(A) As used in this section, "Ohio Business Gateway" refers	33648
to the internet-based system operated by the ~~Office of Information~~	33649
~~Technology~~Department of Administrative Services with the advice	33650
of the Ohio Business Gateway Steering Committee established under	33651
section 5703.57 of the Revised Code. The Ohio Business Gateway is	33652
established to provide businesses a central web site where	33653
various filings and payments are submitted on-line to government.	33654
The information is then distributed to the various government	33655
entities that interact with the business community.	33656

(B) As used in this section:

33657

(1) "State Portal" refers to the official web site of the	33658
state, operated by the ~~Office of Information Technology~~Department	33659
of Administrative Services.	33660

(2) "Shared Hosting Environment" refers to the computerized	33661
system operated by the ~~Office of Information Technology~~Department	33662
of Administrative Services for the purpose of providing	33663
capability for state agencies to host web sites.	33664

(C) There is hereby created in the state treasury the	33665
Centralized Gateway Enhancements Fund (Fund 5X3). The foregoing	33666
appropriation item 100-634, Centralized Gateway Enhancements,	33667
shall be used by the ~~Office of Information Technology~~Department	33668
of Administrative Services to pay the costs of enhancing,	33669
expanding, and operating the infrastructure of the Ohio Business	33670
Gateway, State Portal, and Shared Hosting Environment. ~~The~~Under	33671
the direction of the Director of Administrative Services, the	33672
State Chief Information Officer shall submit periodic spending	33673
plans to the Director of Budget and Management to justify	33674
operating transfers to the fund from the General Revenue Fund.	33675
Upon approval, the Director of Budget and Management shall	33676
transfer approved amounts to the fund, not to exceed the amount	33677
of the annual appropriation in each fiscal year. The spending	33678
plans may be based on the recommendations of the Ohio Business	33679
Gateway Steering Committee or its successor.	33680

Sec. 207.30.20. MAJOR IT PURCHASES AND CONTRACTS

33681

The Director of Administrative Services shall, on the	33682
effective date of this amendment, replace the Director and Chief	33683
Information Officer of the Office of Information Technology in all	33684
contracts executed pursuant to section 125.18 of the Revised Code	33685
and in matters relating to those contracts. Contracts entered into	33686
prior to the effective date of this amendment shall remain in full	33687
force and effect.	33688

Under the direction of the Director of Administrative	33689
Services, the State Chief Information Officer shall compute the	33690
amount of revenue attributable to the amortization of all	33691
equipment purchases and capitalized systems from appropriation	33692
item 100-607, IT ~~Service~~Services Delivery; appropriation item	33693
100-617, Major IT Purchases; and appropriation item CAP-837, Major	33694
IT Purchases, which is recovered by the Office of Information	33695
Technology as part of the rates charged by the IT Service	33696
Delivery Fund (Fund 133) created in section 125.15 of the Revised	33697
Code. The Director of Budget and Management may transfer cash in	33698
an amount not to exceed the amount of amortization computed from	33699
the IT Service Delivery Fund (Fund 133) to the Major IT Purchases	33700
Fund (Fund 4N6).	33701

On or before June 30, 2008, any unencumbered amounts of the	33702
foregoing appropriation item 100-607, IT Services Delivery, that	33703
are attributable to implementation of the NextGen Network for	33704
fiscal year 2008 are hereby appropriated for the same purpose for	33705
fiscal year 2009.	33706

Sec. 207.30.30. INFORMATION TECHNOLOGY ASSESSMENT

33707

~~The~~Under the direction of the Director of Administrative	33708
Services, the State Chief Information Officer, with the approval	33709
of the Director of Budget and Management, may establish an	33710
information technology assessment for the purpose of recovering	33711
the cost of selected infrastructure and statewide programs. Such	33712
assessment shall comply with applicable cost principles issued by	33713
the federal Office of Management and Budget. The information	33714
technology assessment shall be charged to all organized bodies,	33715
offices, or agencies established by the laws of the state for the	33716
exercise of any function of state government except for the	33717
General Assembly, any legislative agency, the Supreme Court, the	33718
other courts of record in Ohio, or any judicial agency, the	33719
Adjutant General, the Bureau of Workers' Compensation, and	33720
institutions administered by a board of trustees. Any	33721
state-entity exempted by this section may utilize the	33722
infrastructure or statewide program by participating in the	33723
information technology assessment. All charges for the	33724
information technology assessment shall be deposited to the	33725
credit of the IT Governance Fund (Fund 229).	33726

Sec. 219.10. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	33727
SERVICES	33728

General Revenue Fund	33729

GRF	038-321	Operating Expenses	$	1,071,861	$	1,071,861	33730
GRF	038-401	Treatment Services	$	38,661,063	$	41,661,063	33731
GRF	038-404	Prevention Services	$	1,052,127	$	1,552,127	33732
TOTAL GRF General Revenue Fund			$	40,785,051	$	44,285,051	33733

General Services Fund	33734

5T9	038-616		Problem Gambling Services		$	285,000		$	285,000		33735
TOTAL GSF General Services Fund Group					$	285,000		$	285,000		33736

Federal Special Revenue Fund Group	33737

3G3	038-603	Drug Free Schools	$	3,500,000	$	3,500,000	33738
3G4	038-614	Substance Abuse Block Grant	$	73,000,000	$	73,000,000	33739
3H8	038-609	Demonstration Grants	$	7,093,075	$	7,093,075	33740
3J8	038-610	Medicaid	$	46,000,000	$	46,000,000	33741
3N8	038-611	Administrative Reimbursement	$	500,000	$	500,000	33742
TOTAL FED Federal Special Revenue							33743
Fund Group			$	130,093,075	$	130,093,075	33744

State Special Revenue Fund Group	33745

475	038-621	Statewide Treatment and Prevention	$	18,000,000	$	18,000,000	33746
5BR	038-406	Tobacco Use Prevention and Control Program	$	205,000	$	205,000	33747
5DH	038-620	Fetal Alcohol Spectrum Disorder	$	327,500	$	327,500	33748
689	038-604	Education and Conferences	$	350,000	$	350,000	33749
TOTAL SSR State Special Revenue							33750
Fund Group			$	18,882,500	$	18,882,500	33751
TOTAL ALL BUDGET FUND GROUPS			$	190,045,626	$	193,545,626	33752

TREATMENT SERVICES

33753

Of the foregoing appropriation item 038-401, Treatment	33754
Services, not more than $8,190,000 shall be used by the Department	33755
of Alcohol and Drug Addiction Services for program grants for	33756
priority populations in each year of the biennium.	33757

SUBSTANCE ABUSE SERVICES FOR FAMILIES OF AT RISK CHILDREN

33758

Of the foregoing appropriation item 038-401, Treatment	33759
Services, $4 million in each fiscal year shall be used to provide	33760
substance abuse services to families involved in the child welfare	33761
system under the requirements of Am. Sub. H.B. 484 of the 122nd	33762
General Assembly.	33763

THERAPEUTIC COMMUNITIES

33764

Of the foregoing appropriation item 038-401, Treatment	33765
Services, $750,000 shall be used in each fiscal year for the	33766
Therapeutic Communities Program in the Department of	33767
Rehabilitation and Correction.	33768

JUVENILE AFTERCARE PROGRAM

33769

Of the foregoing appropriation item 038-401, Treatment	33770
Services, $2,500,000 shall be used in fiscal year 2009 for the	33771
Juvenile Aftercare Program to provide community-based alcohol and	33772
other drug treatment to parolees from the Department of Youth	33773
Services.	33774

SERVICES FOR TANF ELIGIBLE INDIVIDUALS

33775

Of the foregoing appropriation item 038-401, Treatment	33776
Services, $5 million in each fiscal year shall be used for	33777
TANF-eligible expenses for substance abuse prevention and	33778
treatment services to children or their families whose income is	33779
at or below 200 per cent of the federal poverty level.	33780

INTERNAL REVIEW

33781

The Director of Alcohol and Drug Addiction Services shall	33782
consult with the Director of Budget and Management and	33783
representatives of local and county alcohol and drug addiction	33784
services agencies to conduct an internal review of policies and	33785
procedures to increase efficiency and identify and eliminate	33786
duplicative practices. Any savings identified as a result of the	33787
internal review shall be used for community-based care.	33788

The Director of Alcohol and Drug Addiction Services shall	33789
seek Controlling Board approval before expending any funds	33790
identified as a result of the internal review.	33791

Sec. 235.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

33792

General Revenue Fund	33793

GRF	874-100	Personal Services	$	2,057,000	$	~~2,057,000~~ 2,201,612	33794
GRF	874-320	Maintenance and Equipment	$	1,085,837	$	1,080,837	33795
TOTAL GRF General Revenue Fund			$	3,142,837	$	~~3,137,837~~ 3,282,449	33796

General Services Fund Group	33797

4G5	874-603	Capitol Square Education Center and Arts	$	15,000	$	15,000	33798
4S7	874-602	Statehouse Gift Shop/Events	$	650,484	$	650,484	33799
TOTAL GSF General Services							33800
Fund Group			$	665,484	$	665,484	33801

Underground Parking Garage	33802

208	874-601	Underground Parking Garage Operations	$	~~2,706,993~~ 2,754,993	$	~~2,706,993~~ 2,754,993	33803
TOTAL UPG Underground Parking							33804
Garage			$	~~2,706,993~~ 2,754,993	$	~~2,706,993~~ 2,754,993	33805
TOTAL ALL BUDGET FUND GROUPS			$	~~6,515,314~~ 6,563,314	$	~~6,510,314~~ 6,702,926	33806

WAREHOUSE PAYMENTS

33807

Of the foregoing appropriation item 874-601, Underground	33808
Parking Garage Operations, $48,000 in each fiscal year shall be	33809
used to meet all payments at the times they are required to be	33810
made during the period from July 1, 2007, to June 30, 2009, by	33811
the Capitol Square Review and Advisory Board to the Ohio Building	33812
Authority for bond service charges relating to the purchase and	33813
improvement of a warehouse in which to store items of the Capitol	33814
Collection Trust and, whenever necessary, equipment or other	33815
property of the Board.	33816

Sec. 261.10. BDP BOARD OF DEPOSIT

33817

General Services Fund Group	33818

4M2	974-601	Board of Deposit	$	1,676,000	$	1,676,000	33819
TOTAL GSF General Services Fund							33820
Group			$	1,676,000	$	1,676,000	33821
TOTAL ALL BUDGET FUND GROUPS			$	1,676,000	$	1,676,000	33822

BOARD OF DEPOSIT EXPENSE FUND

33823

Upon receiving certification of expenses from the Treasurer	33824
of State, the Director of Budget and Management shall transfer	33825
cash from the Investment Earnings Redistribution Fund (Fund 608)	33826
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	33827
shall be used pursuant to section 135.02 of the Revised Code to	33828
pay for any and all necessary expenses of the Board of Deposit or	33829
for banking charges and fees required for the operation of the	33830
State of Ohio Regular Account.	33831

Sec. 263.10. DEV DEPARTMENT OF DEVELOPMENT

33832

General Revenue Fund	33833

GRF	195-401	Thomas Edison Program	$	19,404,838	$	17,978,483	33834
GRF	195-404	Small Business Development	$	1,740,722	$	1,792,944	33835
GRF	195-405	Minority Business Development Division	$	1,580,291	$	1,627,700	33836
GRF	195-407	Travel and Tourism	$	1,800,000	$	1,800,000	33837
GRF	195-410	Defense Conversion Assistance	$	5,000,000	$	0	33838
GRF	195-412	Rapid Outreach Grants	$	10,750,000	$	10,000,000	33839
GRF	195-415	Economic Development Division and Regional Offices	$	5,894,975	$	6,071,824	33840
GRF	195-416	Governor's Office of Appalachia	$	4,746,043	$	4,746,043	33841
GRF	195-422	Third Frontier Action Fund	$	18,790,000	$	16,790,000	33842
GRF	195-426	Clean Ohio Implementation	$	300,000	$	309,000	33843
GRF	195-432	International Trade	$	4,650,501	$	4,650,501	33844
GRF	195-434	Investment in Training Grants	$	12,227,500	$	12,594,325	33845
GRF	195-436	Labor/Management Cooperation	$	836,225	$	836,225	33846
GRF	195-497	CDBG Operating Match	$	1,072,184	$	1,072,184	33847
GRF	195-498	State Match Energy	$	96,820	$	96,820	33848
GRF	195-501	Appalachian Local Development Districts	$	391,482	$	391,482	33849
GRF	195-502	Appalachian Regional Commission Dues	$	254,208	$	254,208	33850
GRF	195-507	Travel and Tourism Grants	$	1,130,000	$	~~1,115,000~~ 1,165,000	33851
GRF	195-516	Shovel Ready Sites	$	1,000,000	$	1,000,000	33852
GRF	195-520	Ohio Main Street Program	$	750,000	$	250,000	33853
GRF	195-521	Discover Ohio!	$	7,182,845	$	8,182,845	33854
GRF	195-905	Third Frontier Research & Development General Obligation Debt Service	$	14,349,500	$	24,523,400	33855
GRF	195-912	Job Ready Site Development General Obligation Debt Service	$	4,359,400	$	8,232,500	33856
TOTAL GRF General Revenue Fund			$	118,307,534	$	~~124,315,484~~ 124,365,484	33857

General Services Fund Group	33858

135	195-684	Supportive Services	$	11,699,404	$	11,321,444	33859
5AD	195-667	Investment in Training Expansion	$	2,000,000	$	0	33860
5AD	195-668	Workforce Guarantee Program	$	1,000,000	$	0	33861
5AD	195-677	Economic Development Contingency	$	5,000,000	$	24,400,000	33862
5W5	195-690	Travel and Tourism Cooperative Projects	$	350,000	$	350,000	33863
5W6	195-691	International Trade Cooperative Projects	$	300,000	$	300,000	33864
685	195-636	Direct Cost Recovery Expenditures	$	800,000	$	800,000	33865
TOTAL GSF General Services Fund							33866
Group			$	21,149,404	$	37,171,444	33867

Federal Special Revenue Fund Group	33868

3AE	195-643	Workforce Development Initiatives	$	5,839,900	$	5,860,000	33869
3BJ	195-685	TANF Heating Assistance	$	45,000,000	$	15,000,000	33870
3K8	195-613	Community Development Block Grant	$	65,000,000	$	65,000,000	33871
3K9	195-611	Home Energy Assistance Block Grant	$	110,000,000	$	110,000,000	33872
3K9	195-614	HEAP Weatherization	$	22,000,000	$	22,000,000	33873
3L0	195-612	Community Services Block Grant	$	25,235,000	$	25,235,000	33874
3V1	195-601	HOME Program	$	40,000,000	$	40,000,000	33875
308	195-602	Appalachian Regional Commission	$	475,000	$	475,000	33876
308	195-603	Housing and Urban Development	$	6,000,000	$	6,000,000	33877
308	195-605	Federal Projects	$	27,000,000	$	27,000,000	33878
308	195-609	Small Business Administration	$	4,296,381	$	4,396,381	33879
308	195-618	Energy Federal Grants	$	3,400,000	$	3,400,000	33880
335	195-610	Energy Conservation and Emerging Technology	$	2,200,000	$	2,200,000	33881
TOTAL FED Federal Special Revenue							33882
Fund Group			$	356,446,281	$	326,566,381	33883

State Special Revenue Fund Group	33884

4F2	195-639	State Special Projects	$	518,393	$	518,393	33885
4F2	195-676	Marketing Initiatives	$	5,000,000	$	1,000,000	33886
4S0	195-630	Tax Incentive Programs	$	650,800	$	650,800	33887
4W1	195-646	Minority Business Enterprise Loan	$	2,580,597	$	2,580,597	33888
444	195-607	Water and Sewer Commission Loans	$	523,775	$	523,775	33889
450	195-624	Minority Business Bonding Program Administration	$	53,967	$	53,967	33890
451	195-625	Economic Development Financing Operating	$	3,233,311	$	3,233,311	33891
5AR	195-674	Industrial Site Improvements	$	4,500,000	$	4,500,000	33892
5CG	195-679	Alternative Fuel Transportation	$	1,500,000	$	1,000,000	33893
5DU	195-689	Energy Projects	$	840,000	$	840,000	33894
5M4	195-659	Low Income Energy Assistance	$	245,000,000	$	245,000,000	33895
5M5	195-660	Advanced Energy Programs	$	17,000,000	$	17,000,000	33896
5X1	195-651	Exempt Facility Inspection	$	25,000	$	25,000	33897
611	195-631	Water and Sewer Administration	$	15,713	$	15,713	33898
617	195-654	Volume Cap Administration	$	200,000	$	200,000	33899
646	195-638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	33900
TOTAL SSR State Special Revenue							33901
Fund Group			$	334,641,556	$	330,141,556	33902

Facilities Establishment Fund Group	33903

009	195-664	Innovation Ohio	$	50,000,000	$	50,000,000	33904
010	195-665	Research and Development	$	50,000,000	$	50,000,000	33905
037	195-615	Facilities Establishment	$	110,000,000	$	110,000,000	33906
4Z6	195-647	Rural Industrial Park Loan	$	3,000,000	$	3,000,000	33907
5D2	195-650	Urban Redevelopment Loans	$	5,475,000	$	5,475,000	33908
5S8	195-627	Rural Development Initiative	$	3,000,000	$	3,000,000	33909
5S9	195-628	Capital Access Loan Program	$	3,000,000	$	3,000,000	33910
TOTAL 037 Facilities							33911
Establishment Fund Group			$	224,475,000	$	224,475,000	33912

Clean Ohio Revitalization Fund	33913

003	195-663		Clean Ohio Operating		$	625,000		$	550,000		33914
TOTAL 003 Clean Ohio Revitalization Fund					$	625,000		$	550,000		33915

Third Frontier Research & Development Fund Group	33916

011	195-686	Third Frontier Operating	$	1,932,056	$	1,932,056	33917
011	195-687	Third Frontier Research & Development Projects	$	94,000,000	$	72,000,000	33918
014	195-692	Research & Development Taxable Bond Projects	$	28,000,000	$	28,000,000	33919
TOTAL 011 Third Frontier Research & Development Fund Group			$	123,932,056	$	101,932,056	33920

Job Ready Site Development Fund Group	33921

012	195-688		Job Ready Site Operating		$	1,246,155		$	1,246,155		33922
TOTAL 012 Job Ready Site Development Fund Group					$	1,246,155		$	1,246,155		33923

TOTAL ALL BUDGET FUND GROUPS

1,180,822,986

~~1,146,398,076~~ 1,146,448,076

33924

Sec. 263.20.10. TRAVEL AND TOURISM GRANTS

33926

The foregoing appropriation item 195-507, Travel and Tourism	33927
Grants, shall be used to provide grants to local organizations to	33928
support various local travel and tourism events in Ohio.	33929

Of the foregoing appropriation item 195-507, Travel and	33930
Tourism Grants, $50,000 in each fiscal year shall be used for the	33931
Cleveland Film Bureau.	33932

Of the foregoing appropriation item 195-507, Travel and	33933
Tourism Grants, $50,000 in each fiscal year shall be used for the	33934
Cincinnati Film Bureau.	33935

Of the foregoing appropriation item 195-507, Travel and	33936
Tourism Grants, $500,000 in each fiscal year shall be used for	33937
grants to The International Center for the Preservation of Wild	33938
Animals.	33939

Of the foregoing appropriation item 195-507, Travel and	33940
Tourism Grants, $50,000 in each fiscal year shall be used for the	33941
Greater Cleveland Sports Commission.	33942

Of the foregoing appropriation item 195-507, Travel and	33943
Tourism Grants, $50,000 in each fiscal year shall be used for the	33944
Greater Columbus Sports Commission.	33945

Of the foregoing appropriation item 195-507, Travel and	33946
Tourism Grants, $50,000 in each fiscal year ~~2008~~ shall be used for	33947
the Ohio Alliance of Science Centers.	33948

Of the foregoing appropriation item 195-507, Travel and	33949
Tourism Grants, $100,000 in each fiscal year shall be used for the	33950
Harbor Heritage Society/Great Lakes Science Center in support of	33951
operations of the Steamship William G. Mather Maritime Museum, and	33952
$100,000 in each fiscal year shall be used for the Great Lakes	33953
Historical Society.	33954

Of the foregoing appropriation item 195-507, Travel and	33955
Tourism Grants, $35,000 in fiscal year 2009 shall be used for the	33956
Ohio Junior Angus Association to assist with costs associated with	33957
hosting the Eastern Regional Junior Angus Show in June 2009.	33958

Of the foregoing appropriation item 195-507, Travel and	33959
Tourism Grants, $60,000 in each fiscal year shall be used for the	33960
Ohio River Trails program.	33961

Of the foregoing appropriation item 195-507, Travel and	33962
Tourism Grants, $60,000 in each fiscal year shall be used to	33963
support the outdoor drama "Tecumseh!"	33964

Of the foregoing appropriation item 195-507, Travel and	33965
Tourism Grants, $25,000 in each fiscal year shall be used for	33966
Ohio's Appalachian Country.	33967

Of the foregoing appropriation item 195-507, Travel and	33968
Tourism Grants, $25,000 in each fiscal year shall be used for the	33969
Garst Museum.	33970

Of the foregoing appropriation item 195-507, Travel and	33971
Tourism Grants, $10,000 in each fiscal year shall be used for the	33972
Pro Football Hall of Fame Festival.	33973

Sec. 263.20.80. FACILITIES ESTABLISHMENT FUND

33974

The foregoing appropriation item 195-615, Facilities	33975
Establishment (Fund 037), shall be used for the purposes of the	33976
Facilities Establishment Fund under Chapter 166. of the Revised	33977
Code.	33978

Notwithstanding Chapter 166. of the Revised Code, an amount	33979
not to exceed $1,800,000 in cash each fiscal year may be	33980
transferred from the Facilities Establishment Fund (Fund 037) to	33981
the Economic Development Financing Operating Fund (Fund 451). The	33982
transfer is subject to Controlling Board approval under division	33983
(B) of section 166.03 of the Revised Code.	33984

Notwithstanding Chapter 166. of the Revised Code, an amount	33985
not to exceed $5,475,000 in cash each fiscal year may be	33986
transferred during the biennium from the Facilities Establishment	33987
Fund (Fund 037) to the Urban Redevelopment Loans Fund (Fund 5D2)	33988
for the purpose of removing barriers to urban core redevelopment.	33989
The Director of Development shall develop program guidelines for	33990
the transfer and release of funds, including, but not limited to,	33991
the completion of all appropriate environmental assessments before	33992
state assistance is committed to a project. The transfers shall be	33993
subject to approval by the Controlling Board upon the submission	33994
of a request by the Department of Development.	33995

Notwithstanding Chapter 166. of the Revised Code, an amount	33996
not to exceed $3,000,000 in cash each fiscal year may be	33997
transferred from the Facilities Establishment Fund (Fund 037) to	33998
the Rural Industrial Park Loan Fund (Fund 4Z6). The transfer is	33999
subject to Controlling Board approval under section 166.03 of the	34000
Revised Code.	34001

Notwithstanding Chapter 166. of the Revised Code, of the	34002
foregoing appropriation item 195-615, Facilities Establishment,	34003
$1,500,000 in fiscal year 2008 shall be used for business	34004
development by any current or future port authority located in	34005
Clark County.	34006

Notwithstanding Chapter 166. of the Revised Code, on July 1,	34007
2007, or as soon as possible thereafter, the Director of Budget	34008
and Management, at the request of the Director of Development,	34009
shall transfer $5,719,325 cash from the Facilities Establishment	34010
Fund (Fund 037) to the General Revenue Fund. Of the amount to be	34011
transferred, $5,352,500 in fiscal year 2008 is hereby appropriated	34012
in appropriation item 195-412, Rapid Outreach Grants, and $366,825	34013
in fiscal year 2008 is hereby appropriated in appropriation item	34014
195-434, Investment in Training Grants.	34015

Notwithstanding Chapter 166. of the Revised Code, on July 1,	34016
2008, or as soon as possible thereafter, the Director of Budget	34017
and Management may transfer up to $2,000,000 cash from the	34018
Facilities Establishment Fund (Fund 037) to the Workforce	34019
Development Initiatives Fund (Fund 3AE).	34020

Notwithstanding Chapter 166. of the Revised Code, on July 1,	34021
2008, or as soon as possible thereafter, the Director of Budget	34022
and Management, at the request of the Director of Development,	34023
shall transfer $6,102,500 cash from the Facilities Establishment	34024
Fund (Fund 037) to the General Revenue Fund. The amount	34025
transferred is hereby appropriated in appropriation item 195-412,	34026
Rapid Outreach Grants, for fiscal year 2009.	34027

Notwithstanding Chapter 166. of the Revised Code, on the	34028
first day of July of each year of the biennium, or as soon as	34029
possible thereafter, the Director of Budget and Management, at the	34030
request of the Director of Development, shall transfer $4,275,000	34031
cash from the Facilities Establishment Fund (Fund 037) to the Job	34032
Development Initiatives Fund (Fund 5AD). The amount transferred is	34033
hereby appropriated in each fiscal year in appropriation item	34034
195-677, Economic Development Contingency.	34035

Notwithstanding Chapter 166. of the Revised Code, of the	34036
foregoing appropriation item 195-615, Facilities Establishment,	34037
$1,500,000 in fiscal year 2008 shall be used for the City of	34038
Toledo's Marina District Development project. Disbursement of	34039
funds for this purpose shall not take precedence over any existing	34040
obligations from the Facilities Establishment Fund or any other	34041
provision in this section.	34042

ALTERNATIVE FUEL TRANSPORTATION GRANT FUND

34043

Notwithstanding Chapter 166. of the Revised Code, an amount	34044
not to exceed $1,000,000 in cash each fiscal year shall be	34045
transferred from moneys in the Facilities Establishment Fund (Fund	34046
037) to the Alternative Fuel Transportation Grant Fund (Fund 5CG)	34047
in the Department of Development.	34048

RURAL DEVELOPMENT INITIATIVE FUND

34049

(A)(1) The Rural Development Initiative Fund (Fund 5S8) is	34050
entitled to receive moneys from the Facilities Establishment Fund	34051
(Fund 037). The Director of Development may make grants from the	34052
Rural Development Initiative Fund as specified in division (A)(2)	34053
of this section to eligible applicants in Appalachian counties and	34054
in rural counties in the state that are designated as distressed	34055
under section 122.25 of the Revised Code. Preference shall be	34056
given to eligible applicants located in Appalachian counties	34057
designated as distressed by the federal Appalachian Regional	34058
Commission. The Rural Development Initiative Fund (Fund 5S8) shall	34059
cease to exist after June 30, 2009. All moneys remaining in the	34060
Fund after that date shall revert to the Facilities Establishment	34061
Fund (Fund 037).	34062

(2) The Director of Development shall make grants from the	34063
Rural Development Initiative Fund (Fund 5S8) only to eligible	34064
applicants who also qualify for and receive funding under the	34065
Rural Industrial Park Loan Program as specified in sections 122.23	34066
to 122.27 of the Revised Code. Eligible applicants shall use the	34067
grants for the purposes specified in section 122.24 of the Revised	34068
Code. All projects supported by grants from the fund are subject	34069
to Chapter 4115. of the Revised Code as specified in division (E)	34070
of section 166.02 of the Revised Code. The Director shall develop	34071
program guidelines for the transfer and release of funds. The	34072
release of grant moneys to an eligible applicant is subject to	34073
Controlling Board approval.	34074

(B) Notwithstanding Chapter 166. of the Revised Code, the	34075
Director of Budget and Management may transfer an amount not to	34076
exceed $3,000,000 in cash each fiscal year on an as-needed basis	34077
at the request of the Director of Development from the Facilities	34078
Establishment Fund (Fund 037) to the Rural Development Initiative	34079
Fund (Fund 5S8). The transfer is subject to Controlling Board	34080
approval under section 166.03 of the Revised Code.	34081

CAPITAL ACCESS LOAN PROGRAM

34082

The foregoing appropriation item 195-628, Capital Access Loan	34083
Program, shall be used for operating, program, and administrative	34084
expenses of the program. Funds of the Capital Access Loan Program	34085
shall be used to assist participating financial institutions in	34086
making program loans to eligible businesses that face barriers in	34087
accessing working capital and obtaining fixed-asset financing.	34088

Notwithstanding Chapter 166. of the Revised Code, the	34089
Director of Budget and Management may transfer an amount not to	34090
exceed $3,000,000 in cash each fiscal year on an as-needed basis	34091
at the request of the Director of Development from the Facilities	34092
Establishment Fund (Fund 037) to the Capital Access Loan Program	34093
Fund (Fund 5S9). The transfer is subject to Controlling Board	34094
approval under section 166.03 of the Revised Code.	34095

Sec. 263.30.10. UNCLAIMED FUNDS TRANSFER

34096

(A) Notwithstanding division (A) of section 169.05 of the	34097
Revised Code, upon the request of the Director of Budget and	34098
Management, the Director of Commerce, prior to June 30, 2008,	34099
shall transfer to the Job Development Initiatives Fund (Fund 5AD)	34100
an amount not to exceed $5,000,000 in cash of the unclaimed funds	34101
that have been reported by the holders of unclaimed funds under	34102
section 169.05 of the Revised Code, regardless of the allocation	34103
of the unclaimed funds described under that section.	34104

Notwithstanding division (A) of section 169.05 of the Revised	34105
Code, upon the request of the Director of Budget and Management,	34106
the Director of Commerce, prior to June 30, 2009, shall transfer	34107
to the Job Development Initiatives Fund (Fund 5AD) an amount not	34108
to exceed $24,400,000 in cash of the unclaimed funds that have	34109
been reported by the holders of unclaimed funds under section	34110
169.05 of the Revised Code, regardless of the allocation of the	34111
unclaimed funds described under that section.	34112

(B) Notwithstanding division (A) of section 169.05 of the	34113
Revised Code, upon the request of the Director of Budget and	34114
Management, the Director of Commerce, prior to June 30, 2008,	34115
shall transfer to the State Special Projects Fund (Fund 4F2) an	34116
amount not to exceed ~~$2,500,000~~$5,000,000 of the unclaimed funds	34117
that have been reported by the holders of unclaimed funds under	34118
section 169.05 of the Revised Code, regardless of the allocation	34119
of the unclaimed funds described under that section.	34120

Notwithstanding division (A) of section 169.05 of the Revised	34121
Code, upon the request of the Director of Budget and Management,	34122
the Director of Commerce, prior to June 30, 2009, shall transfer	34123
to the State Special Projects Fund (Fund 4F2) an amount not to	34124
exceed ~~$2,500,000~~$1,000,000 in cash of the unclaimed funds that	34125
have been reported by the holders of unclaimed funds under	34126
section 169.05 of the Revised Code, regardless of the allocation	34127
of the unclaimed funds described under that section.	34128

Sec. 269.30.30. GIFTED PUPIL PROGRAM

34129

The foregoing appropriation item 200-521, Gifted Pupil	34130
Program, shall be used for gifted education units not to exceed	34131
1,110 in each fiscal year under division (L) of section 3317.024	34132
and division (F) of section 3317.05 of the Revised Code.	34133

Of the foregoing appropriation item 200-521, Gifted Pupil	34134
Program, up to $4,747,000 in fiscal year 2008 and up to $4,794,470	34135
in fiscal year 2009 may be used as an additional supplement for	34136
identifying gifted students under Chapter 3324. of the Revised	34137
Code.	34138

Of the foregoing appropriation item 200-521, Gifted Pupil	34139
Program, the Department of Education may expend up to $1,015,858	34140
in fiscal year 2008 and up to $1,026,017 in fiscal year 2009 for	34141
the Summer Honors Institute, including funding for the Martin	34142
Essex Program, which shall be awarded through a request for	34143
proposals process.	34144

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

34145

The foregoing appropriation item 200-532, Nonpublic	34146
Administrative Cost Reimbursement, shall be used by the Department	34147
of Education for the purpose of implementing section 3317.063 of	34148
the Revised Code. Notwithstanding the per pupil reimbursement	34149
limit of section 3317.063 of the Revised Code, the Department	34150
shall distribute any unspent and unencumbered funds remaining in	34151
each fiscal year after all other obligations of this appropriation	34152
have been met to chartered nonpublic schools in proportion to each	34153
school's share of the total reimbursement provided under section	34154
3317.063 of the Revised Code.	34155

Sec. 269.30.70. FOUNDATION FUNDING

34156

The foregoing appropriation item 200-550, Foundation Funding,	34157
includes $75,000,000 in each fiscal year for the state education	34158
aid offset due to the change in public utility valuation as a	34159
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	34160
General Assembly. This amount represents the total state education	34161
aid offset due to the valuation change for school districts and	34162
joint vocational school districts from all relevant appropriation	34163
line item sources. Upon certification by the Department of	34164
Education, in consultation with the Department of Taxation, to the	34165
Director of Budget and Management of the actual state aid offset,	34166
the cash transfer from Fund 053, appropriation item 200-900,	34167
School District Property Tax Replacement - Utility, shall be	34168
decreased or increased by the Director of Budget and Management to	34169
match the certification in accordance with section 5727.84 of the	34170
Revised Code.	34171

The foregoing appropriation item 200-550, Foundation Funding,	34172
includes $58,000,000 in fiscal year 2008 and $145,000,000 in	34173
fiscal year 2009 for the state education aid offset because of the	34174
changes in tangible personal property valuation as a result of Am.	34175
Sub. H.B. 66 of the 126th General Assembly. This amount represents	34176
the total state education aid offset because of the valuation	34177
change for school districts and joint vocational school districts	34178
from all relevant appropriation item sources. Upon certification	34179
by the Department of Education of the actual state education aid	34180
offset to the Director of Budget and Management, the cash transfer	34181
from Fund 047, appropriation item 200-909, School District	34182
Property Tax Replacement - Business, shall be decreased or	34183
increased by the Director of Budget and Management to match the	34184
certification in accordance with section 5751.21 of the Revised	34185
Code.	34186

Of the foregoing appropriation item 200-550, Foundation	34187
Funding, up to $425,000 shall be expended in each fiscal year for	34188
court payments under section ~~2151.357~~2151.362 of the Revised	34189
Code; an amount shall be available in each fiscal year to fund up	34190
to 225 full-time equivalent approved GRADS teacher grants under	34191
division (N) of section 3317.024 of the Revised Code; an amount	34192
shall be available in each fiscal year to make payments to school	34193
districts under division (A)(3) of section 3317.022 of the	34194
Revised Code; an amount shall be available in each fiscal year to	34195
make payments to school districts under division (F) of section	34196
3317.022 of the Revised Code; and up to $30,000,000 in each	34197
fiscal year shall be reserved for payments under sections	34198
3317.026, 3317.027, and 3317.028 of the Revised Code except that	34199
the Controlling Board may increase the $30,000,000 amount if	34200
presented with such a request from the Department of Education.	34201

Of the foregoing appropriation item 200-550, Foundation	34202
Funding, up to $19,770,000 in fiscal year 2008 and up to	34203
$20,545,200 in fiscal year 2009 shall be used to provide	34204
additional state aid to school districts for special education	34205
students under division (C)(3) of section 3317.022 of the Revised	34206
Code, except that the Controlling Board may increase these amounts	34207
if presented with such a request from the Department of Education	34208
at the final meeting of the fiscal year; up to $2,000,000 in each	34209
fiscal year shall be reserved for Youth Services tuition payments	34210
under section 3317.024 of the Revised Code; and up to $52,000,000	34211
in each fiscal year shall be reserved to fund the state	34212
reimbursement of educational service centers under section 3317.11	34213
of the Revised Code and the section of ~~this act~~Am. Sub. H.B. 119	34214
of the 127th General Assembly entitled "EDUCATIONAL SERVICE	34215
CENTERS FUNDING." An amount shall be available for special	34216
education weighted funding under division (C)(1) of section	34217
3317.022 and division (D)(1) of section 3317.16 of the Revised	34218
Code.	34219

Of the foregoing appropriation item 200-550, Foundation	34220
Funding, an amount shall be available in each fiscal year to be	34221
used by the Department of Education for transitional aid for	34222
school districts and joint vocational school districts. Funds	34223
shall be distributed under the sections of ~~this act~~Am. Sub. H.B.	34224
119 of the 127th General Assembly entitled "TRANSITIONAL AID FOR	34225
CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS" and	34226
"TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	34227

Of the foregoing appropriation item 200-550, Foundation	34228
Funding, up to $1,000,000 in each fiscal year shall be used by the	34229
Department of Education for a program to pay for educational	34230
services for youth who have been assigned by a juvenile court or	34231
other authorized agency to any of the facilities described in	34232
division (A) of the section of ~~this act~~Am. Sub. H.B. 119 of the	34233
127th General Assembly entitled "PRIVATE TREATMENT FACILITY	34234
PROJECT."	34235

Of the foregoing appropriation item 200-550, Foundation	34236
Funding, up to $3,700,000 in each fiscal year shall be used for	34237
school breakfast programs. Of this amount, up to $900,000 shall be	34238
used in each fiscal year by the Department of Education to	34239
contract with the Children's Hunger Alliance to expand access to	34240
child nutrition programs consistent with the organization's	34241
continued ability to meet specified performance measures as	34242
detailed in the contract. Of this amount, the Children's Hunger	34243
Alliance shall use at least $150,000 in each fiscal year to	34244
subcontract with an appropriate organization or organizations to	34245
expand summer food participation in underserved areas of the	34246
state, consistent with those organizations' continued ability to	34247
meet specified performance measures as detailed in the	34248
subcontracts. The remainder of the appropriation shall be used to	34249
partially reimburse school buildings within school districts that	34250
are required to have a school breakfast program under section	34251
3313.813 of the Revised Code, at a rate decided by the Department.	34252

Of the foregoing appropriation item 200-550, Foundation	34253
Funding, up to $8,686,000 in fiscal year 2008 and up to $8,722,860	34254
in fiscal year 2009 shall be used to operate the school choice	34255
program in the Cleveland Municipal School District under sections	34256
3313.974 to 3313.979 of the Revised Code.	34257

Of the portion of the funds distributed to the Cleveland	34258
Municipal School District under this section, up to $11,901,887 in	34259
each fiscal year shall be used to operate the school choice	34260
program in the Cleveland Municipal School District under sections	34261
3313.974 to 3313.979 of the Revised Code.	34262

Of the foregoing appropriation item 200-550, Foundation	34263
Funding, $3,312,165 in each fiscal year shall be used in	34264
conjunction with funding appropriated under appropriation item	34265
200-431, School Improvement Initiatives, to help support districts	34266
in the development and implementation of their continuous	34267
improvements plans and provide technical assistance and support in	34268
accordance with Title I of the "No Child Left Behind Act of 2001."	34269

The remaining portion of appropriation item 200-550,	34270
Foundation Funding, shall be expended for the public schools of	34271
city, local, exempted village, and joint vocational school	34272
districts, including base-cost funding, special education speech	34273
service enhancement funding, career-technical education weight	34274
funding, career-technical education associated service funding,	34275
teacher training and experience funding, charge-off supplement,	34276
and excess cost supplement under sections 3317.022, 3317.023,	34277
3317.0216, and 3317.16 of the Revised Code.	34278

Appropriation items 200-502, Pupil Transportation, 200-521,	34279
Gifted Pupil Program, 200-540, Special Education Enhancements, and	34280
200-550, Foundation Funding, other than specific set-asides, are	34281
collectively used in each fiscal year to pay state formula aid	34282
obligations for school districts and joint vocational school	34283
districts under Chapter 3317. of the Revised Code. The first	34284
priority of these appropriation items, with the exception of	34285
specific set-asides, is to fund state formula aid obligations	34286
under Chapter 3317. of the Revised Code. It may be necessary to	34287
reallocate funds among these appropriation items or use excess	34288
funds from other general revenue fund appropriation items in the	34289
Department of Education's budget in each fiscal year, in order to	34290
meet state formula aid obligations. If it is determined that it is	34291
necessary to transfer funds among these appropriation items or to	34292
transfer funds from other General Revenue Fund appropriations in	34293
the Department of Education's budget to meet state formula aid	34294
obligations, the Department of Education shall seek approval from	34295
the Controlling Board to transfer funds as needed.	34296

Sec. 269.40.50. START-UP FUNDS

34297

Funds appropriated for the purpose of providing start-up	34298
grants to Title IV-A Head Start and Title IV-A Head Start Plus	34299
agencies in fiscal year 2004 and fiscal year 2005 for the	34300
provision of services to children eligible for Title IV-A services	34301
under the Title IV-A Head Start or Title IV-A Head Start Plus	34302
programs shall be reimbursed to the General Revenue Fund as	34303
follows:	34304

(A) If, for fiscal year 2008, an entity that was a Title IV-A	34305
Head Start or Title IV-A Head Start Plus agency will not be an	34306
early learning agency or early learning provider, the entity shall	34307
repay the entire amount of the start-up grant it received in	34308
fiscal year 2004 and fiscal year 2005 not later than June 30,	34309
~~2009~~2019, in accordance with a payment schedule agreed to by the	34310
Department of Education.	34311

(B) If an entity that was a Title IV-A Head Start or Title	34312
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	34313
2005 will be an early learning agency or early learning provider	34314
in fiscal year 2008 and fiscal year 2009, the entity shall be	34315
allowed to retain any amount of the start-up grant it received,	34316
unless division (D) of this section applies to the entity. In that	34317
case, the entity shall repay the entire amount of the obligation	34318
described in that division not later than June 30, 2019.	34319

(C) Within ninety days after ~~the effective date of this~~	34320
~~section~~the effective date of this amendment, the Title IV-A Head	34321
Start agencies, Title IV-A Head Start Plus agencies, and the	34322
Department of Education shall determine the repayment schedule	34323
for amounts owed under division (A) of this section. These	34324
amounts shall be paid to the state not later than June 30, ~~2009~~	34325
2019.	34326

(D) If an entity that was a Title IV-A Head Start or Title	34327
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	34328
2005 owed the state any portion of the start-up grant amount	34329
during fiscal year 2006 or fiscal year 2007 but failed to repay	34330
the entire amount of the obligation by June 30, 2007, the entity	34331
shall be given an extension for repayment through June 30, ~~2009~~	34332
2019, before any amounts remaining due and payable to the state	34333
are referred to the Attorney General for collection under section	34334
131.02 of the Revised Code.	34335

(E) Any Title IV-A Head Start or Title IV-A Head Start Plus	34336
start-up grants that are retained by early learning agencies or	34337
early learning providers pursuant to this section shall be	34338
reimbursed to the General Revenue Fund when the early learning	34339
program ceases or is no longer funded from Title IV-A or if an	34340
early learning agency's or early learning provider's participation	34341
in the early learning program ceases or is terminated.	34342

Sec. 269.50.30. EDUCATIONAL SERVICE CENTERS FUNDING

34343

(A) As used in this section:

34344

(1) "Internet- or computer-based community school" has the	34345
same meaning as in section 3314.02 of the Revised Code.	34346

(2) "Service center ADM" has the same meaning as in section	34347
3317.11 of the Revised Code.	34348

(3) "STEM school" means a science, technology, engineering,	34349
and mathematics school established under Chapter 3326. of the	34350
Revised Code.	34351

(B) Notwithstanding division (F) of section 3317.11 of the	34352
Revised Code, no funds shall be provided under that division to an	34353
educational service center in either fiscal year for any pupils of	34354
a city or exempted village school district unless an agreement to	34355
provide services under section 3313.843 of the Revised Code was	34356
entered into by January 1, 1997, except that funds shall be	34357
provided to an educational service center for any pupils of a city	34358
school district if the agreement to provide services was entered	34359
into within one year of the date upon which such district changed	34360
from a local school district to a city school district.	34361

If an educational service center that entered into an	34362
agreement by January 1, 1997, with a city or exempted village	34363
school district to provide services under section 3313.843 of the	34364
Revised Code ceases to operate because all of the local school	34365
districts that constituted the territory of the service center	34366
have severed from the service center pursuant to section 3311.059	34367
of the Revised Code, another educational service center, by	34368
resolution of its governing board, may assume the obligations of	34369
the original service center to provide services to the city or	34370
exempted village school district under that agreement in fiscal	34371
year 2009. If that other service center assumes those obligations	34372
to provide services to the city or exempted village school	34373
district, that service center shall be considered to be the	34374
service center that entered into the agreement by January 1, 1997,	34375
and, accordingly, may receive funds under division (F) of section	34376
3317.11 of the Revised Code in accordance with this section in	34377
fiscal year 2009 for pupils of that city or exempted village	34378
school district.	34379

(C) Notwithstanding any provision of the Revised Code to the	34380
contrary, an educational service center that sponsors a community	34381
school under Chapter 3314. of the Revised Code in either fiscal	34382
year may include the students of that community school in its	34383
service center ADM for purposes of state funding under division	34384
(F) of section 3317.11 of the Revised Code, unless the community	34385
school is an Internet- or computer-based community school. A	34386
service center shall include the community school students in its	34387
service center ADM only to the extent that the students are not	34388
already so included, and only in accordance with guidelines issued	34389
by the Department of Education. If the students of a community	34390
school sponsored by an educational service center are included in	34391
the service center ADM of another educational service center,	34392
those students shall be removed from the service center ADM of the	34393
other educational service center and added to the service center	34394
ADM of the community school's sponsoring service center. The	34395
General Assembly authorizes this procedure as an incentive for	34396
educational service centers to take over sponsorship of community	34397
schools from the State Board of Education as the State Board's	34398
sponsorship is phased out in accordance with Sub. H.B. 364 of the	34399
124th General Assembly. No student of an Internet- or	34400
computer-based community school shall be counted in the service	34401
center ADM of any educational service center. The Department shall	34402
pay educational service centers under division (F) of section	34403
3317.11 of the Revised Code for community school students included	34404
in their service center ADMs under this division only if	34405
sufficient funds earmarked within appropriation item 200-550,	34406
Foundation Funding, for payments under that division remain after	34407
first paying for students attributable to their local and client	34408
school districts, in accordance with divisions (B) and ~~(D)~~(E) of	34409
this section.	34410

(D) Notwithstanding division (C) of section 3326.45 of the	34411
Revised Code, the Department shall pay educational service	34412
centers under division (H) of section 3317.11 of the Revised	34413
Code for services provided to STEM schools only if sufficient	34414
funds earmarked within appropriation item 200-550, Foundation	34415
Funding, for payments under that division remain after first	34416
paying for students attributable to the local and client school	34417
districts of the service centers and for community school	34418
students in their service center ADMs, in accordance with	34419
divisions (B), (C), and (E) of this section.	34420

(E) If insufficient funds are earmarked within appropriation	34421
item 200-550, Foundation Funding, for payments under ~~division~~	34422
divisions (F) and (H) of section 3317.11 of the Revised Code and	34423
division (C) of this section in fiscal year 2008 or fiscal year	34424
2009, the Department shall prioritize the distribution of the	34425
earmarked funds as follows:	34426

(1) The Department shall first distribute to each educational	34427
service center the per-student amount specified in division (F) of	34428
section 3317.11 of the Revised Code for each student in its	34429
service center ADM attributable to the local school districts	34430
within the service center's territory.	34431

(2) The Department shall distribute the remaining funds in	34432
each fiscal year to each educational service center for the	34433
students in its service center ADM attributable to each city and	34434
exempted village school district that had entered into an	34435
agreement with an educational service center for that fiscal year	34436
under section 3313.843 of the Revised Code by January 1, 1997, up	34437
to the per-student amount specified in division (F) of section	34438
3317.11 of the Revised Code. If insufficient funds remain to pay	34439
each service center the full amount specified in division (F) of	34440
that section for each such student, the Department shall	34441
distribute the remaining funds to each service center	34442
proportionally, on a per-student basis for each such student,	34443
unless that proportional per-student amount exceeds the amount	34444
specified in division (F)(1) of that section. In that case, the	34445
Department shall distribute the per-student amount specified in	34446
division (F)(1) of that section to each service center for each	34447
such student and shall distribute the remainder proportionally, on	34448
a per-student basis for each such student, to the multi-county	34449
service centers described in division (F)(2) of that section.	34450

(3) If the Department has paid each service center under	34451
divisions ~~(D)~~(E)(1) and (2) of this section, the full amount	34452
specified in division (F) of section 3317.11 of the Revised Code	34453
for each student attributable to its local school districts and	34454
its client school districts described in division ~~(D)~~(E)(2) of	34455
this section the Department shall distribute any remaining funds	34456
proportionally, on a per-student basis, to each service center	34457
that sponsors a community school, other than an Internet- or	34458
computer-based community school, for the students included in the	34459
service center ADM under division (C) of this section. These	34460
payments shall not exceed per student the amount specified in	34461
division (F) of section 3317.11 of the Revised Code.	34462

(4) If the Department has paid each educational service	34463
center that sponsors a community school, other than an Internet-	34464
or computer-based community school, the full amount specified in	34465
division (F) of section 3317.11 of the Revised Code for each	34466
community school student included in the service center ADM under	34467
division (C) of this section, the Department shall distribute any	34468
remaining funds to each service center that is owed money under	34469
division (H) of section 3317.11 of the Revised Code for services	34470
provided to a STEM school. If insufficient funds remain to pay	34471
each service center the full amount calculated for it under	34472
division (H) of section 3317.11 of the Revised Code, the	34473
Department shall distribute the remaining funds proportionally, on	34474
a per-student basis, to each service center owed money under that	34475
division, unless that proportional per-student amount exceeds the	34476
per-student amount specified in any service center's contract	34477
entered into under section 3326.45 of the Revised Code. In that	34478
case, the Department shall distribute the lowest per-student	34479
amount specified in the service center contracts entered into	34480
under that section to each service center owed money under	34481
division (H) of section 3317.11 of the Revised Code and shall	34482
distribute the remainder proportionally, on a per-student basis,	34483
to service centers with contracts under section 3326.45 of the	34484
Revised Code that specify higher per-student amounts, but in no	34485
case shall the payments to any service center exceed the	34486
per-student amount specified in the service center's contract with	34487
the STEM school.	34488

Sec. 275.10. PAY EMPLOYEE BENEFITS FUNDS

34489

Accrued Leave Liability Fund Group	34490

806	995-666	Accrued Leave Fund	$	69,584,560	$	76,038,787	34491
807	995-667	Disability Fund	$	40,104,713	$	39,309,838	34492
TOTAL ALF Accrued Leave Liability							34493
Fund Group			$	109,689,273	$	115,348,625	34494

Agency Fund Group	34495

124	995-673	Payroll Deductions	$	2,125,000,000	$	2,175,000,000	34496
808	995-668	State Employee Health Benefit Fund	$	499,240,000	$	550,922,742	34497
809	995-669	Dependent Care Spending Account	$	2,969,635	$	2,969,635	34498
810	995-670	Life Insurance Investment Fund	$	2,113,589	$	2,229,834	34499
811	995-671	Parental Leave Benefit Fund	$	3,994,806	$	4,234,495	34500
813	995-672	Health Care Spending Account	$	12,000,000	$	12,000,000	34501
TOTAL AGY Agency Fund Group			$	2,645,318,030	$	2,747,356,706	34502

TOTAL ALL BUDGET FUND GROUPS

2,755,007,303

2,862,705,331

34503

ACCRUED LEAVE LIABILITY FUND

34504

The foregoing appropriation item 995-666, Accrued Leave Fund,	34505
shall be used to make payments from the Accrued Leave Liability	34506
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	34507
If it is determined by the Director of Budget and Management that	34508
additional amounts are necessary, the amounts are appropriated.	34509

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

34510

The foregoing appropriation item 995-667, Disability Fund,	34511
shall be used to make payments from the State Employee Disability	34512
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	34513
Revised Code. If it is determined by the Director of Budget and	34514
Management that additional amounts are necessary, the amounts are	34515
appropriated.	34516

PAYROLL WITHHOLDING FUND

34517

The foregoing appropriation item 995-673, Payroll Deductions,	34518
shall be used to make payments from the Payroll Withholding Fund	34519
(Fund 124). If it is determined by the Director of Budget and	34520
Management that additional appropriation amounts are necessary,	34521
such amounts are hereby appropriated.	34522

STATE EMPLOYEE HEALTH BENEFIT FUND

34523

The foregoing appropriation item 995-668, State Employee	34524
Health Benefit Fund, shall be used to make payments from the State	34525
Employee Health Benefit Fund (Fund 808), pursuant to section	34526
124.87 of the Revised Code. If it is determined by the Director of	34527
Budget and Management that additional amounts are necessary, the	34528
amounts are appropriated.	34529

DEPENDENT CARE SPENDING ACCOUNT

34530

The foregoing appropriation item 995-669, Dependent Care	34531
Spending Account, shall be used to make payments from the	34532
Dependent Care Spending Account (Fund 809) to employees eligible	34533
for dependent care expenses. If it is determined by the Director	34534
of Budget and Management that additional amounts are necessary,	34535
the amounts are appropriated.	34536

LIFE INSURANCE INVESTMENT FUND

34537

The foregoing appropriation item 995-670, Life Insurance	34538
Investment Fund, shall be used to make payments from the Life	34539
Insurance Investment Fund (Fund 810) for the costs and expenses of	34540
the state's life insurance benefit program pursuant to section	34541
125.212 of the Revised Code. If it is determined by the Director	34542
of Budget and Management that additional amounts are necessary,	34543
the amounts are appropriated.	34544

PARENTAL LEAVE BENEFIT FUND

34545

The foregoing appropriation item 995-671, Parental Leave	34546
Benefit Fund, shall be used to make payments from the Parental	34547
Leave Benefit Fund (Fund 811) to employees eligible for parental	34548
leave benefits pursuant to section 124.137 of the Revised Code. If	34549
it is determined by the Director of Budget and Management that	34550
additional amounts are necessary, the amounts are appropriated.	34551

HEALTH CARE SPENDING ACCOUNT

34552

There is hereby established in the State Treasury the Health	34553
Care Spending Account Fund (Fund 813). The foregoing appropriation	34554
item 995-672, Health Care Spending Account, shall be used to make	34555
payments from the fund. The fund shall be under the supervision of	34556
the Department of Administrative Services and shall be used to	34557
make payments pursuant to state employees' participation in a	34558
flexible spending account for non-reimbursed health care expenses	34559
and pursuant to Section 125 of the Internal Revenue Code. All	34560
income derived from the investment of the fund shall accrue to the	34561
fund. If it is determined by the Director of Administrative	34562
Services that additional appropriation amounts are necessary, the	34563
Director of Administrative Services may request that the Director	34564
of Budget and Management increase such amounts. Such amounts are	34565
hereby appropriated.	34566

At the request of the Director of Administrative Services,	34567
the Director of Budget and Management shall transfer up to	34568
$145,000 from the General Revenue Fund to the Health Care Spending	34569
Account Fund during fiscal years 2008 and 2009. This cash shall be	34570
transferred as needed to provide adequate cash flow for the Health	34571
Care Spending Account Fund during fiscal year 2008 and fiscal year	34572
2009. If funds are available at the end of fiscal years 2008 and	34573
2009, the Director of Budget and Management shall transfer cash up	34574
to the amount previously transferred in the respective year, plus	34575
interest income, back from the Health Care Spending Account (Fund	34576
813) to the General Revenue Fund.	34577

CASH TRANSFER TO ACCRUED LEAVE FUND

34578

The Director of Budget and Management may transfer	34579
$100,080.79 in cash from the Dependent Care Spending Account Fund	34580
(Fund 809) to the Accrued Leave Fund (Fund 806) to correct an	34581
intrastate transfer voucher from the Department of Natural	34582
Resources that was mistakenly deposited into the Dependent Care	34583
Spending Account Fund.	34584

Sec. 293.10. DOH DEPARTMENT OF HEALTH

34585

General Revenue Fund	34586

GRF	440-407	Animal Borne Disease and Prevention	$	2,327,101	$	2,327,101	34587
GRF	440-412	Cancer Incidence Surveillance System	$	1,002,619	$	1,002,619	34588
GRF	440-413	Local Health Department Support	$	3,786,794	$	3,786,794	34589
GRF	440-416	Child and Family Health Services	$	9,522,874	$	9,622,874	34590
GRF	440-418	Immunizations	$	9,400,615	$	9,400,615	34591
GRF	440-425	Abstinence and Adoption Education	$	500,000	$	500,000	34592
GRF	440-431	Free Clinic Liability Insurance	$	250,000	$	250,000	34593
GRF	440-437	Healthy Ohio	$	1,502,618	$	2,855,553	34594
GRF	440-438	Breast and Cervical Cancer Screening	$	2,500,000	$	2,500,000	34595
GRF	440-444	AIDS Prevention and Treatment	$	7,158,127	$	7,158,127	34596
GRF	440-446	Infectious Disease Prevention	$	200,000	$	200,000	34597
GRF	440-451	Lab and Public Health Prevention Programs	$	6,085,250	$	6,085,250	34598
GRF	440-452	Child and Family Health Services Match	$	1,024,017	$	1,024,017	34599
GRF	440-453	Health Care Quality Assurance	$	10,253,728	$	10,253,728	34600
GRF	440-454	Local Environmental Health	$	889,752	$	889,752	34601
GRF	440-459	Help Me Grow	$	10,923,397	$	14,041,847	34602
GRF	440-505	Medically Handicapped Children	$	10,791,784	$	10,791,784	34603
GRF	440-507	Targeted Health Care Services Over 21	$	1,681,023	$	1,681,023	34604
GRF	440-511	Uncompensated Care and Emergency Medical Assistance	$	0	$	3,500,000	34605
TOTAL GRF General Revenue Fund			$	79,799,699	$	87,871,084	34606

General Services Fund Group	34607

142	440-646	Agency Health Services	$	3,461,915	$	3,461,915	34608
211	440-613	Central Support Indirect Costs	$	28,884,707	$	28,884,707	34609
473	440-622	Lab Operating Expenses	$	4,954,045	$	4,954,045	34610
683	440-633	Employee Assistance Program	$	1,208,214	$	1,208,214	34611
698	440-634	Nurse Aide Training	$	170,000	$	170,000	34612
TOTAL GSF General Services							34613
Fund Group			$	38,678,881	$	38,678,881	34614

Federal Special Revenue Fund Group	34615

320	440-601	Maternal Child Health Block Grant	$	30,666,635	$	30,666,635	34616
387	440-602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	34617
389	440-604	Women, Infants, and Children	$	230,077,451	$	230,077,451	34618
391	440-606	Medicaid/Medicare	$	24,850,959	$	24,850,959	34619
392	440-618	Federal Public Health Programs	$	136,778,215	$	136,778,215	34620
TOTAL FED Federal Special Revenue							34621
Fund Group			$	430,199,919	$	430,199,919	34622

State Special Revenue Fund Group	34623

4D6	440-608	Genetics Services	$	3,317,000	$	3,317,000	34624
4F9	440-610	Sickle Cell Disease Control	$	1,035,344	$	1,035,344	34625
4G0	440-636	Heirloom Birth Certificate	$	5,000	$	5,000	34626
4G0	440-637	Birth Certificate Surcharge	$	5,000	$	5,000	34627
4L3	440-609	Miscellaneous Expenses	$	446,468	$	446,468	34628
4P4	440-628	Ohio Physician Loan Repayment	$	0	$	476,870	34629
4T4	440-603	Child Highway Safety	$	233,894	$	233,894	34630
4V6	440-641	Save Our Sight	$	1,767,994	$	1,767,994	34631
470	440-647	Fee Supported Programs	$	27,996,243	$	25,905,140	34632
471	440-619	Certificate of Need	$	869,000	$	898,000	34633
477	440-627	Medically Handicapped Children Audit	$	3,693,016	$	3,693,016	34634
5B5	440-616	Quality, Monitoring, and Inspection	$	838,479	$	838,479	34635
5CB	440-640	Poison Control Centers	$	150,000	$	150,000	34636
5CN	440-645	Choose Life	$	75,000	$	75,000	34637
5C0	440-615	Alcohol Testing and Permit	$	1,455,405	$	1,455,405	34638
5D6	440-620	Second Chance Trust	$	1,054,951	$	1,054,951	34639
5EC	440-650	Health Emergency	$	15,312,500	$	0	34640
5ED	440-651	Smoke Free Indoor Air	$	800,000	$	800,000	34641
5G4	440-639	Adoption Services	$	20,000	$	20,000	34642
5L1	440-623	Nursing Facility Technical Assistance Program	$	664,282	$	698,595	34643
5Z7	440-624	Ohio Dental Loan Repayment	$	0	$	140,000	34644
610	440-626	Radiation Emergency Response	$	850,000	$	850,000	34645
666	440-607	Medically Handicapped Children - County Assessments	$	14,320,687	$	14,320,687	34646
TOTAL SSR State Special Revenue							34647
Fund Group			$	74,910,263	$	~~57,569,973~~ 58,186,843	34648

Holding Account Redistribution Fund Group	34649

R14	440-631	Vital Statistics	$	70,000	$	70,000	34650
R48	440-625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	34651
TOTAL 090 Holding Account							34652
Redistribution Fund Group			$	90,000	$	90,000	34653
TOTAL ALL BUDGET FUND GROUPS			$	623,678,762	$	~~614,409,857~~ 615,026,727	34654

Sec. 299.10. OHS OHIO HISTORICAL SOCIETY

34656

General Revenue Fund	34657

GRF	360-501	Operating Subsidy	$	3,649,244	$	3,649,252	34658
GRF	360-502	Site and Museum Operations	$	8,501,781	$	~~8,501,788~~ 8,357,176	34659
GRF	360-504	Ohio Preservation Office	$	417,516	$	415,381	34660
GRF	360-505	National Afro-American Museum	$	754,884	$	754,884	34661
GRF	360-506	Hayes Presidential Center	$	514,323	$	514,323	34662
GRF	360-508	State Historical Grants	$	853,000	$	775,000	34663
TOTAL GRF General Revenue Fund			$	14,690,748	$	14,610,628	34664
TOTAL ALL BUDGET FUND GROUPS			$	14,690,748	$	~~14,610,628~~ 14,466,016	34665

SUBSIDY APPROPRIATION

34666

Upon approval by the Director of Budget and Management, the	34667
foregoing appropriation items shall be released to the Ohio	34668
Historical Society in quarterly amounts that in total do not	34669
exceed the annual appropriations. The funds and fiscal records of	34670
the society for fiscal years 2008 and 2009 shall be examined by	34671
independent certified public accountants approved by the Auditor	34672
of State, and a copy of the audited financial statements shall be	34673
filed with the Office of Budget and Management. The society shall	34674
prepare and submit to the Office of Budget and Management the	34675
following:	34676

(A) An estimated operating budget for each fiscal year of the	34677
biennium. The operating budget shall be submitted at or near the	34678
beginning of each calendar year.	34679

(B) Financial reports, indicating actual receipts and	34680
expenditures for the fiscal year to date. These reports shall be	34681
filed at least semiannually during the fiscal biennium.	34682

The foregoing appropriations shall be considered to be the	34683
contractual consideration provided by the state to support the	34684
state's offer to contract with the Ohio Historical Society under	34685
section 149.30 of the Revised Code.	34686

STATE ARCHIVES

34687

Of the foregoing appropriation item 360-501, Operating	34688
Subsidy, $300,000 in each fiscal year shall be used for the State	34689
Archives, Library, and Artifact Collections program.	34690

HAYES PRESIDENTIAL CENTER

34691

If a United States government agency, including, but not	34692
limited to, the National Park Service, chooses to take over the	34693
operations or maintenance of the Hayes Presidential Center, in	34694
whole or in part, the Ohio Historical Society shall make	34695
arrangements with the National Park Service or other United States	34696
government agency for the efficient transfer of operations or	34697
maintenance.	34698

HISTORICAL GRANTS

34699

Of the foregoing appropriation item 360-508, State Historical	34700
Grants, $60,000 in fiscal year 2008 shall be distributed to the	34701
Paul Laurence Dunbar Home, $75,000 in each fiscal year shall be	34702
distributed to the Center for Holocaust and Humanity Education	34703
located at the Hebrew Union College-Jewish Institute of Religion	34704
in Cincinnati, $350,000 in each fiscal year shall be distributed	34705
to the Western Reserve Historical Society, $350,000 in each fiscal	34706
year shall be distributed to the Cincinnati Museum Center, and up	34707
to $18,000 in fiscal year 2008 shall be distributed to the	34708
Muskingum River Underground Railroad Historic Marker Project.	34709

PROCESSING FEES

34710

The Ohio Historical Society shall not charge or retain an	34711
administrative, service, or processing fee for distributing money	34712
that the General Assembly appropriates to the Society for grants	34713
or subsidies that the Society provides to other entities for their	34714
site-related programs.	34715

TRANSFER FOR STATEHOUSE TOURS AND EDUCATION

34716

On June 1, 2008, or as soon as possible thereafter, the	34717
Director of Budget and Management shall transfer $12,297 cash from	34718
GRF appropriation item 360-502, Site and Museum Operations, to the	34719
Statehouse Gift Shop/Events Fund (Fund 4S70) in the Capitol Square	34720
Review and Advisory Board to support Statehouse tours and	34721
education staff.	34722

Sec. 307.10. INS DEPARTMENT OF INSURANCE

34723

Federal Special Revenue Fund Group	34724

3U5	820-602	OSHIIP Operating Grant	$	1,100,000	$	1,100,000	34725
TOTAL FED Federal Special							34726
Revenue Fund Group			$	1,100,000	$	1,100,000	34727

State Special Revenue Fund Group	34728

554	820-601	Operating Expenses - OSHIIP	$	553,750	$	569,269	34729
554	820-606	Operating Expenses	$	23,350,236	$	23,802,797	34730
555	820-605	Examination	$	7,639,581	$	7,868,768	34731
5AG	820-603	Ohio Family Health Survey	$	0	$	1,500,000	34732
TOTAL SSR State Special Revenue							34733
Fund Group			$	31,543,567	$	~~32,240,834~~ 33,740,834	34734
TOTAL ALL BUDGET FUND GROUPS			$	32,643,567	$	~~33,340,834~~ 34,840,834	34735

MARKET CONDUCT EXAMINATION

34736

When conducting a market conduct examination of any insurer	34737
doing business in this state, the Superintendent of Insurance may	34738
assess the costs of the examination against the insurer. The	34739
superintendent may enter into consent agreements to impose	34740
administrative assessments or fines for conduct discovered that	34741
may be violations of statutes or rules administered by the	34742
superintendent. All costs, assessments, or fines collected shall	34743
be deposited to the credit of the Department of Insurance	34744
Operating Fund (Fund 554).	34745

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

34746

The Director of Budget and Management, at the request of the	34747
Superintendent of Insurance, may transfer funds from the	34748
Department of Insurance Operating Fund (Fund 554), established by	34749
section 3901.021 of the Revised Code, to the Superintendent's	34750
Examination Fund (Fund 555), established by section 3901.071 of	34751
the Revised Code, only for expenses incurred in examining domestic	34752
fraternal benefit societies as required by section 3921.28 of the	34753
Revised Code.	34754

TRANSFER FROM FUND 554 TO GENERAL REVENUE FUND

34755

Not later than the thirty-first day of July each fiscal year,	34756
the Director of Budget and Management shall transfer $5,000,000	34757
from the Department of Insurance Operating Fund to the General	34758
Revenue Fund.	34759

OHIO FAMILY HEALTH SURVEY

34760

Notwithstanding section 3929.682 of the Revised Code, the	34761
foregoing appropriation item 820-603, Ohio Family Health Survey,	34762
shall be used for the Ohio Family Health Survey.	34763

Sec. 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

34764

General Revenue Fund	34765

GRF	600-321	Support Services					34766
		State	$	50,785,978	$	52,571,413	34767
		Federal	$	10,460,286	$	11,290,237	34768
		Support Services Total	$	61,246,264	$	63,861,650	34769
GRF	600-410	TANF State	$	267,619,061	$	267,619,061	34770
GRF	600-413	Child Care Match/Maintenance of Effort	$	84,120,596	$	84,120,596	34771
GRF	600-416	Computer Projects					34772
		State	$	115,383,181	$	116,419,033	34773
		Federal	$	21,488,920	$	21,192,117	34774
		Computer Projects Total	$	136,872,101	$	137,611,150	34775
GRF	600-417	Medicaid Provider Audits	$	2,000,000	$	2,000,000	34776
GRF	600-420	Child Support Administration	$	8,541,446	$	10,641,446	34777
GRF	600-421	Office of Family Stability	$	4,614,932	$	4,614,932	34778
GRF	600-423	Office of Children and Families	$	5,650,000	$	5,900,000	34779
GRF	600-425	Office of Ohio Health Plans					34780
		State	$	22,500,000	$	22,500,000	34781
		Federal	$	23,324,848	$	23,418,368	34782
		Office of Ohio Health Plans Total	$	45,824,848	$	45,918,368	34783
GRF	600-502	Administration - Local	$	34,014,103	$	34,014,103	34784
GRF	600-511	Disability Financial Assistance	$	22,128,480	$	25,335,908	34785
GRF	600-512	Non-TANF Disaster Assistance	$	1,000,000	$	1,000,000	34786
GRF	600-521	Entitlement Administration - Local	$	130,000,000	$	130,000,000	34787
GRF	600-523	Children and Families Services	$	78,115,135	$	78,115,135	34788
GRF	600-525	Health Care/Medicaid					34789
		State	$	3,371,917,993	$	~~3,603,598,928~~ 3,673,819,292	34790
		Federal	$	5,173,236,576	$	~~5,736,989,273~~ 5,865,064,895	34791
		Health Care Total	$	8,545,154,569	$	~~9,340,588,201~~ 9,538,884,187	34792
GRF	600-526	Medicare Part D	$	254,397,401	$	271,854,640	34793
GRF	600-528	Adoption Services					34794
		State	$	37,520,466	$	43,978,301	34795
		Federal	$	41,304,043	$	49,196,065	34796
		Adoption Services Total	$	78,824,509	$	93,174,366	34797
GRF	600-529	Capital Compensation Program	$	7,000,000	$	0	34798
GRF	600-534	Adult Protective Services	$	500,000	$	500,000	34799
TOTAL GRF General Revenue Fund							34800
		State	$	4,497,808,772	$	~~4,754,783,496~~ 4,825,003,860	34801
		Federal	$	5,269,814,673	$	~~5,842,086,060~~ 5,970,161,682	34802
		GRF Total	$	9,767,623,445	$	~~10,596,869,556~~ 10,795,165,542	34803

General Services Fund Group	34804

4A8	600-658	Child Support Collections	$	26,680,794	$	~~26,680,794~~ 31,929,211	34805
4R4	600-665	BCII Services/Fees	$	36,974	$	36,974	34806
5BG	600-653	Managed Care Assessment	$	210,655,034	$	222,667,304	34807
5C9	600-671	Medicaid Program Support	$	80,120,048	$	80,120,048	34808
5DL	600-639	Medicaid Revenue and Collections	$	51,966,785	$	~~56,296,844~~ 76,296,844	34809
5N1	600-677	County Technologies	$	1,000,000	$	1,000,000	34810
5P5	600-692	Health Care Services	$	93,000,000	$	~~62,000,000~~ 82,000,000	34811
613	600-645	Training Activities	$	135,000	$	135,000	34812
TOTAL GSF General Services							34813
Fund Group			$	463,594,635	$	~~448,936,964~~ 494,185,381	34814

Federal Special Revenue Fund Group	34815

3AW	600-675	Faith Based Initiatives	$	1,000,000	$	1,000,000	34816
3A2	600-641	Emergency Food Distribution	$	2,900,000	$	3,500,000	34817
3D3	600-648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	34818
3F0	600-623	Health Care Federal	$	1,209,188,383	$	~~1,211,196,561~~ 1,280,775,536	34819
3F0	600-650	Hospital Care Assurance Match	$	343,239,047	$	343,239,047	34820
3G5	600-655	Interagency Reimbursement	$	1,469,763,073	$	1,513,855,965	34821
3H7	600-617	Child Care Federal	$	207,269,463	$	200,167,593	34822
3N0	600-628	IV-E Foster Care Maintenance	$	153,963,142	$	153,963,142	34823
3S5	600-622	Child Support Projects	$	534,050	$	534,050	34824
3V0	600-688	Workforce Investment Act	$	232,568,453	$	233,082,144	34825
3V4	600-678	Federal Unemployment Programs	$	147,411,858	$	152,843,414	34826
3V4	600-679	Unemployment Compensation Review Commission - Federal	$	3,092,890	$	3,191,862	34827
3V6	600-689	TANF Block Grant	$	1,037,739,200	$	1,085,861,099	34828
3W3	600-659	TANF/Title XX Transfer	$	10,081,377	$	6,672,366	34829
327	600-606	Child Welfare	$	48,514,502	$	47,947,309	34830
331	600-686	Federal Operating	$	53,963,318	$	56,263,225	34831
384	600-610	Food Stamps and State Administration	$	160,237,060	$	153,147,118	34832
385	600-614	Refugee Services	$	10,196,547	$	11,057,826	34833
395	600-616	Special Activities/Child and Family Services	$	5,723,131	$	5,717,151	34834
396	600-620	Social Services Block Grant	$	114,479,464	$	114,474,085	34835
396	600-651	Second Harvest Food Banks	$	5,500,000	$	5,500,000	34836
397	600-626	Child Support	$	303,661,307	$	303,538,962	34837
398	600-627	Adoption Maintenance/ Administration	$	318,172,168	$	317,483,676	34838
TOTAL FED Federal Special Revenue							34839
Fund Group			$	5,841,238,957	$	~~5,926,277,119~~ 5,995,856,094	34840

State Special Revenue Fund Group	34841

198	600-647	Children's Trust Fund	$	6,788,522	$	6,788,522	34842
4A9	600-607	Unemployment Compensation Administration Fund	$	12,273,062	$	12,188,996	34843
4A9	600-694	Unemployment Compensation Review Commission	$	1,726,938	$	1,811,004	34844
4E3	600-605	Nursing Home Assessments	$	4,759,914	$	4,759,914	34845
4E7	600-604	Child and Family Services Collections	$	300,000	$	300,000	34846
4J5	600-613	Nursing Facility Bed Assessments	$	34,613,984	$	34,613,984	34847
4J5	600-618	Residential State Supplement Payments	$	15,700,000	$	15,700,000	34848
4K1	600-621	ICF/MR Bed Assessments	$	19,332,437	$	~~19,332,437~~ 23,292,437	34849
4R3	600-687	Banking Fees	$	800,000	$	800,000	34850
4Z1	600-625	HealthCare Compliance	$	10,000,000	$	10,000,000	34851
5AJ0	600-631	Money Follows the Person	$	0	$	4,400,000	34852
5DB	600-637	Military Injury Grants	$	2,000,000	$	2,000,000	34853
5ES	600-630	Food Assistance	$	500,000	$	500,000	34854
5F2	600-667	Building Consolidation	$	250,000	$	250,000	34855
5F3	600-668	Building Consolidation	$	1,000,000	$	1,000,000	34856
5Q9	600-619	Supplemental Inpatient Hospital Payments	$	56,125,998	$	56,125,998	34857
5R2	600-608	Medicaid-Nursing Facilities	$	175,000,000	$	175,000,000	34858
5S3	600-629	MR/DD Medicaid Administration and Oversight	$	1,620,960	$	1,620,960	34859
5U3	600-654	Health Care Services Administration	$	9,867,284	$	12,000,349	34860
5U6	600-663	Children and Family Support	$	4,928,718	$	4,928,718	34861
5Z9	600-672	TANF Quality Control Reinvestments	$	520,971	$	546,254	34862
651	600-649	Hospital Care Assurance Program Fund	$	231,893,404	$	231,893,404	34863
TOTAL SSR State Special Revenue							34864
Fund Group			$	590,002,192	$	~~592,160,540~~ 600,520,540	34865

Agency Fund Group	34866

192	600-646	Support Intercept - Federal	$	110,000,000	$	110,000,000	34867
5B6	600-601	Food Stamp Intercept	$	2,000,000	$	2,000,000	34868
583	600-642	Support Intercept - State	$	16,000,000	$	16,000,000	34869
TOTAL AGY Agency Fund Group			$	128,000,000	$	128,000,000	34870

Holding Account Redistribution Fund Group	34871

R12	600-643	Refunds and Audit Settlements	$	3,600,000	$	3,600,000	34872
R13	600-644	Forgery Collections	$	10,000	$	10,000	34873
TOTAL 090 Holding Account Redistribution Fund Group			$	3,610,000	$	3,610,000	34874
TOTAL ALL BUDGET FUND GROUPS			$	16,794,069,229	$	~~17,695,854,179~~ 18,017,337,557	34875

BUDGET STABILIZATION FUND TRANSFER FOR MEDICAID

34876

Notwithstanding section 127.14 of the Revised Code, if the	34877
Director of Budget and Management determines that additional	34878
appropriations are needed to fund the Medicaid program, the	34879
Director may, with Controlling Board approval, transfer up to	34880
$63,333,420 cash in fiscal year 2009 from the Budget Stabilization	34881
Fund to the General Revenue Fund. Upon approval from the	34882
Controlling Board, the Director of Budget and Management shall	34883
transfer the approved amounts of cash, increase the state share of	34884
appropriations to line item 600-525, Health Care/Medicaid, and	34885
adjust the federal share accordingly. Any such transfers and	34886
adjustments are hereby appropriated.	34887

Sec. 309.30.13. CHILDREN'S HOSPITALS

34888

(A) As used in this section:

34889

"Children's hospital" means a hospital that primarily serves	34890
patients eighteen years of age and younger and is excluded from	34891
Medicare prospective payment in accordance with 42 C.F.R.	34892
412.23(d).	34893

"Medicaid inpatient cost-to-charge ratio" means the historic	34894
Medicaid inpatient cost-to-charge ratio applicable to a hospital	34895
as described in rules adopted by the Director of Job and Family	34896
Services in paragraph (B)(2) of rule 5101:3-2-22 of the	34897
Administrative Code.	34898

(B) Notwithstanding paragraph (C)(5) of rule 5101:3-2-07.9 of	34899
the Administrative Code and except as provided in division (C) of	34900
this section, the Director of Job and Family Services shall pay a	34901
children's hospital that meets the criteria in paragraphs (E)(1)	34902
and (2) of rule 5101:3-2-07.9 of the Administrative Code, for each	34903
cost outlier claim made in fiscal years 2008 and 2009, an amount	34904
that is the product of the hospital's allowable charges and the	34905
hospital's Medicaid inpatient cost-to-charge ratio.	34906

(C) The Director of Job and Family Services shall cease	34907
paying a children's hospital for a cost outlier claim under the	34908
methodology in division (B) of this section and revert to paying	34909
the hospital for such a claim according to methodology in	34910
paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of the	34911
Administrative Code, as applicable, when the difference between	34912
the total amount the Director has paid according to the	34913
methodology in division (B) of this section for such claims and	34914
the total amount the Director would have paid according to the	34915
methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of	34916
the Administrative Code, as the applicable paragraph existed on	34917
June 30, 2007, for such claims, exceeds the sum of the state funds	34918
and corresponding federal match earmarked in division (F) of this	34919
section and reappropriated in division (G) of this section for the	34920
applicable fiscal year.	34921

(D) The Director of Job and Family Services shall make	34922
supplemental Medicaid payments to hospitals for inpatient services	34923
under a program modeled after the program the Department of Job	34924
and Family Services was required to create for fiscal years 2006	34925
and 2007 in Section 206.66.79 of Am. Sub. H.B. 66 of the 126th	34926
General Assembly if the difference between the total amount the	34927
Director has paid according to the methodology in division (B) of	34928
this section for cost outlier claims and the total amount the	34929
Director would have paid according to the methodology in paragraph	34930
(A)(6) or (C)(5) of rule 5101:3-2-07.9 of the Administrative Code	34931
for such claims, as the applicable paragraph existed on June 30,	34932
2007, does not require the expenditure of all state and federal	34933
funds earmarked in division (F) of this section for the applicable	34934
fiscal year.	34935

(E) The Director of Job and Family Services shall not adopt,	34936
amend, or rescind any rules that would result in decreasing the	34937
amount paid to children's hospitals under division (B) of this	34938
section for cost outlier claims.	34939

(F) Of the foregoing appropriation item, 600-525, Health	34940
Care/Medicaid, up to $6 million (state share) in each fiscal year	34941
plus the corresponding federal match, if available, shall be used	34942
by the Department to pay the amounts described in division (B) of	34943
this section.	34944

(G) The unencumbered balance of the $6 million in division	34945
(F) of this section at the end of fiscal year 2008 is hereby	34946
reappropriated to appropriation item 600-525, Health	34947
Care/Medicaid, for fiscal year 2009 to be used by the Department	34948
to pay the amounts described in division (B) of this section. The	34949
Director of Budget and Management shall increase the state share	34950
of appropriations in appropriation item 600-525, Health	34951
Care/Medicaid, by the amount of the unencumbered balance of the $6	34952
million, with a corresponding increase in the federal share. The	34953
Department shall expend, not later than June 30, 2009, the entire	34954
amount of the unencumbered balance of the $6 million	34955
reappropriated to appropriation item 600-525, Health	34956
Care/Medicaid, for fiscal year 2009 by this division, by the	34957
corresponding increase in the federal share, and the $6 million	34958
plus the corresponding federal match earmarked for fiscal year	34959
2009 by division (F) of this section to pay the amounts described	34960
in division (B) of this section.	34961

Sec. 309.30.30. FISCAL YEAR 2009 MEDICAID REIMBURSEMENT	34962
SYSTEM FOR NURSING FACILITIES	34963

(A) As used in this section:

34964

(1) "Capital costs," "cost of ownership," and "renovation"	34965
have the same meanings as in section 5111.20 of the Revised Code	34966
as that section existed on June 30, 2005.	34967

(2) "Fiscal year 2008 rate" means the rate a provider of a	34968
nursing facility is paid for nursing facility services the nursing	34969
facility provides on June 30, 2008.	34970

(3) "Franchise permit fee," "inpatient days," "Medicaid	34971
days," "nursing facility," and "provider" have the same meanings	34972
as in section 5111.20 of the Revised Code.	34973

(4) "Nursing facility services" means nursing facility	34974
services covered by the Medicaid program that a nursing facility	34975
provides to a resident of the nursing facility who is a Medicaid	34976
recipient eligible for Medicaid-covered nursing facility	34977
services.	34978

(5) "Reviewable activity" has the same meaning as in section	34979
3702.51 of the Revised Code.	34980

(6) "Type A nursing facility" means a nursing facility that	34981
qualifies for a per diem under Section 309.30.42 of Am. Sub. H.B.	34982
119 of the 127th General Assembly, as amended by this act and is	34983
not a type G nursing facility.	34984

(7) "Type B nursing facility" means a nursing facility to	34985
which both of the following apply:	34986

(a) Both of the following occurred during the last quarter of	34987
fiscal year 2008:	34988

(i) The facility obtained certification as a nursing facility	34989
from the Director of Health.	34990

(ii) The facility began participating in the Medicaid	34991
program.	34992

(b) An application for a certificate of need for the nursing	34993
facility was filed with the Director of Health before June 15,	34994
2005.	34995

(8) "Type C nursing facility" means a nursing facility to	34996
which all of the following apply:	34997

(a) The nursing facility is not a type B nursing facility.

34998

(b) The nursing facility, during the last quarter of fiscal	34999
year 2008, completed a capital project for which a certificate of	35000
need was filed with the Director of Health before June 15, 2005,	35001
and for which at least one of the following occurred before July	35002
1, 2005, or, if the capital project is undertaken to comply with	35003
rules adopted by the Public Health Council regarding resident room	35004
size or occupancy, before June 30, 2007:	35005

(i) Any materials or equipment for the capital project were	35006
delivered;	35007

(ii) Preparations for the physical site of the capital	35008
project, including, if applicable, excavation, began;	35009

(iii) Actual work on the capital project began.

35010

(c) The provider of the nursing facility files a three-month	35011
projected capital cost report for the nursing facility with the	35012
Director of Job and Family Services not later than ninety days	35013
after the date the capital project is completed.	35014

(9) "Type D nursing facility" means a nursing facility that,	35015
during the last quarter of fiscal year 2008, completed an activity	35016
to which all of the following apply:	35017

(a) A request was filed with the Director of Health before	35018
July 1, 2005, for a determination of whether the activity is a	35019
reviewable activity and the Director determined that the activity	35020
is not a reviewable activity.	35021

(b) At least one of the following occurred before July 1,	35022
2005, or, if the nursing facility undertakes the activity to	35023
comply with rules adopted by the Public Health Council regarding	35024
resident room size or occupancy, before June 30, 2007:	35025

(i) Any materials or equipment for the activity were	35026
delivered.	35027

(ii) Preparations for the physical site of the activity,	35028
including, if applicable, excavation, began.	35029

(iii) Actual work on the activity began.

35030

(c) The provider of the nursing facility files a three-month	35031
projected capital cost report for the nursing facility with the	35032
Director of Job and Family Services not later than ninety days	35033
after the date the activity is completed.	35034

(10) "Type E nursing facility" means a nursing facility that,	35035
during the last quarter of fiscal year 2008, completed a	35036
renovation to which all of the following apply:	35037

(a) The Director of Job and Family Services approved the	35038
renovation before July 1, 2005.	35039

(b) At least one of the following occurred before July 1,	35040
2005, or, if the nursing facility undertakes the renovation to	35041
comply with rules adopted by the Public Health Council regarding	35042
resident room size or occupancy, before June 30, 2007:	35043

(i) Any materials or equipment for the renovation were	35044
delivered.	35045

(ii) Preparations for the physical site of the renovation,	35046
including, if applicable, excavation, began.	35047

(iii) Actual work on the renovation began.

35048

(c) The provider of the nursing facility files a three-month	35049
projected capital cost report for the nursing facility with the	35050
Director of Job and Family Services not later than ninety days	35051
after the date the renovation is completed.	35052

(11) "Type F nursing facility" means a nursing facility to	35053
which all of the following apply:	35054

(a) The nursing facility, during either the first or second	35055
quarter of fiscal year 2009, completed a capital project for which	35056
the Director of Health approved a certificate of need on December	35057
22, 2003.	35058

(b) The nursing facility has one hundred ninety-two beds.

35059

(c) The provider of the nursing facility files a three-month	35060
projected capital cost report for the nursing facility with the	35061
Director of Job and Family Services not later than ninety days	35062
after the date the capital project is completed.	35063

(12) "Type G nursing facility" means a new nursing facility	35064
to which all of the following apply:	35065

(a) The provider of the new nursing facility is a nonprofit	35066
corporation exempt from federal income taxation.	35067

(b) The provider of the new nursing facility received a	35068
certificate of need from the Director of Health before June 15,	35069
2005, to construct the new nursing facility.	35070

(c) The new nursing facility began participation in the	35071
Medicaid program during fiscal year 2006.	35072

(d) The new nursing facility replaced an older nursing	35073
facility that provided nursing facility services on the date	35074
immediately before the date the new nursing facility began	35075
participation in the Medicaid program.	35076

(e) The new nursing facility is located on the same campus as	35077
the older nursing facility that the new nursing facility replaced.	35078

(B) Except as otherwise provided by this section, the	35079
provider of a nursing facility that has a valid Medicaid provider	35080
agreement on June 30, 2008, and a valid Medicaid provider	35081
agreement during fiscal year 2009 shall be paid, for nursing	35082
facility services the nursing facility provides during fiscal year	35083
2009, the rate calculated for the nursing facility under sections	35084
5111.20 to 5111.33 of the Revised Code with the following	35085
adjustments:	35086

(1) The cost per case mix-unit calculated under section	35087
5111.231 of the Revised Code, the rate for ancillary and support	35088
costs calculated under section 5111.24 of the Revised Code, the	35089
rate for capital costs calculated under section 5111.25 of the	35090
Revised Code, and the rate for tax costs calculated under section	35091
5111.242 of the Revised Code shall each be adjusted as follows:	35092

(a) Increase the cost and rates so calculated by two per	35093
cent;	35094

(b) Increase the cost and rates determined under division	35095
(B)(1)(a) of this section by two per cent;	35096

(c) Increase the cost and rates determined under division	35097
(B)(1)(b) of this section by one per cent.	35098

(2) The mean payment used in the calculation of the quality	35099
incentive payment made under section 5111.244 of the Revised Code	35100
shall be, weighted by Medicaid days, three dollars and three cents	35101
per Medicaid day.	35102

(C) IfExcept as provided in division (F) of this section, if	35103
the rate determined for a nursing facility under division (B) of	35104
this section for nursing facility services provided during fiscal	35105
year 2009 is more than one hundred two and seventy-five	35106
hundredths per cent of the sum of the nursing facility's fiscal	35107
year 2008 rate ~~the provider is paid for nursing facility~~	35108
~~services the nursing facility provides on June 30, 2008~~and the	35109
amount specified in division (D) of this section, the Department	35110
of Job and Family Services shall reduce the nursing	35111
facility's fiscal year 2009 rate so that the rate is not more	35112
than one hundred two and seventy-five hundredths per cent of	35113
~~the nursing facility's rate for June 30, 2008~~that sum. If	35114
Except as provided in division (F) of this section, if the rate	35115
determined for a nursing facility under division (B) of this	35116
section for nursing facility services provided during fiscal	35117
year 2009 is less than the sum of the nursing facility's	35118
fiscal year 2008 rate ~~the provider is paid for nursing~~	35119
~~facility services the nursing facility provides on June 30,~~	35120
~~2008~~and the amount specified in division (D) of this section,	35121
the Department shall increase the nursing facility's fiscal	35122
year 2009 rate so that the rate is not less than ~~the nursing~~	35123
~~facility's rate for June 30, 2008~~that sum.	35124

(D) Subject to division (E) of this section, the following	35125
amount shall be added to a nursing facility's fiscal year 2008	35126
rate for the purpose of determining the ceiling and floor under	35127
division (C) of this section:	35128

(1) If the nursing facility is a type A nursing facility, the	35129
amount of the per diem for which the nursing facility qualifies	35130
under Section 309.30.42 of Am. Sub. H.B. 119 of the 127th General	35131
Assembly, as amended by this act;	35132

(2) If the nursing facility is a type B nursing facility, the	35133
amount that is the difference between the capital costs portion of	35134
the nursing facility's initial rate established under section	35135
5111.254 of the Revised Code and the lesser of the following:	35136

(a) Eighty-eight and sixty-five hundredths per cent of the	35137
nursing facility's cost of ownership as reported on its	35138
three-month projected capital cost report divided by the greater	35139
of the number of inpatient days the nursing facility is expected	35140
to have during the period covered by the projected capital cost	35141
report or the number of inpatient days the nursing facility would	35142
have during that period if the nursing facility's occupancy rate	35143
was eighty per cent;	35144

(b) The maximum capital per diem rate in effect for fiscal	35145
year 2005 for nursing facilities.	35146

(3) If the nursing facility is a type C nursing facility,	35147
type D nursing facility, or type F nursing facility, the amount	35148
that is the difference between the capital costs portion of the	35149
nursing facility's fiscal year 2008 rate and the lesser of the	35150
following:	35151

(a) Eighty-eight and sixty-five hundredths per cent of the	35152
nursing facility's cost of ownership as reported on its	35153
three-month projected capital cost report divided by the greater	35154
of the number of inpatient days the nursing facility is expected	35155
to have during the period covered by the projected capital cost	35156
report or the number of inpatient days the nursing facility would	35157
have during that period if the nursing facility's occupancy rate	35158
was ninety-five per cent;	35159

(b) The maximum capital per diem rate in effect for fiscal	35160
year 2005 for nursing facilities.	35161

(4) If the nursing facility is a type E nursing facility, the	35162
amount that is equal to eighty-five per cent of the nursing	35163
facility's capital costs for the renovation as reported on its	35164
three-month projected capital cost report divided by the greater	35165
of the number of inpatient days the nursing facility is expected	35166
to have during the period covered by the projected capital cost	35167
report or the number of inpatient days the nursing facility would	35168
have during that period if the nursing facility's occupancy rate	35169
was ninety-five per cent;	35170

(5) If the nursing facility is not a type A nursing facility,	35171
type B nursing facility, type C nursing facility, type D nursing	35172
facility, type E nursing facility, type F nursing facility, or	35173
type G nursing facility, zero.	35174

(E) The amount to be added to the fiscal year 2008 rate of a	35175
type A nursing facility, type B nursing facility, type C nursing	35176
facility, type D nursing facility, type E nursing facility, or	35177
type F nursing facility for the purpose of determining the ceiling	35178
and floor under division (C) of this section shall be zero until	35179
the later of the following:	35180

(1) July 1, 2008;

35181

(2) The first day of the month following the month in which	35182
the provider files the three-month projected capital cost report	35183
for the nursing facility with the Director of Job and Family	35184
Services.	35185

(F) Subject to division (G) of this section, if the rate	35186
determined for a type G nursing facility under division (B) of	35187
this section for nursing facility services provided during fiscal	35188
year 2009 is more than one hundred two and seventy-five	35189
hundredths per cent of the sum of the rate the provider was paid	35190
for nursing facility services that the older nursing facility the	35191
type G nursing facility replaced provided on July 1, 2005, and	35192
the amount of the per diem for which the type G nursing facility	35193
qualifies under Section 309.30.42 of Am. Sub. H.B. 119 of the	35194
127th General Assembly, as amended by this act, the Department of	35195
Job and Family Services shall reduce the type G nursing	35196
facility's fiscal year 2009 rate so that the rate is not more	35197
than one hundred two and seventy-five hundredths per cent of that	35198
sum. Subject to division (G) of this section, if the rate	35199
determined for a type G nursing facility under division (B) of	35200
this section for nursing facility services provided during fiscal	35201
year 2009 is less than ninety-eight per cent of the sum of the	35202
rate the provider was paid for nursing facility services that the	35203
older nursing facility the type G nursing facility replaced	35204
provided on July 1, 2005, and the amount of the per diem for which	35205
the type G nursing facility qualifies under Section 309.30.42 of	35206
Am. Sub. H.B. 119 of the 127th General Assembly, as amended by	35207
this act, the Department shall increase the qualified replacement	35208
nursing facility's fiscal year 2009 rate so that the rate is not	35209
less than ninety-eight per cent of that sum.	35210

(G) The amount to be added to the rate the provider of a type	35211
G nursing facility was paid for nursing facility services that the	35212
older nursing facility the type G nursing facility replaced	35213
provided on July 1, 2005, for the purpose of determining the	35214
ceiling and floor under division (F) of this section shall be zero	35215
rather than the amount of the per diem for which the type G	35216
nursing facility qualifies under Section 309.30.42 of Am. Sub.	35217
H.B. 119 of the 127th General Assembly, as amended by this act,	35218
until the later of the following:	35219

(1) July 1, 2008;

35220

(2) The first day of the month following the month in which	35221
the provider files the three-month projected capital cost report	35222
for the nursing facility with the Director of Job and Family	35223
Services.	35224

(H) If the United States Centers for Medicare and Medicaid	35225
Services requires that the franchise permit fee be reduced or	35226
eliminated, the Department of Job and Family Services shall reduce	35227
the amount it pays providers of nursing facility services under	35228
this section as necessary to reflect the loss to the state of the	35229
revenue and federal financial participation generated from the	35230
franchise permit fee.	35231

~~(E)~~(I) The Department of Job and Family Services shall follow	35232
this section in determining the rate to be paid to the provider of	35233
a nursing facility that has a valid Medicaid provider agreement on	35234
June 30, 2008, and a valid Medicaid provider agreement during	35235
fiscal year 2009 notwithstanding anything to the contrary in	35236
sections 5111.20 to 5111.33 of the Revised Code.	35237

(J) Not later than sixty days after the effective date of the	35238
amendments to this section, the Director of Job and Family	35239
Services shall submit an amendment to the state Medicaid plan to	35240
the United States Secretary of Health and Human Services as	35241
necessary to implement the amendments to this section. On receipt	35242
of the United States Secretary's approval of the amendment to the	35243
state Medicaid plan, the Director shall implement the amendments	35244
to this section retroactive to the effective date of the state	35245
Medicaid plan amendment.	35246

Sec. 309.30.40. FISCAL YEARS 2008 AND 2009 MEDICAID	35247
REIMBURSEMENT SYSTEM FOR ICFs/MR	35248

(A) As used in this section:

35249

"Intermediate care facility for the mentally retarded" has	35250
the same meaning as in section 5111.20 of the Revised Code.	35251

"Medicaid days" means all days during which a resident who is	35252
a Medicaid recipient occupies a bed in an intermediate care	35253
facility for the mentally retarded that is included in the	35254
facility's Medicaid-certified capacity. Therapeutic or hospital	35255
leave days for which payment is made under section 5111.33 of the	35256
Revised Code are considered Medicaid days proportionate to the	35257
percentage of the intermediate care facility for the mentally	35258
retarded's per resident per day rate paid for those days.	35259

"Per diem rate" means the per diem rate calculated pursuant	35260
to sections 5111.20 to 5111.33 of the Revised Code.	35261

(B) Notwithstanding sections 5111.20 to 5111.33 of the	35262
Revised Code, rates paid to intermediate care facilities for the	35263
mentally retarded under the Medicaid program shall be subject to	35264
the following limitations:	35265

(1) For fiscal year 2008, the mean total per diem rate for	35266
all intermediate care facilities for the mentally retarded in the	35267
state, weighted by May 2007 Medicaid days and calculated as of	35268
July 1, 2007, shall not exceed $266.14.	35269

(2) For fiscal year 2009, the mean total per diem rate for	35270
all intermediate care facilities for the mentally retarded in the	35271
state, weighted by May 2008 Medicaid days and calculated as of	35272
July 1, 2008, shall not exceed ~~$271.46~~$274.98.	35273

(3) If the mean total per diem rate for all intermediate care	35274
facilities for the mentally retarded in the state for fiscal year	35275
2008 or 2009, weighted by Medicaid days as specified in division	35276
(B)(1) or (2) of this section, as appropriate, and calculated as	35277
of the first day of July of the calendar year in which the fiscal	35278
year begins, exceeds the amount specified in division (B)(1) or	35279
(2) of this section, as applicable, the Department of Job and	35280
Family Services shall reduce the total per diem rate for each	35281
intermediate care facility for the mentally retarded in the state	35282
by a percentage that is equal to the percentage by which the mean	35283
total per diem rate exceeds the amount specified in division	35284
(B)(1) or (2) of this section for that fiscal year.	35285

(4) Subsequent to any reduction required by division (B)(3)	35286
of this section, the rate of an intermediate care facility for the	35287
mentally retarded shall not be subject to any adjustments	35288
authorized by sections 5111.20 to 5111.33 of the Revised Code	35289
during the remainder of the year.	35290

(C) Not later than September 30, 2008, the Director of Job	35291
and Family Services shall submit an amendment to the state	35292
Medicaid plan to the United States Secretary of Health and Human	35293
Services as necessary to implement the amendments to this section.	35294
On receipt of the United States Secretary's approval of the	35295
amendment to the state Medicaid plan, the Director shall implement	35296
the amendments to this section retroactive to the effective date	35297
of the state Medicaid plan amendment.	35298

Sec. 309.30.41. ADDITIONAL COMPENSATION FOR NURSING FACILITY	35299
CAPITAL COSTS	35300

The foregoing appropriation item 600-529, Capital	35301
Compensation Program, shall be used to make payments to nursing	35302
facilities under ~~the section of this act entitled "FISCAL YEARS~~	35303
~~2008 AND 2009 PAYMENTS TO CERTAIN NURSING FACILITIES~~Section	35304
309.30.42 of Am. Sub. H.B. 119 of the 127th General Assembly."	35305

The unencumbered balance of appropriation item 600-529,	35306
Capital Compensation Program, at the end of fiscal year 2008 is	35307
hereby appropriated to appropriation item 600-525, Health	35308
Care/Medicaid, for fiscal year 2009 ~~for use under the same~~	35309
~~appropriation item~~. The Director of Budget and Management shall	35310
increase the state share of appropriations in appropriation item	35311
600-525, Health Care/Medicaid, by the amount of the unencumbered	35312
balance of appropriation item 600-529, Capital Compensation	35313
Program, with a corresponding increase in the federal share.	35314

Sec. 309.30.42. FISCAL ~~YEARS~~YEAR 2008 ~~AND 2009~~ PAYMENTS TO	35315
CERTAIN NURSING FACILITIES	35316

(A) As used in this section:

35317

"Capital costs," "cost of ownership," and "renovation" have	35318
the same meanings as in section 5111.20 of the Revised Code as	35319
that section existed on June 30, 2005.	35320

"Change of operator" has the same meaning as in section	35321
5111.65 of the Revised Code.	35322

"Inpatient days," "Medicaid days," and "nursing facility"	35323
have the same meanings as in section 5111.20 of the Revised Code.	35324

"Reviewable activity" has the same meaning as in section	35325
3702.51 of the Revised Code.	35326

(B) The following qualify for per diem payments under this	35327
section:	35328

(1) A nursing facility to which both of the following apply:

35329

(a) Both of the following occurred during fiscal year 2006,	35330
or 2007, or the first three quarters of fiscal year 2008:	35331

(i) The facility obtained certification as a nursing facility	35332
from the Director of Health.	35333

(ii) The facility began participating in the Medicaid	35334
program.	35335

(b) An application for a certificate of need for the nursing	35336
facility was filed with the Director of Health before June 15,	35337
2005.	35338

(2) A nursing facility to which all of the following apply:

35339

(a) The nursing facility does not qualify for a payment	35340
pursuant to division (B)(1) of this section.	35341

(b) The nursing facility, before ~~June 30~~March 31, 2008,	35342
completed a capital project for which a certificate of need was	35343
filed with the Director of Health before June 15, 2005, and for	35344
which at least one of the following occurred before July 1, 2005,	35345
or, if the capital project is undertaken to comply with rules	35346
adopted by the Public Health Council regarding resident room size	35347
or occupancy, before June 30, 2007:	35348

(i) Any materials or equipment for the capital project were	35349
delivered;	35350

(ii) Preparations for the physical site of the capital	35351
project, including, if applicable, excavation, began;	35352

(iii) Actual work on the capital project began.

35353

(c) The costs of the capital project are not fully reflected	35354
in the capital costs portion of the nursing facility's Medicaid	35355
reimbursement per diem rate on June 30, 2005.	35356

(d) The nursing facility files a three-month projected	35357
capital cost report with the Director of Job and Family Services	35358
not later than ninety days after the later of March 30, 2006, or	35359
the date the capital project is completed.	35360

(3) A nursing facility that, before ~~June 30~~March 31, 2008,	35361
completed an activity to which all of the following apply:	35362

(a) A request was filed with the Director of Health before	35363
July 1, 2005, for a determination of whether the activity is a	35364
reviewable activity and the Director determined that the activity	35365
is not a reviewable activity.	35366

(b) At least one of the following occurred before July 1,	35367
2005, or, if the nursing facility undertakes the activity to	35368
comply with rules adopted by the Public Health Council regarding	35369
resident room size or occupancy, before June 30, 2007:	35370

(i) Any materials or equipment for the activity were	35371
delivered.	35372

(ii) Preparations for the physical site of the activity,	35373
including, if applicable, excavation, began.	35374

(iii) Actual work on the activity began.

35375

(c) The costs of the activity are not fully reflected in the	35376
capital costs portion of the nursing facility's Medicaid	35377
reimbursement per diem rate on June 30, 2005.	35378

(d) The nursing facility files a three-month projected	35379
capital cost report with the Director of Job and Family Services	35380
not later than ninety days after the later of March 30, 2006, or	35381
the date the activity is completed.	35382

(4) A nursing facility that, before ~~June 30~~March 31, 2008,	35383
completed a renovation to which all of the following apply:	35384

(a) The Director of Job and Family Services approved the	35385
renovation before July 1, 2005.	35386

(b) At least one of the following occurred before July 1,	35387
2005, or, if the nursing facility undertakes the renovation to	35388
comply with rules adopted by the Public Health Council regarding	35389
resident room size or occupancy, before June 30, 2007:	35390

(i) Any materials or equipment for the renovation were	35391
delivered.	35392

(ii) Preparations for the physical site of the renovation,	35393
including, if applicable, excavation, began.	35394

(iii) Actual work on the renovation began.

35395

(c) The costs of the renovation are not fully reflected in	35396
the capital costs portion of the nursing facility's Medicaid	35397
reimbursement per diem rate on June 30, 2005.	35398

(d) The nursing facility files a three-month projected	35399
capital cost report with the Director of Job and Family Services	35400
not later than ninety days after the later of March 30, 2006, or	35401
the date the renovation is completed.	35402

(C) If a nursing facility qualifies for per diem payments	35403
pursuant to division (B)(1) of this section ~~for fiscal year 2008~~,	35404
the nursing facility's per diem payments under this section ~~for~~	35405
~~fiscal year 2008~~ shall equal the difference between the capital	35406
costs portion of the nursing facility's Medicaid reimbursement per	35407
diem rate determined under Section 309.30.20 of ~~this act~~Am. Sub.	35408
H.B. 119 of the 127th General Assembly or, if that section does	35409
not apply to the nursing facility, the capital costs portion of	35410
the nursing facility's initial rate established under section	35411
5111.254 of the Revised Code and the lesser of the following:	35412

(1) Eighty-eight and sixty-five hundredths per cent of the	35413
nursing facility's cost of ownership as reported on a three-month	35414
projected capital cost report divided by the greater of the number	35415
of inpatient days the nursing facility is expected to have during	35416
the period covered by the projected capital cost report or the	35417
number of inpatient days the nursing facility would have during	35418
that period if the nursing facility's occupancy rate was eighty	35419
per cent.	35420

(2) The maximum capital per diem rate in effect for fiscal	35421
year 2005 for nursing facilities.	35422

(D) ~~If a nursing facility qualifies for per diem payments~~	35423
~~pursuant to division (B)(1) of this section for fiscal year 2009,~~	35424
~~the nursing facility's per diem payments under this section for~~	35425
~~fiscal year 2009 shall equal the difference between the capital~~	35426
~~costs portion of the nursing facility's Medicaid reimbursement per~~	35427
~~diem rate determined under Section 309.30.30 of this act and the~~	35428
~~lesser of the following:~~	35429

~~(1) Eighty-eight and sixty-five hundredths per cent of the~~	35430
~~nursing facility's cost of ownership as reported on a three-month~~	35431
~~projected capital cost report divided by the greater of the number~~	35432
~~of inpatient days the nursing facility is expected to have during~~	35433
~~the period covered by the projected capital cost report or the~~	35434
~~number of inpatient days the nursing facility would have during~~	35435
~~that period if the nursing facility's occupancy rate was eighty~~	35436
~~per cent.~~	35437

~~(2) The maximum capital per diem rate in effect for fiscal~~	35438
~~year 2005 for nursing facilities.~~	35439

~~(E)~~ The per diem payments paid ~~for fiscal year 2008~~ to a	35440
nursing facility that qualifies for the payments pursuant to	35441
division (B)(2) or (3) of this section shall equal the difference	35442
between the capital costs portion of the nursing facility's	35443
Medicaid reimbursement per diem rate determined under Section	35444
309.30.20 of ~~this act~~Am. Sub. H.B. 119 of the 127th General	35445
Assembly and the lesser of the following:	35446

(1) Eighty-eight and sixty-five hundredths per cent of the	35447
nursing facility's cost of ownership as reported on a three-month	35448
projected capital cost report divided by the greater of the number	35449
of inpatient days the nursing facility is expected to have during	35450
the period covered by the projected capital cost report or the	35451
number of inpatient days the nursing facility would have during	35452
that period if the nursing facility's occupancy rate was	35453
ninety-five per cent.	35454

(2) The maximum capital per diem rate in effect for fiscal	35455
year 2005 for nursing facilities.	35456

~~(F) The per diem payments paid for fiscal year 2009 to a~~	35457
~~nursing facility that qualifies for the payments pursuant to~~	35458
~~division (B)(2) or (3) of this section shall equal the difference~~	35459
~~between the capital costs portion of the nursing facility's~~	35460
~~Medicaid reimbursement per diem rate determined under Section~~	35461
~~309.30.30 of this act and the lesser of the following:~~	35462

~~(1) Eighty-eight and sixty-five hundredths per cent of the~~	35463
~~nursing facility's cost of ownership as reported on a three-month~~	35464
~~projected capital cost report divided by the greater of the number~~	35465
~~of inpatient days the nursing facility is expected to have during~~	35466
~~the period covered by the projected capital cost report or the~~	35467
~~number of inpatient days the nursing facility would have during~~	35468
~~that period if the nursing facility's occupancy rate was~~	35469
~~ninety-five per cent.~~	35470

~~(2) The maximum capital per diem rate in effect for fiscal~~	35471
~~year 2005 for nursing facilities.~~	35472

~~(G)~~(E) The per diem payments paid to a nursing facility that	35473
qualifies for the payments pursuant to division (B)(4) of this	35474
section shall equal eighty-five per cent of the nursing facility's	35475
capital costs for the renovation as reported on a three-month	35476
projected capital cost report divided by the greater of the number	35477
of inpatient days the nursing facility is expected to have during	35478
the period covered by the projected capital cost report or the	35479
number of inpatient days the nursing facility would have during	35480
that period if the nursing facility's occupancy rate was	35481
ninety-five per cent.	35482

~~(H)~~(F) All of the following apply to the per diem payments	35483
made under this section:	35484

(1) ~~All nursing facilities' eligibility for the payments~~	35485
~~shall cease at the earlier of the following:~~	35486

~~(a) July 1, 2009;~~

35487

~~(b) The date that the total amount of the payments equals~~	35488
~~seven million dollars.~~	35489

~~(2) The payments made for the last quarter that the payments~~	35490
~~are made may be reduced proportionately as necessary to avoid~~	35491
~~spending more than seven million dollars under this section.~~	35492

~~(3) The~~Subject to the following, the per diem payments shall	35493
be made for ~~quarterly periods~~only the first three quarters of	35494
fiscal year 2008 by multiplying the per diem determined for a	35495
nursing facility by the number of Medicaid days the nursing	35496
facility has for the ~~quarter~~quarters for which the payment is	35497
made:	35498

(a) Not more than a total of four million two hundred	35499
thousand dollars may be spent on the payments.	35500

(b) The payments may be reduced proportionately as necessary	35501
to avoid spending more than four million two hundred thousand	35502
dollars under this section.	35503

~~(4)~~(2) Any per diem payments to be made to a nursing facility	35504
~~for a quarter ending before July 2008~~under this section shall be	35505
made not later than ~~September~~June 30, 2008.	35506

~~(5) Any per diem payments to be made to a nursing facility~~	35507
~~for a quarter beginning after June 2008 shall be made not later~~	35508
~~than three months after the last day of the quarter for which the~~	35509
~~payments are made.~~	35510

~~(6)~~(3) A change of operator shall not cause the payments to a	35511
nursing facility to ~~cease~~not be made.	35512

~~(7)~~(4) The payments shall only be made to a nursing facility	35513
for the first three quarters ~~during~~of fiscal ~~years~~year 2008 ~~and~~	35514
~~2009~~ for which the nursing facility has a valid Medicaid	35515
provider agreement.	35516

~~(8)~~(5) The payments shall be in addition to a nursing	35517
facility's Medicaid reimbursement per diem rate calculated under	35518
Section 309.30.20 ~~or 309.30.30~~ of ~~this act~~Am. Sub. H.B. 119 of	35519
the 127th General Assembly.	35520

~~(I)~~(G) The Director of Job and Family Services shall monitor,	35521
~~on a quarterly basis,~~ the per diem payments made to nursing	35522
facilities under this section to ensure that not more than a	35523
total of ~~seven~~four million two hundred thousand dollars is spent	35524
under this section.	35525

~~(J)~~(H) The determinations that the Director of Job and Family	35526
Services makes under this section are not subject to appeal under	35527
Chapter 119. of the Revised Code.	35528

~~(K)~~(I) The Director of Job and Family Services may adopt	35529
rules in accordance with Chapter 119. of the Revised Code as	35530
necessary to implement this section. The Director's failure to	35531
adopt the rules does not affect the requirement that the per diem	35532
payments be made under this section.	35533

Sec. 309.40.33. CHILD SUPPORT COLLECTIONS/TANF MOE

35534

The foregoing appropriation item 600-658, Child Support	35535
Collections, shall be used by the Department of Job and Family	35536
Services to meet the TANF maintenance of effort requirements of 42	35537
U.S.C. 609(a)(7). When the state is assured that it will meet the	35538
maintenance of effort requirement, the Department of Job and	35539
Family Services may use funds from appropriation item 600-658,	35540
Child Support Collections, to support ~~child support~~public	35541
assistance activities.	35542

Sec. 337.30. COMMUNITY SERVICES

35543

General Revenue Fund	35544

GRF	322-413	Residential and Support Services	$	6,753,881	$	6,753,881	35545
GRF	322-416	Medicaid Waiver - State Match	$	109,551,380	$	109,551,380	35546
GRF	322-451	Family Support Services	$	6,938,898	$	6,938,898	35547
GRF	322-501	County Boards Subsidies	$	87,270,048	$	87,270,048	35548
GRF	322-503	Tax Equity	$	14,000,000	$	14,000,000	35549
GRF	322-504	Martin Settlement	$	6,159,766	$	29,036,451	35550
TOTAL GRF General Revenue Fund			$	230,673,973	$	253,550,658	35551

General Services Fund Group	35552

488	322-603	Provider Audit Refunds	$	10,000	$	10,000	35553
5MO	322-628	Martin Settlement	$	150,000	$	0	35554
TOTAL GSF General Services							35555
Fund Group			$	160,000	$	10,000	35556

Federal Special Revenue Fund Group	35557

3G6	322-639	Medicaid Waiver - Federal	$	456,311,171	$	506,618,829	35558
3M7	322-650	CAFS Medicaid	$	4,278,713	$	0	35559
325	322-612	Community Social Service Programs	$	11,186,114	$	11,164,639	35560
TOTAL FED Federal Special Revenue							35561
Fund Group			$	471,775,998	$	517,783,468	35562

State Special Revenue Fund Group	35563

4K8	322-604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	35564
5DJ	322-625	Targeted Case Management Match	$	11,082,857	$	11,470,757	35565
5DJ	322-626	Targeted Case Management Services	$	27,548,737	$	28,512,943	35566
5EV	322-627	Program Fees	$	20,000	$	20,000	35567
5H0	322-619	Medicaid Repayment	$	10,000	$	10,000	35568
5Z1	322-624	County Board Waiver Match	$	116,000,000	$	126,000,000	35569
5CT	322-632	Intensive Behavioral Needs	$	0	$	1,000,000	35570
TOTAL SSR State Special Revenue							35571
Fund Group			$	166,661,594	$	~~178,013,700~~ 179,013,700	35572
TOTAL ALL COMMUNITY SERVICES							35573
BUDGET FUND GROUPS			$	869,271,565	$	~~949,357,826~~ 950,357,826	35574

Sec. 337.30.43. TAX EQUITY

35576

Notwithstanding section 5126.18 of the Revised Code, ~~if a~~	35577
~~county board of mental retardation and developmental disabilities~~	35578
~~received a tax equity payment in fiscal year 2007, but would not~~	35579
~~receive such a payment in fiscal years 2008 and 2009, the~~	35580
~~Department of Mental Retardation and Developmental Disabilities~~	35581
~~shall use the foregoing appropriation item 322-503, Tax Equity, to~~	35582
~~pay each such board in each fiscal year of the biennium an amount~~	35583
~~that is equal to the tax equity payment the board received in~~	35584
~~fiscal year 2007 or $25,000, whichever is less. The Department~~	35585
~~shall use the remainder of the appropriation item to make tax~~	35586
~~equity payments in accordance with section 5126.18 of the Revised~~	35587
~~Code~~for fiscal year 2009, if the Department of Mental Retardation	35588
and Developmental Disabilities determines that sufficient funds	35589
are available, the Department shall use the foregoing	35590
appropriation item 322-503, Tax Equity, to pay each county board	35591
of mental retardation and developmental disabilities an amount	35592
that is equal to the amount the board received for fiscal year	35593
2008. If the Department determines that there are not sufficient	35594
funds available in the appropriation item for this purpose, the	35595
Department shall pay to each county board an amount that is	35596
proportionate to the amount the board received for fiscal year	35597
2008. Proportionality shall be determined by dividing the total	35598
tax equity payments distributed to county boards for fiscal year	35599
2008 by the tax equity payment a county board received for fiscal	35600
year 2008.	35601

Sec. 337.40. RESIDENTIAL FACILITIES

35602

General Revenue Fund	35603

GRF	323-321		Developmental Center and Residential Facilities Operation Expenses		$	102,796,851		$	102,796,851		35604
TOTAL GRF General Revenue Fund					$	102,796,851		$	102,796,851		35605

General Services Fund Group	35606

152	323-609	Developmental Center and Residential Operating Services	$	912,177	$	912,177	35607
TOTAL GSF General Services							35608
Fund Group			$	912,177	$	912,177	35609

Federal Special Revenue Fund Group	35610

3A4	323-605	Developmental Center and Residential Facility Services and Support	$	136,299,536	$	137,555,308	35611
TOTAL FED Federal Special Revenue							35612
Fund Group			$	136,299,536	$	137,555,308	35613

State Special Revenue Fund Group	35614

221	322-620	Supplement Service Trust	$	150,000	$	150,000	35615
489	323-632	Developmental Center Direct Care Support	$	14,543,764	$	14,671,616	35616
TOTAL SSR State Special Revenue							35617
Fund Group			$	14,693,764	$	14,821,616	35618
TOTAL ALL RESIDENTIAL FACILITIES							35619
BUDGET FUND GROUPS			$	254,702,328	$	256,085,952	35620

DEPARTMENT TOTAL					35621
GENERAL REVENUE FUND	$	369,669,156	$	389,282,941	35622
DEPARTMENT TOTAL					35623
GENERAL SERVICES FUND GROUP	$	1,172,177	$	1,022,177	35624
DEPARTMENT TOTAL					35625
FEDERAL SPECIAL REVENUE FUND GROUP	$	610,780,538	$	658,082,406	35626
DEPARTMENT TOTAL					35627
STATE SPECIAL REVENUE FUND GROUP	$	192,359,213	$	~~204,307,651~~ 205,307,651	35628
TOTAL DEPARTMENT OF MENTAL					35629
RETARDATION AND DEVELOPMENTAL					35630
DISABILITIES	$	1,173,981,084	$	~~1,252,695,175~~ 1,253,695,175	35631

Sec. 337.40.15. GALLIPOLIS DEVELOPMENTAL CENTER PILOT	35633
PROGRAM	35634

The Director of Mental Retardation and Developmental	35635
Disabilities shall establish~~, as part of the Individual Options~~	35636
~~Medicaid Waiver program,~~ a pilot program ~~to be operated~~ during	35637
calendar year 2009 under which the Gallipolis Developmental	35638
Center ~~provides home and community-based services under the~~	35639
~~Individual Options Medicaid waiver program to not more than ten~~	35640
~~individuals at one time~~operates an intermediate care facility for	35641
the mentally retarded with eight beds at a site separate from the	35642
grounds of the developmental center. The Gallipolis Developmental	35643
Center may operate the intermediate care facility for the mentally	35644
retarded notwithstanding section 5123.196 of the Revised Code.	35645
Money shall be expended on the pilot program beginning in the	35646
first half of calendar year 2009.	35647

~~The pilot program shall be operated in a manner consistent~~	35648
~~with the terms of the consent order filed March 5, 2007, in~~ ~~Martin~~	35649
~~v. Strickland, Case No. 89-CV-00362, in the United States District~~	35650
~~Court for the Southern District of Ohio, Eastern Division. The~~	35651
~~pilot program also shall be operated in accordance with the~~	35652
~~federal Medicaid waiver authorizing the Individual Options~~	35653
~~Medicaid waiver program. Only individuals eligible for the~~	35654
~~Individual Options Medicaid waiver program who volunteer to~~	35655
~~receive home and community-based services under the Individual~~	35656
~~Options Medicaid waiver program from the Gallipolis Developmental~~	35657
~~Center may participate in the pilot program.~~ The Director of	35658
Mental Retardation and Developmental Disabilities and the	35659
Director of Job and Family Services shall provide the Gallipolis	35660
Developmental Center technical assistance ~~the Center needs~~	35661
regarding the pilot program.	35662

~~All expenses the Gallipolis Developmental Center incurs in~~	35663
~~participating in the pilot program shall be paid from the~~	35664
~~Medicaid payments the Center receives for providing home and~~	35665
~~community-based services under the program.~~	35666

The Director of Mental Retardation and Developmental	35667
Disabilities shall conduct an evaluation of the pilot program,	35668
including an evaluation of the quality and effectiveness of the	35669
~~home and community-based~~ services the Gallipolis Developmental	35670
Center provides under the pilot program. The Director shall submit	35671
a report of the evaluation to the Governor and the General	35672
Assembly not later than April 1, 2010. The Director shall include	35673
in the report recommendations ~~for or against permitting the~~	35674
~~Gallipolis Developmental Center to continue to provide home and~~	35675
~~community-based services under the Individual Options Medicaid~~	35676
~~waiver program and permitting other developmental centers to begin~~	35677
~~to provide these services~~regarding the continuation of the pilot	35678
program and whether other developmental centers should be	35679
permitted to establish and operate intermediate care facilities	35680
for the mentally retarded at sites separate from the grounds of	35681
the developmental centers.	35682

Sec. 369.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

35683

General Services Fund Group	35684

5F6	870-622	Utility and Railroad Regulation	$	32,820,027	$	33,804,627	35685
5F6	870-624	NARUC/NRRI Subsidy	$	158,000	$	158,000	35686
5F6	870-625	Motor Transportation Regulation	$	4,635,413	$	4,772,765	35687
TOTAL GSF General Services							35688
Fund Group			$	37,613,440	$	38,735,392	35689

Federal Special Revenue Fund Group	35690

3V3	870-604	Commercial Vehicle Information Systems/Networks	$	300,000	$	300,000	35691
333	870-601	Gas Pipeline Safety	$	597,957	$	597,959	35692
350	870-608	Motor Carrier Safety	$	7,137,534	$	7,351,660	35693
TOTAL FED Federal Special Revenue							35694
Fund Group			$	8,035,491	$	8,249,619	35695

State Special Revenue Fund Group	35696

4A3	870-614	Grade Crossing Protection Devices-State	$	1,349,757		$	1,349,757	35697
4L8	870-617	Pipeline Safety-State	$	187,621		$	187,621	35698
4S6	870-618	Hazardous Material Registration	$	464,325		$	464,325	35699
4S6	870-621	Hazardous Materials Base State Registration	$	373,346		$	373,346	35700
4U8	870-620	Civil Forfeitures	$	284,986		$	284,986	35701
5BP	870-623	Wireless 9-1-1 Administration	$	26,875,000		$	13,375,000	35702
5Q5	870-626	Telecommunication Relay Service	$	0		$	5,000,000	35703
559	870-605	Public Utilities Territorial Administration	$	4,000		$	4,000	35704
560	870-607	Public Utilities Investigations	$	100,000		$	100,000	35705
561	870-606	Power Siting Board	$	404,651		$	404,652	35706
638	870-611	Biomass Energy Program	$	40,000		$	40,000	35707
661	870-612	Hazardous Materials Transportation	$	900,000		$	900,000	35708
TOTAL SSR State Special Revenue								35709
Fund Group			$	30,983,686		$	~~17,483,687~~	35710
			22,483,687		35711

Agency Fund Group	35712

4G4	870-616	Base State Registration Program	$	2,000,000		$	0	35713
TOTAL AGY Agency Fund Group			$	2,000,000		$	0	35714
TOTAL ALL BUDGET FUND GROUPS			$	78,632,617		$	~~64,468,698~~	35715
			69,468,698		35716

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT

35717

The fund created by section 4923.26 of the Revised Code is	35718
the same fund, with a new name, as the Commercial Vehicle	35719
Information Systems and Networks Fund (Fund 3V3).	35720

ENHANCED AND WIRELESS ENHANCED 9-1-1

35721

The foregoing appropriation item 870-623, Wireless 9-1-1	35722
Administration, shall be used pursuant to section 4931.63 of the	35723
Revised Code.	35724

TELECOMMUNICATIONS RELAY SERVICE FUNDING

35725

The Telecommunications Relay Service Fund is hereby created	35726
in the state treasury. The vendor selected to provide	35727
telecommunications relay service in Ohio, as required by 47 C.F.R.	35728
64.601, shall submit an invoice to the Public Utilities Commission	35729
by January 31, 2009, for costs it has incurred in providing the	35730
service during calendar year 2008. The Public Utilities Commission	35731
shall notify the Director of Budget and Management of the amount	35732
invoiced, and the Director of Budget and Management shall transfer	35733
that amount from the Public Utilities Fund (Fund 5F6) to the	35734
Telecommunications Relay Service Fund on or before February 28,	35735
2009. The amount transferred shall be used to pay the	35736
telecommunications relay service vendor the amount invoiced. This	35737
amount is hereby appropriated.	35738

Sec. 375.10. BOR BOARD OF REGENTS

35739

General Revenue Fund	35740

GRF	235-321	Operating Expenses	$	3,141,351	$	3,141,351	35741
GRF	235-401	Lease Rental Payments	$	203,177,900	$	136,017,500	35742
GRF	235-402	Sea Grants	$	300,000	$	300,000	35743
GRF	235-406	Articulation and Transfer	$	2,900,000	$	2,900,000	35744
GRF	235-408	Midwest Higher Education Compact	$	95,000	$	95,000	35745
GRF	235-409	Information System	$	1,175,172	$	1,175,172	35746
GRF	235-414	State Grants and Scholarship Administration	$	1,707,881	$	1,707,881	35747
GRF	235-415	Jobs Challenge	$	9,348,300	$	9,348,300	35748
GRF	235-417	Ohio Learning Network	$	3,119,496	$	3,119,496	35749
GRF	235-418	Access Challenge	$	66,585,769	$	66,585,769	35750
GRF	235-420	Success Challenge	$	53,653,973	$	53,653,973	35751
GRF	235-428	Appalachian New Economy Partnership	$	1,176,068	$	1,176,068	35752
GRF	235-433	Economic Growth Challenge	$	17,186,194	$	17,186,194	35753
GRF	235-434	College Readiness and Access	$	12,655,425	$	12,655,425	35754
GRF	235-435	Teacher Improvement Initiatives	$	4,797,506	$	11,297,506	35755
GRF	235-436	AccelerateOhio	$	1,250,000	$	2,500,000	35756
GRF	235-438	Choose Ohio First Scholarship	$	50,000,000	$	50,000,000	35757
GRF	235-439	Ohio Research Scholars	$	30,000,000	$	0	35758
GRF	235-451	Eminent Scholars	$	0	$	1,000,000	35759
GRF	235-455	EnterpriseOhio Network	$	1,373,941	$	1,373,941	35760
GRF	235-474	Area Health Education Centers Program Support	$	1,571,756	$	1,571,756	35761
GRF	235-501	State Share of Instruction	$	1,678,877,952	$	1,842,965,747	35762
GRF	235-502	Student Support Services	$	795,790	$	795,790	35763
GRF	235-503	Ohio Instructional Grants	$	42,533,966	$	18,315,568	35764
GRF	235-504	War Orphans Scholarships	$	4,812,321	$	4,812,321	35765
GRF	235-507	OhioLINK	$	7,387,824	$	7,387,824	35766
GRF	235-508	Air Force Institute of Technology	$	2,050,345	$	2,050,345	35767
GRF	235-510	Ohio Supercomputer Center	$	4,271,195	$	4,271,195	35768
GRF	235-511	Cooperative Extension Service	$	26,273,260	$	26,273,260	35769
GRF	235-513	Ohio University Voinovich Center	$	669,082	$	669,082	35770
GRF	235-514	Central State Supplement	$	11,756,414	$	12,109,106	35771
GRF	235-515	Case Western Reserve University School of Medicine	$	3,011,271	$	3,011,271	35772
GRF	235-518	Capitol Scholarship Program	$	125,000	$	125,000	35773
GRF	235-519	Family Practice	$	4,548,470	$	4,548,470	35774
GRF	235-520	Shawnee State Supplement	$	2,502,323	$	2,577,393	35775
GRF	235-521	The Ohio State University John Glenn School of Public Affairs	$	619,082	$	619,082	35776
GRF	235-524	Police and Fire Protection	$	171,959	$	171,959	35777
GRF	235-525	Geriatric Medicine	$	750,110	$	750,110	35778
GRF	235-526	Primary Care Residencies	$	2,245,688	$	2,245,688	35779
GRF	235-527	Ohio Aerospace Institute	$	1,764,957	$	1,764,957	35780
GRF	235-530	Academic Scholarships	$	7,800,000	$	7,800,000	35781
GRF	235-531	Student Choice Grants	$	38,485,376	$	38,485,376	35782
GRF	235-535	Ohio Agricultural Research and Development Center	$	37,174,292	$	37,174,292	35783
GRF	235-536	The Ohio State University Clinical Teaching	$	13,565,885	$	13,565,885	35784
GRF	235-537	University of Cincinnati Clinical Teaching	$	11,157,756	$	11,157,756	35785
GRF	235-538	University of Toledo Clinical Teaching	$	8,696,866	$	8,696,866	35786
GRF	235-539	Wright State University Clinical Teaching	$	4,225,107	$	4,225,107	35787
GRF	235-540	Ohio University Clinical Teaching	$	4,084,540	$	4,084,540	35788
GRF	235-541	Northeastern Ohio Universities College of Medicine Clinical Teaching	$	4,200,945	$	4,200,945	35789
GRF	235-543	Ohio College of Podiatric Medicine Clinic Subsidy	$	100,000	$	100,000	35790
GRF	235-547	School of International Business	$	450,000	$	650,000	35791
GRF	235-552	Capital Component	$	~~19,306,442~~ 19,789,868	$	~~19,306,442~~ 19,789,868	35792
GRF	235-553	Dayton Area Graduate Studies Institute	$	2,931,599	$	2,931,599	35793
GRF	235-554	Priorities in Collaborative Graduate Education	$	2,355,548	$	2,355,548	35794
GRF	235-555	Library Depositories	$	1,696,458	$	1,696,458	35795
GRF	235-556	Ohio Academic Resources Network	$	3,727,223	$	3,727,223	35796
GRF	235-558	Long-term Care Research	$	461,047	$	461,047	35797
GRF	235-561	Bowling Green State University Canadian Studies Center	$	100,015	$	100,015	35798
GRF	235-563	Ohio College Opportunity Grant	$	139,974,954	$	151,113,781	35799
GRF	235-567	Central State University Speed to Scale	$	4,400,000	$	3,800,000	35800
GRF	235-571	James A. Rhodes Scholarship	$	10,000,000	$	0	35801
GRF	235-572	The Ohio State University Clinic Support	$	1,277,019	$	1,277,019	35802
GRF	235-573	Ohio Humanities Council	$	25,000	$	25,000	35803
GRF	235-583	Urban University Program	$	5,825,937	$	5,825,937	35804
GRF	235-587	Rural University Projects	$	1,159,889	$	1,159,889	35805
GRF	235-596	Hazardous Materials Program	$	360,435	$	360,435	35806
GRF	235-599	National Guard Scholarship Program	$	16,611,063	$	16,611,063	35807
GRF	235-909	Higher Education General Obligation Debt Service	$	172,722,400	$	208,747,200	35808
TOTAL GRF General Revenue Fund			$	~~2,773,258,537~~ 2,773,741,963	$	~~2,861,908,923~~ 2,862,392,349	35809

General Services Fund Group	35810

220	235-614	Program Approval and Reauthorization	$	800,000	$	800,000	35811
456	235-603	Sales and Services	$	700,000	$	700,000	35812
TOTAL GSF General Services							35813
Fund Group			$	1,500,000	$	1,500,000	35814

Federal Special Revenue Fund Group	35815

3BG	235-626	Star Schools	$	2,980,865	$	2,990,746	35816
3H2	235-608	Human Services Project	$	3,000,000	$	3,000,000	35817
3H2	235-622	Medical Collaboration Network	$	3,346,144	$	3,346,144	35818
3N6	235-605	State Student Incentive Grants	$	2,196,680	$	2,196,680	35819
3T0	235-610	National Health Service Corps - Ohio Loan Repayment	$	250,000	$	250,000	35820
312	235-609	Tech Prep	$	183,850	$	183,850	35821
312	235-611	Gear-up Grant	$	3,300,000	$	3,300,000	35822
312	235-612	Carl D. Perkins Grant/Plan Administration	$	112,960	$	112,960	35823
312	235-617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	35824
312	235-621	Science Education Network	$	1,686,970	$	1,686,970	35825
TOTAL FED Federal Special Revenue							35826
Fund Group			$	20,257,469	$	20,267,350	35827

State Special Revenue Fund Group	35828

4E8	235-602	Higher Educational Facility Commission Administration	$	50,000	$	45,000	35829
4P4	235-604	Physician Loan Repayment	$	476,870	$	~~476,870~~ 0	35830
649	235-607	The Ohio State University Highway/Transportation Research	$	760,000	$	760,000	35831
682	235-606	Nursing Loan Program	$	893,000	$	893,000	35832
5DT	235-627	American Diploma Project	$	250,000	$	0	35833
TOTAL SSR State Special Revenue							35834
Fund Group			$	2,429,870	$	~~2,174,870~~ 1,698,000	35835
TOTAL ALL BUDGET FUND GROUPS			$	~~2,797,445,876~~ 2,797,929,302	$	~~2,885,851,143~~ 2,885,857,699	35836

Sec. 379.10. RSC REHABILITATION SERVICES COMMISSION

35838

General Revenue Fund	35839

GRF	415-100	Personal Services	$	8,851,468	$	8,851,468	35840
GRF	415-402	Independent Living Council	$	450,000	$	450,000	35841
GRF	415-406	Assistive Technology	$	47,531	$	47,531	35842
GRF	415-431	Office for People with Brain Injury	$	226,012	$	226,012	35843
GRF	415-506	Services for People with Disabilities	$	16,959,541	$	17,259,541	35844
GRF	415-508	Services for the Deaf	$	50,000	$	50,000	35845
TOTAL GRF General Revenue Fund			$	26,584,552	$	26,884,552	35846

General Services Fund Group	35847

4W5	415-606	Program Management Expenses	$	18,123,188	$	18,557,040	35848
467	415-609	Business Enterprise Operating Expenses	$	1,632,082	$	1,632,082	35849
TOTAL GSF General Services							35850
Fund Group			$	19,755,270	$	20,189,122	35851

Federal Special Revenue Fund Group	35852

3L1	415-601	Social Security Personal Care Assistance	$	3,743,740	$	3,743,740	35853
3L1	415-605	Social Security Community Centers for the Deaf	$	750,000	$	750,000	35854
3L1	415-608	Social Security Vocational Rehabilitation	$	1,506,260	$	1,506,260	35855
3L4	415-612	Federal Independent Living Centers or Services	$	648,908	$	648,908	35856
3L4	415-615	Federal - Supported Employment	$	884,451	$	796,006	35857
3L4	415-617	Independent Living/Vocational Rehabilitation Programs	$	1,490,944	$	1,490,944	35858
317	415-620	Disability Determination	$	82,808,006	$	87,546,215	35859
379	415-616	Federal - Vocational Rehabilitation	$	122,484,545	$	123,638,578	35860
TOTAL FED Federal Special							35861
Revenue Fund Group			$	214,316,854	$	220,120,651	35862

State Special Revenue Fund Group	35863

4L1	415-619	Services for Rehabilitation	$	3,765,337	$	4,500,000	35864
468	415-618	Third Party Funding	$	906,910	$	906,910	35865
TOTAL SSR State Special							35866
Revenue Fund Group			$	4,672,247	$	5,406,910	35867
TOTAL ALL BUDGET FUND GROUPS			$	265,328,923	$	272,601,235	35868

INDEPENDENT LIVING COUNCIL

35869

The foregoing appropriation item 415-402, Independent Living	35870
Council, shall be used to fund the operations of the State	35871
Independent Living Council and shall be used to support state	35872
independent living centers and independent living services under	35873
Title VII of the Independent Living Services and Centers for	35874
Independent Living of the Rehabilitation Act Amendments of 1992,	35875
106 Stat. 4344, 29 U.S.C. 796d.	35876

OFFICE FOR PEOPLE WITH BRAIN INJURY

35877

Of the foregoing appropriation item 415-431, Office for	35878
People with Brain Injury, up to $50,000 in each fiscal year shall	35879
be used for the state match for a federal grant awarded through	35880
the Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to	35881
$50,000 in each fiscal year shall be provided to the Brain Injury	35882
Trust Fund. The remaining appropriation shall be used to plan and	35883
coordinate head-injury-related services provided by state agencies	35884
and other government or private entities, to assess the needs for	35885
such services, and to set priorities in this area.	35886

VOCATIONAL REHABILITATION SERVICES

35887

The foregoing appropriation item 415-506, Services for People	35888
with Disabilities, shall be used as state matching funds to	35889
provide vocational rehabilitation services to eligible consumers.	35890

SERVICES FOR THE DEAF

35891

The foregoing appropriation item 415-508, Services for the	35892
Deaf, shall be used to provide grants to community centers for the	35893
deaf. These funds shall not be provided in lieu of Social Security	35894
reimbursement funds.	35895

PROGRAM MANAGEMENT EXPENSES

35896

The foregoing appropriation item 415-606, Program Management	35897
Expenses, shall be used to support the administrative functions of	35898
the commission related to the provision of vocational	35899
rehabilitation, disability determination services, and ancillary	35900
programs.	35901

NATIONAL ACCREDITATION COMPLIANCE

35902

Of the foregoing appropriation item 415-616, Federal –	35903
Vocational Rehabilitation, ~~$125,000 in each fiscal year~~$250,000	35904
over the biennium shall be used to establish and implement a	35905
Community Rehabilitation Program national accreditation	35906
compliance and monitoring program administered by the Ohio	35907
Association of Rehabilitation Facilities.	35908

Not later than 30 days after the effective date of this	35909
amendment, the Rehabilitation Services Commission shall enter into	35910
a contract or other agreement that complies with 34 CRF 361.3(b)	35911
and 34 CRF 361.5(b)(2) with the Ohio Association of Rehabilitation	35912
Facilities and convey the funds to establish and implement the	35913
Community Rehabilitation Program national accreditation compliance	35914
and monitoring program.	35915

CLEVELAND SIGHT CENTER

35916

Of the foregoing appropriation item 415-616, Federal –	35917
Vocational Rehabilitation, $100,000 in each fiscal year shall be	35918
provided to the Cleveland Sight Center for Technology Initiative	35919
to purchase adaptive technology and software for the employment of	35920
Ohioans who are blind or visually impaired.	35921

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

35922

The foregoing appropriation item 415-617, Independent	35923
Living/Vocational Rehabilitation Programs, shall be used to	35924
support vocational rehabilitation programs.	35925

SOCIAL SECURITY REIMBURSEMENT FUNDS

35926

Reimbursement funds received from the Social Security	35927
Administration, United States Department of Health and Human	35928
Services, for the costs of providing services and training to	35929
return disability recipients to gainful employment shall be used	35930
in the Social Security Reimbursement Fund (Fund 3L1), to the	35931
extent funds are available, as follows:	35932

(A) Appropriation item 415-601, Social Security Personal Care	35933
Assistance, to provide personal care services in accordance with	35934
section 3304.41 of the Revised Code;	35935

(B) Appropriation item 415-608, Social Security Vocational	35936
Rehabilitation, to provide vocational rehabilitation services to	35937
individuals with severe disabilities who are Social Security	35938
beneficiaries, to enable them to achieve competitive employment.	35939
This appropriation item also includes funds to assist the Personal	35940
Care Assistance Program to pay its share of indirect costs as	35941
mandated by federal OMB Circular A-87.	35942

PERFORMANCE AUDIT

35943

The Auditor of State shall complete a performance audit of	35944
the Rehabilitation Services Commission. Upon completing the	35945
performance audit, the Auditor of State shall submit a report of	35946
the findings of the audit to the Governor, the President of the	35947
Senate, the Speaker of the House of Representatives, and the Board	35948
of Rehabilitation Services Commission. Expenses incurred by the	35949
Auditor of State to conduct the performance audit shall be	35950
reimbursed by the Rehabilitation Services Commission.	35951

INTERNAL REVIEW

35952

The Administrator of the Rehabilitation Services Commission	35953
shall consult with the Director of Budget and Management and	35954
representatives of local rehabilitation services agencies to	35955
conduct an internal review of policies and procedures to increase	35956
efficiency and identify and eliminate duplicative practices. Any	35957
savings identified as a result of the internal review or the	35958
performance audit conducted by the Auditor of State shall be used	35959
for community-based care.	35960

The Administrator of the Rehabilitation Services Commission	35961
shall seek Controlling Board approval before expending any funds	35962
identified as a result of the internal review or the performance	35963
audit.	35964

Sec. 393.10. SOS SECRETARY OF STATE

35965

General Revenue Fund	35966

GRF	050-321	Operating Expenses	$	2,585,000	$	2,585,000	35967
GRF	050-403	Election Statistics	$	103,936	$	103,936	35968
GRF	050-407	Pollworkers Training	$	277,997	$	277,997	35969
GRF	050-409	Litigation Expenditures	$	4,652	$	4,652	35970
GRF	050-505	County Postage Reimbursement	$	0	$	3,000,000	35971
TOTAL GRF General Revenue Fund			$	2,971,585	$	~~2,971,585~~ 5,971,585	35972

General Services Fund Group	35973

4S8	050-610	Board of Voting Machine Examiners	$	7,200	$	7,200	35974
412	050-609	Notary Commission	$	685,249	$	685,249	35975
413	050-601	Information Systems	$	119,955	$	119,955	35976
414	050-602	Citizen Education Fund	$	55,712	$	55,712	35977
TOTAL General Services Fund Group			$	868,116	$	868,116	35978

Federal Special Revenue Fund Group	35979

3AH	050-614	Election Reform/Health and Human Services	$	1,000,000	$	1,000,000	35980
3AS	050-616	2005 HAVA Voting Machines	$	4,750,000	$	2,750,000	35981
3X4	050-612	Ohio Center/Law Related Educational Grant	$	41,000	$	41,000	35982
TOTAL FED Federal Special Revenue							35983
Fund Group			$	5,791,000	$	3,791,000	35984

State Special Revenue Fund Group	35985

5N9	050-607	Technology Improvements	$	129,565	$	129,565	35986
599	050-603	Business Services Operating Expenses	$	13,761,734	$	13,761,734	35987
TOTAL SSR State Special Revenue							35988
Fund Group			$	13,891,299	$	13,891,299	35989

Holding Account Redistribution Fund Group	35990

R01	050-605	Uniform Commercial Code Refunds	$	30,000	$	30,000	35991
R02	050-606	Corporate/Business Filing Refunds	$	85,000	$	85,000	35992
TOTAL 090 Holding Account							35993
Redistribution Fund Group			$	115,000	$	115,000	35994
TOTAL ALL BUDGET FUND GROUPS			$	23,637,000	$	~~21,637,000~~ 24,637,000	35995

COUNTY POSTAGE REIMBURSEMENT

35996

The foregoing appropriation item 050-505, County Postage	35997
Reimbursement, shall be used to pay costs incurred by boards of	35998
elections to mail an absent voter's ballot application to each	35999
elector who is required to receive a notice under section 3501.19	36000
of the Revised Code for the November 4, 2008, general election.	36001
The foregoing appropriation also shall be used to pay return	36002
postage for absent voter's ballot applications returned by	36003
electors who wish to vote by absent voter's ballot at that	36004
election. Absent voter's ballot applications required to be mailed	36005
by a board of elections shall be mailed in conjunction with the	36006
notice of election required under section 3501.19 of the Revised	36007
Code. The Secretary of State shall establish a method by which	36008
funds for mailing absent voter's ballot applications are made	36009
available to boards of elections in advance of the required	36010
mailing.	36011

BOARD OF VOTING MACHINE EXAMINERS

36012

The foregoing appropriation item 050-610, Board of Voting	36013
Machine Examiners, shall be used to pay for the services and	36014
expenses of the members of the Board of Voting Machine Examiners,	36015
and for other expenses that are authorized to be paid from the	36016
Board of Voting Machine Examiners Fund, which is created in	36017
section 3506.05 of the Revised Code. Moneys not used shall be	36018
returned to the person or entity submitting the equipment for	36019
examination. If it is determined that additional appropriations	36020
are necessary, such amounts are appropriated.	36021

2005 HAVA VOTING MACHINES

36022

Of the foregoing appropriation item 050-616, 2005 HAVA Voting	36023
Machines, in fiscal year 2008 $15,000 shall be distributed to the	36024
Vinton County Board of Elections and $15,000 shall be distributed	36025
to the Morgan County Board of Elections to be used for emergency	36026
assistance for elections.	36027

On July 1, 2008, or as soon as possible thereafter, the	36028
Director of Budget and Management shall transfer any remaining	36029
unexpended, unencumbered appropriations in Fund 3AS, appropriation	36030
item 050-616, 2005 HAVA Voting Machines, for use in fiscal year	36031
2009. The transferred amount is hereby appropriated.	36032

On July 1, 2008, or as soon as possible thereafter, the	36033
Director of Budget and Management shall transfer any remaining	36034
unexpended, unencumbered appropriations in Fund 3AH, appropriation	36035
item 050-614, Election Reform/Health and Human Services Fund, for	36036
use in fiscal year 2009. The transferred amount is hereby	36037
appropriated.	36038

Ongoing interest earnings from the federal Election	36039
Reform/Health and Human Services Fund (Fund 3AH) and the 2005 HAVA	36040
Voting Machines Fund (Fund 3AS) shall be credited to the	36041
respective funds and distributed in accordance with the terms of	36042
the grant under which the money is received.	36043

HOLDING ACCOUNT REDISTRIBUTION GROUP

36044

The foregoing appropriation items 050-605 and 050-606,	36045
Holding Account Redistribution Fund Group, shall be used to hold	36046
revenues until they are directed to the appropriate accounts or	36047
until they are refunded. If it is determined that additional	36048
appropriations are necessary, such amounts are appropriated.	36049

Sec. 405.10. TAX DEPARTMENT OF TAXATION

36050

General Revenue Fund	36051

GRF	110-321	Operating Expenses	$	92,040,062	$	92,440,062	36052
GRF	110-404	Tobacco Settlement Enforcement	$	0	$	328,034	36053
GRF	110-412	Child Support Administration	$	71,680	$	71,680	36054
GRF	110-901	Property Tax Allocation - Taxation	$	446,953,165	$	478,613,618	36055
GRF	110-906	Tangible Tax Exemption - Taxation	$	9,177,962	$	4,588,981	36056
TOTAL GRF General Revenue Fund			$	548,242,869	$	576,042,375	36057

General Services Fund Group	36058

433	110-602	Tape File Account	$	125,000	$	140,000	36059
5BQ	110-629	Commercial Activity Tax Administration	$	6,000,000	$	6,000,000	36060
5W4	110-625	Centralized Tax Filing and Payment	$	400,000	$	200,000	36061
5W7	110-627	Exempt Facility Administration	$	100,000	$	150,000	36062
5CZ	110-631	Vendor's License Application	$	1,000,000	$	1,000,000	36063
TOTAL GSF General Services							36064
Fund Group			$	7,625,000	$	7,490,000	36065

State Special Revenue Fund Group	36066

4C6	110-616	International Registration Plan	$	706,855		$	706,855	36067
4R6	110-610	Tire Tax Administration	$	125,000		$	150,000	36068
435	110-607	Local Tax Administration	$	17,250,000		$	17,250,000	36069
436	110-608	Motor Vehicle Audit	$	1,200,000		$	1,200,000	36070
437	110-606	Litter Tax and Natural Resource Tax Administration	$	675,000		$	800,000	36071
438	110-609	School District Income Tax	$	3,600,000		$	3,600,000	36072
5AP0	110632	Discovery Project	$	0		$	2,000,000	36073
5N5	110-605	Municipal Income Tax Administration	$	500,000		$	500,000	36074
5N6	110-618	Kilowatt Hour Tax Administration	$	125,000		$	175,000	36075
5V7	110-622	Motor Fuel Tax Administration	$	4,700,000		$	5,000,000	36076
5V8	110-623	Property Tax Administration	$	13,500,000		$	13,500,000	36077
639	110-614	Cigarette Tax Enforcement	$	100,000		$	100,000	36078
642	110-613	Ohio Political Party Distributions	$	600,000		$	600,000	36079
688	110-615	Local Excise Tax Administration	$	210,000		$	180,000	36080
TOTAL SSR State Special Revenue								36081
Fund Group			$	43,291,855		$	~~43,761,855~~	36082
			45,761,855		36083

Agency Fund Group	36084

095	110-995	Municipal Income Tax	$	21,000,000	$	21,000,000	36085
425	110-635	Tax Refunds	$	1,565,900,000	$	1,546,800,000	36086
TOTAL AGY Agency Fund Group			$	1,586,900,000	$	1,567,800,000	36087

Holding Account Redistribution Fund Group	36088

R10	110-611	Tax Distributions	$	50,000		$	50,000	36089
R11	110-612	Miscellaneous Income Tax Receipts	$	50,000		$	50,000	36090
TOTAL 090 Holding Account								36091
Redistribution Fund Group			$	100,000		$	100,000	36092
TOTAL ALL BUDGET FUND GROUPS			$	2,186,159,724		$	~~2,195,194,230~~	36093
			2,197,194,230		36094

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	36095
EXEMPTION	36096

The foregoing appropriation item 110-901, Property Tax	36097
Allocation - Taxation, is hereby appropriated to pay for the	36098
state's costs incurred because of the Homestead Exemption, the	36099
Manufactured Home Property Tax Rollback, and the Property Tax	36100
Rollback. The Tax Commissioner shall distribute these funds	36101
directly to the appropriate local taxing districts, except for	36102
school districts, notwithstanding the provisions in sections	36103
321.24 and 323.156 of the Revised Code, which provide for payment	36104
of the Homestead Exemption, the Manufactured Home Property Tax	36105
Rollback, and Property Tax Rollback by the Tax Commissioner to the	36106
appropriate county treasurer and the subsequent redistribution of	36107
these funds to the appropriate local taxing districts by the	36108
county auditor.	36109

The foregoing appropriation item 110-906, Tangible Tax	36110
Exemption - Taxation, is hereby appropriated to pay for the	36111
state's costs incurred because of the tangible personal property	36112
tax exemption required by division (C)(3) of section 5709.01 of	36113
the Revised Code. The Tax Commissioner shall distribute to each	36114
county treasurer the total amount appearing in the notification	36115
from the county treasurer under division (G) of section 321.24 of	36116
the Revised Code for all local taxing districts located in the	36117
county except for school districts, notwithstanding the provision	36118
in section 321.24 of the Revised Code which provides for payment	36119
of the $10,000 tangible personal property tax exemption by the Tax	36120
Commissioner to the appropriate county treasurer for all local	36121
taxing districts located in the county including school districts.	36122
The county auditor shall distribute the amount paid by the Tax	36123
Commissioner among the appropriate local taxing districts except	36124
for school districts under division (G) of section 321.24 of the	36125
Revised Code.	36126

Upon receipt of these amounts, each local taxing district	36127
shall distribute the amount among the proper funds as if it had	36128
been paid as real or tangible personal property taxes. Payments	36129
for the costs of administration shall continue to be paid to the	36130
county treasurer and county auditor as provided for in sections	36131
319.54, 321.26, and 323.156 of the Revised Code.	36132

Any sums, in addition to the amounts specifically	36133
appropriated in appropriation items 110-901, Property Tax	36134
Allocation - Taxation, for the Homestead Exemption, the	36135
Manufactured Home Property Tax Rollback, and the Property Tax	36136
Rollback payments, and 110-906, Tangible Tax Exemption - Taxation,	36137
for the $10,000 tangible personal property tax exemption payments,	36138
which are determined to be necessary for these purposes, are	36139
hereby appropriated.	36140

TAX DEPARTMENT DISCOVERY PROJECT

36141

On July 1, 2008, or as soon thereafter as possible, the	36142
Director of Budget and Management shall transfer $2,000,000 in	36143
cash from the General Revenue Fund to appropriation item 110632,	36144
Discovery Project (Fund 5APO), to acquire the necessary hardware,	36145
software, and services to establish and implement a tax discovery	36146
data system and for expenses incurred by the Department of	36147
Taxation to administer the system. The amount transferred is	36148
hereby appropriated in appropriation item 110632, Discovery	36149
Project, for fiscal year 2009.	36150

If, at any time during fiscal year 2009, the Tax Commissioner	36151
determines that additional cash transfers are necessary in	36152
appropriation item 110632, Discovery Project, to pay the actual	36153
costs of the tax discovery data system and other expenses the	36154
Department incurs attributable to the system in fiscal year 2009,	36155
the Tax Commissioner may request that the Director of Budget and	36156
Management increase such amounts. Such amounts are hereby	36157
appropriated, with the approval of the Director of Budget and	36158
Management.	36159

MUNICIPAL INCOME TAX

36160

The foregoing appropriation item 110-995, Municipal Income	36161
Tax, shall be used to make payments to municipal corporations	36162
under section 5745.05 of the Revised Code. If it is determined	36163
that additional appropriations are necessary to make these	36164
payments, such amounts are hereby appropriated.	36165

TAX REFUNDS

36166

The foregoing appropriation item 110-635, Tax Refunds, shall	36167
be used to pay refunds under section 5703.052 of the Revised Code.	36168
If it is determined that additional appropriations are necessary	36169
for this purpose, such amounts are hereby appropriated.	36170

INTERNATIONAL REGISTRATION PLAN AUDIT

36171

The foregoing appropriation item 110-616, International	36172
Registration Plan, shall be used under section 5703.12 of the	36173
Revised Code for audits of persons with vehicles registered under	36174
the International Registration Plan.	36175

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

36176

Of the foregoing appropriation item 110-607, Local Tax	36177
Administration, the Tax Commissioner may disburse funds, if	36178
available, for the purposes of paying travel expenses incurred by	36179
members of Ohio's delegation to the Streamlined Sales Tax Project,	36180
as appointed under section 5740.02 of the Revised Code. Any travel	36181
expense reimbursement paid for by the Department of Taxation shall	36182
be done in accordance with applicable state laws and guidelines.	36183

LITTER CONTROL TAX ADMINISTRATION FUND

36184

Notwithstanding section 5733.12 of the Revised Code, during	36185
the period from July 1, 2007, to June 30, 2008, the amount of	36186
$675,000, and during the period from July 1, 2008, to June 30,	36187
2009, the amount of $800,000, received by the Tax Commissioner	36188
under Chapter 5733. of the Revised Code, shall be credited to the	36189
Litter Control Tax Administration Fund (Fund 437).	36190

CENTRALIZED TAX FILING AND PAYMENT FUND

36191

The Director of Budget and Management, under a plan submitted	36192
by the Tax Commissioner, or as otherwise determined by the	36193
Director of Budget and Management, shall set a schedule to	36194
transfer cash from the General Revenue Fund to the credit of the	36195
Centralized Tax Filing and Payment Fund (Fund 5W4). The transfers	36196
of cash shall not exceed $600,000 in the biennium.	36197

COMMERCIAL ACTIVITY TAX ADMINISTRATION FUND

36198

The foregoing appropriation item 110-629, Commercial Activity	36199
Tax Administration Fund (Fund 5BQ), shall be used to pay expenses	36200
incurred by the Department of Taxation to implement and administer	36201
the Commercial Activity Tax under Chapter 5751. of the Revised	36202
Code.	36203

Notwithstanding section 3734.9010, division (B)(2)(c) of	36204
section 4505.09, division (B) of section 5703.12, section 5703.80,	36205
division (C)(6) of section 5727.81, sections 5733.122 and	36206
5735.053, division (C) of section 5739.21, section 5745.03,	36207
section 5743.024, section 5743.15, division (C) of section	36208
5747.03, and section 5747.113 of the Revised Code or any other	36209
provisions to the contrary, any residual cash balances determined	36210
and certified by the Tax Commissioner to the Director of Budget	36211
and Management shall be transferred on July 1, 2007, or as soon as	36212
possible thereafter, to the Commercial Activities Tax	36213
Administration Fund (Fund 5BQ).	36214

TOBACCO SETTLEMENT ENFORCEMENT

36215

The foregoing appropriation item 110-404, Tobacco Settlement	36216
Enforcement, shall be used by the Tax Commissioner to pay costs	36217
incurred in the enforcement of divisions (F) and (G) of section	36218
5743.03 of the Revised Code.	36219

Sec. 407.10. DOT DEPARTMENT OF TRANSPORTATION

36220

Transportation Modes	36221

General Revenue Fund	36222

GRF	775-451	Public Transportation - State	$	16,700,000	$	17,000,000	36223
GRF	776-465	Ohio Rail Development Commission	$	3,700,000	$	3,700,000	36224
GRF	776-466	Railroad Crossing/Grade Separation	$	789,600	$	789,600	36225
GRF	777-471	Airport Improvements - State	$	3,293,985	$	1,794,003	36226
TOTAL GRF General Revenue Fund			$	24,483,585	$	23,283,603	36227
TOTAL ALL BUDGET FUND GROUPS			$	24,483,585	$	23,283,603	36228

~~PUBLIC TRANSPORTATION - STATE~~

36229

~~Of the foregoing GRF appropriation item 775-451, Public~~	36230
~~Transportation - State, $200,000 in fiscal year 2008 shall be used~~	36231
~~for the Cleveland Metropolitan Park District West Creek Project.~~	36232

TRANSPORTATION STUDY

36233

Of the foregoing appropriation item 775-451, Public	36234
Transportation-State, $50,000 in fiscal year 2008 shall be used	36235
for a Franklin County school transportation study to determine the	36236
feasibility of a countywide pupil transportation system.	36237

~~AIRPORT IMPROVEMENTS~~

36238

~~Of the foregoing appropriation item 777-471, Airport~~	36239
~~Improvements - State, $1,500,000 in fiscal year 2008 shall be used~~	36240
~~for air travel and support and economic development of statewide~~	36241
~~airports. The Directors of Development and Transportation may~~	36242
~~enter into one or more interagency agreements between their two~~	36243
~~departments as necessary to implement a statewide strategy to~~	36244
~~enhance Ohio's airports as centers of regional economic~~	36245
~~development.~~	36246

Sec. 512.03. TRANSFERS TO THE GENERAL REVENUE FUND FROM	36247
NON-GRF FUNDS	36248

Notwithstanding any other provision of law to the contrary,	36249
during fiscal years 2008 and 2009, the Director of Budget and	36250
Management is hereby authorized to transfer cash from non-General	36251
Revenue Fund funds that are not constitutionally restricted to the	36252
General Revenue Fund. The total amount of cash transfers made	36253
pursuant to this section to the General Revenue Fund during fiscal	36254
years 2008 and 2009 shall not exceed ~~$70,000,000~~$120,000,000.	36255

Sec. 512.35. DIESEL EMISSIONS REDUCTION AND TRANSIT CAPITAL	36256
GRANT PROGRAMS	36257

~~On the first day of July of each fiscal year or as soon as~~	36258
~~possible thereafter, the Director of Budget and Management shall~~	36259
~~(1) transfer $9,817,105 in cash in fiscal year 2008 and~~	36260
~~$10,057,814 in cash in fiscal year 2009 from the Highway Operating~~	36261
~~Fund (Fund 002) to the Diesel Emissions Grant Fund established in~~	36262
~~section 122.861 of the Revised Code and (2) transfer $5,000,000 in~~	36263
~~each fiscal year from the Highway Operating Fund to the Transit~~	36264
~~Capital Fund (Fund 5E7). The amounts transferred are hereby~~	36265
~~appropriated.~~	36266

~~The transfer to the Diesel Emissions Grant Fund shall be used~~	36267
~~for the administration and oversight of the Diesel Emissions~~	36268
~~Reduction Grant Program within the Department of Development. In~~	36269
There is hereby established in the Highway Operating Fund (Fund	36270
7002) in the Department of Transportation a Diesel Emissions	36271
Reduction Grant Program. The Department of Development shall	36272
administer the program and shall solicit, evaluate, score, and	36273
select projects submitted by public and private entities that are	36274
eligible for the federal Congestion Mitigation and Air Quality	36275
(CMAQ) Program. The Department of Transportation shall process	36276
Federal Highway Administration-approved projects as recommended by	36277
the Department of Development.	36278

In addition to the allowable expenditures set forth in	36279
section 122.861 of the Revised Code, Diesel Emissions Reduction	36280
Grant Program funds also may be used to fund projects involving	36281
the purchase or use of hybrid and alternative fuel vehicles that	36282
are allowed under guidance developed by the Federal Highway	36283
Administration for the ~~Congestion Mitigation and Air Quality~~	36284
~~(CMAQ)~~CMAQ Program. The Director of Development, in consultation	36285
with the Director of Environmental Protection, shall develop	36286
guidance for distribution of the funds from the Diesel Emissions	36287
Grant Fund. The guidance shall include a method for	36288
prioritization of projects, acceptable technologies, and	36289
procedures for awarding grants and loans.	36290

~~The transfer to the Transit Capital Fund (Fund 5E7) shall be~~	36291
~~used to supplement the capital portion of the Ohio Public~~	36292
~~Transportation Grant Program within the Department of~~	36293
~~Transportation.~~	36294

~~These~~Public entities eligible to receive funds under section	36295
122.861 of the Revised Code and CMAQ shall be reimbursed from the	36296
Department of Transportation's Diesel Emissions Reduction Grant	36297
Program.	36298

Private entities eligible to receive funds under section	36299
122.861 of the Revised Code and CMAQ shall be reimbursed through	36300
transfers of cash from the Department of Transportation's Diesel	36301
Emissions Reduction Grant Program to the Department of	36302
Development's Diesel Emissions Reduction Grant Fund (Fund 3BD0)	36303
established in section 122.861 of the Revised Code.	36304

Appropriation item 195-697, Diesel Emissions Reduction	36305
Grants, is hereby established with an appropriation of $9,817,105	36306
in fiscal year 2008 and $10,057,814 in fiscal year 2009. Total	36307
expenditures between both the Departments of Development and	36308
Transportation shall not exceed the appropriated amounts stated	36309
in this section.	36310

On or before June 30, 2008, any unencumbered balance of the	36311
foregoing appropriation item 195-697, Diesel Emissions Reduction	36312
Grants, for fiscal year 2008, less amounts encumbered by the	36313
Department of Transportation for reimbursement of public entities	36314
for fiscal year 2008, is hereby appropriated for the same purposes	36315
for fiscal year 2009.	36316

Up to $5,000,000 in the Highway Operating Fund (Fund 7002)	36317
shall be used each fiscal year for the Transit Capital Program in	36318
conjunction with funding provided in the Department of	36319
Transportation's budget under the Ohio Public Transportation Grant	36320
Program.	36321

On or before June 30, 2008, any unencumbered balance of the	36322
Transit Capital Program in fiscal year 2008 is hereby appropriated	36323
for the same purposes in fiscal year 2009.	36324

Any cash transfers or allocations under this section	36325
represent CMAQ program moneys within the Department of	36326
Transportation for use by the Diesel Emissions Reduction Grant	36327
Program by the Department of Development and for use by the Ohio	36328
Public Transportation Grant Program by the Ohio Department of	36329
Transportation. These allocations shall not reduce the amount of	36330
such moneys designated for metropolitan planning organizations.	36331

The Director of Development, in consultation with the	36332
Directors of Environmental Protection and Transportation, shall	36333
develop guidance for the administration of the Diesel Emissions	36334
Reduction Grant Program. The guidance shall include a method for	36335
prioritization of projects, acceptable technologies, and	36336
procedures for awarding grants.	36337

Sec. 518.03. BUDGET ADJUSTMENTS TO REFLECT TOBACCO	36338
SECURITIZATION	36339

(A) Notwithstanding any other provision of law to the	36340
contrary, the Director of Budget and Management, periodically on	36341
any date following the issuance of the tobacco obligations	36342
authorized in section 183.51 of the Revised Code and through June	36343
30, 2009, shall:	36344

(1) Determine the amount of appropriation items 235-909,	36345
Higher Education General Obligation Debt Service, and 230-908,	36346
Common Schools General Obligation Debt Service, that are in excess	36347
of the amounts needed to pay all debt service and financing costs	36348
on those obligations payable from each of those items and transfer	36349
all or any portion of that excess appropriation to appropriation	36350
item 200-901, Property Tax Allocation-Education, or 110-901,	36351
Property Tax Allocation-Taxation, or both together as needed for	36352
the purposes of making the state's property tax relief payments to	36353
school districts and counties.	36354

(2) Determine the amount by which interest earnings credited	36355
to Fund 034, Higher Education Improvement Fund, and Fund 032,	36356
School Building Program Assistance Fund, from the investment of	36357
the net proceeds of those tobacco obligations exceed the amount	36358
needed to satisfy appropriations from those funds, transfer all	36359
or part of that excess cash balance to the General Revenue Fund,	36360
and increase appropriation item 200-901, Property Tax	36361
Allocation-Education, or 110-901, Property Tax	36362
Allocation-Taxation, or both together, by up to the amount of cash	36363
so transferred to the General Revenue Fund.	36364

(3) Determine the amount of capital appropriations in	36365
CAP-770, School Building Assistance Program, and transfers of cash	36366
to Fund 5E3, School Facilities Commission, that are necessary to	36367
fully expend the amount of net proceeds deposited into Fund 032,	36368
School Building Program Assistance Fund, from the issuance of	36369
those tobacco obligations, and increase the appropriations for	36370
CAP-770 and appropriation item 230-644, Operating Expenses-School	36371
Facilities Commission, by the necessary amounts.	36372

(4) Determine the amount of additional capital	36373
appropriations, if any necessary to fully expend the amount of net	36374
proceeds deposited from the issuance of those tobacco obligations	36375
into Fund 034, Higher Education Improvement Fund.	36376

(5) Reduce by up to $800,000,000 the amount of authorization	36377
to issue and sell general obligations to pay the costs of capital	36378
facilities for a system of common schools throughout the state	36379
granted to the Ohio Public Facilities Commission by prior acts of	36380
the General Assembly. This reduction reflects the utilization of	36381
the net proceeds of those tobacco obligations in place of general	36382
obligation bond proceeds to support capital appropriations	36383
payable from Fund 032, School Building Assistance Fund.	36384

(6) Reduce by up to $950,000,000 the amount of authorization	36385
to issue and sell general obligations to pay the costs of capital	36386
facilities for state-supported and state-assisted institutions of	36387
higher education granted to the Ohio Public Facilities Commission	36388
by prior acts of the General Assembly. This reduction reflects	36389
the utilization of the net proceeds of those tobacco obligations	36390
in place of general obligation bond proceeds to support capital	36391
appropriations payable from Fund 034, Higher Education	36392
Improvement Fund.	36393

(B) ~~Before~~Except for transfers to the General Revenue Fund	36394
in accordance with division (A)(2) of this section, before the	36395
Office of Budget and Management transfers or increases or	36396
decreases any appropriations or authorizations described in	36397
division (A) of this section, the Office of Budget and Management	36398
shall seek Controlling Board approval.	36399

Section 610.41. That existing Sections 207.20.50,	36400
207.20.70, 207.30.10, 207.30.20, 207.30.30, 219.10, 235.10,	36401
261.10, 263.10, 263.20.10, 263.20.80, 263.30.10, 269.30.30,	36402
269.30.70, 269.40.50, 269.50.30, 275.10, 293.10, 299.10,	36403
307.10, 309.10, 309.30.13, 309.30.30, 309.30.40, 309.30.41,	36404
309.30.42, 309.40.33, 337.30, 337.30.43, 337.40, 337.40.15,	36405
369.10, 375.10, 379.10, 393.10, 405.10, 407.10, 512.03, 512.35,	36406
and 518.03 of Am. Sub. H.B. 119 of the 127th General Assembly	36407
are hereby repealed.	36408

Section 610.44. That Section 249.10 of Am. Sub. H.B. 119 of	36409
the 127th General Assembly, as amended by Am. Sub. S.B. 155 of	36410
the 127th General Assembly, be amended to read as follows:	36411

Sec. 249.10. CEB CONTROLLING BOARD

36412

General Revenue Fund	36413

GRF	911-404	Mandate Assistance	$	650,000	$	650,000	36414
GRF	911-441	Ballot Advertising Costs	$	1,400,000	$	300,000	36415
TOTAL GRF General Revenue Fund			$	2,050,000	$	950,000	36416
TOTAL ALL BUDGET FUND GROUPS			$	2,050,000	$	950,000	36417

DISASTER SERVICES FUND TRANSFERS TO THE EMERGENCY	36418
PURPOSES/CONTINGENCIES APPROPRIATION LINE ITEM	36419

Notwithstanding any other provision of law to the contrary,	36420
the Director of Budget and Management may, with Controlling Board	36421
approval, ~~transfer~~appropriate up to $4,000,000 ~~in cash~~, in each	36422
of fiscal years 2008 and 2009~~, from the Disaster Services Fund~~	36423
~~(Fund 5E2) to the General Revenue Fund. Upon completion of the~~	36424
~~transfer, the Director of Budget and Management shall appropriate~~	36425
~~the transferred amount~~ to appropriation item 911-401, Emergency	36426
Purposes/Contingencies. The Controlling Board may, at the request	36427
of any state agency or the Director of Budget and Management,	36428
transfer all or part of the appropriation in appropriation item	36429
911-401, Emergency Purposes/Contingencies, for the purpose of	36430
providing disaster and emergency situation aid to state agencies	36431
and political subdivisions in the event of disasters and emergency	36432
situations or for the other purposes noted in this section,	36433
including, but not limited to, costs related to the disturbance	36434
that occurred on April 11, 1993, at the Southern Ohio Correctional	36435
Facility in Lucasville, Ohio. Following each increase in	36436
appropriation in appropriation item 911-401, Emergency	36437
Purposes/Contingencies, approved by the Controlling Board, the	36438
Director of Budget and Management may transfer an amount equal to	36439
the appropriation increase, in an amount not to exceed $4,000,000	36440
in each of fiscal years 2008 and 2009, from the Disaster Services	36441
Fund (Fund 5E2) to the General Revenue Fund.	36442

FEDERAL SHARE

36443

In transferring appropriations to or from appropriation items	36444
that have federal shares identified in Am. Sub. H.B. 119 of the	36445
127th General Assembly, the Controlling Board shall add or	36446
subtract corresponding amounts of federal matching funds at the	36447
percentages indicated by the state and federal division of the	36448
appropriations in Am. Sub. H.B. 119 of the 127th General	36449
Assembly. Such changes are hereby appropriated.	36450

DISASTER ASSISTANCE

36451

Pursuant to requests submitted by the Department of Public	36452
Safety, the Controlling Board may approve transfers from	36453
appropriation item 911-401, Emergency Purposes/Contingencies, to	36454
Department of Public Safety appropriation items to provide funding	36455
for assistance to political subdivisions and individuals made	36456
necessary by natural disasters or emergencies. Such transfers may	36457
be requested and approved prior to or following the occurrence of	36458
any specific natural disasters or emergencies in order to	36459
facilitate the provision of timely assistance.	36460

DISASTER SERVICES

36461

Pursuant to requests submitted by the Department of Public	36462
Safety, the Controlling Board may approve transfers from the	36463
Disaster Services Fund (5E2) to a Department of Public Safety fund	36464
and appropriation item to provide for assistance to political	36465
subdivisions made necessary by natural disasters or emergencies.	36466
These transfers may be requested and approved prior to the	36467
occurrence of any specific natural disasters or emergencies in	36468
order to facilitate the provision of timely assistance. The	36469
Emergency Management Agency of the Department of Public Safety	36470
shall use the funding to fund the State Disaster Relief Program	36471
for disasters that have been declared by the Governor, and the	36472
State Individual Assistance Program for disasters that have been	36473
declared by the Governor and the federal Small Business	36474
Administration. The Ohio Emergency Management Agency shall publish	36475
and make available application packets outlining procedures for	36476
the State Disaster Relief Program and the State Individual	36477
Assistance Program.	36478

The Disaster Services Fund (5E2) shall be used by the	36479
Controlling Board, pursuant to requests submitted by state	36480
agencies, to transfer cash and appropriation authority to any fund	36481
and appropriation item for the payment of state agency disaster	36482
relief program expenses for disasters declared by the Governor,	36483
if the Director of Budget and Management determines that	36484
sufficient funds exist.	36485

The unencumbered balance of the Disaster Services Fund (5E2)	36486
at the end of fiscal year 2008 is transferred to fiscal year 2009	36487
for use for the same purposes as in fiscal year 2009.	36488

SOUTHERN OHIO CORRECTIONAL FACILITY COST

36489

The Division of Criminal Justice Services in the Department	36490
of Public Safety and the Public Defender Commission may each	36491
request, upon approval of the Director of Budget and Management,	36492
additional funds from appropriation item 911-401, Emergency	36493
Purposes/Contingencies, for costs related to the disturbance that	36494
occurred on April 11, 1993, at the Southern Ohio Correctional	36495
Facility in Lucasville, Ohio.	36496

MANDATE ASSISTANCE

36497

(A) The foregoing appropriation item 911-404, Mandate	36498
Assistance, shall be used to provide financial assistance to local	36499
units of government and school districts for the cost of the	36500
following two state mandates:	36501

(1) The cost to county prosecutors for prosecuting certain	36502
felonies that occur on the grounds of state institutions operated	36503
by the Department of Rehabilitation and Correction and the	36504
Department of Youth Services;	36505

(2) The cost to school districts of in-service training for	36506
child abuse detection.	36507

(B) The Division of Criminal Justice Services in the	36508
Department of Public Safety and the Department of Education may	36509
prepare and submit to the Controlling Board one or more requests	36510
to transfer appropriations from appropriation item 911-404,	36511
Mandate Assistance. The state agencies charged with this	36512
administrative responsibility are listed below, as well as the	36513
estimated annual amounts that may be used for each program of	36514
state financial assistance.	36515

		ESTIMATED	36516
	ADMINISTERING	ANNUAL	36517
PROGRAM	AGENCY	AMOUNT	36518

Prosecution Costs	Division of Criminal	$150,000	36519
	Justice Services		36520
Child Abuse Detection Training Costs	Department of Education	$500,000	36521

(C) Subject to the total amount appropriated in each fiscal	36522
year for appropriation item 911-404, Mandate Assistance, the	36523
Division of Criminal Justice Services in the Department of Public	36524
Safety and the Department of Education may request from the	36525
Controlling Board that amounts smaller or larger than these	36526
estimated annual amounts be transferred to each program.	36527

(D) In addition to making the initial transfers requested by	36528
the Division of Criminal Justice Services in the Department of	36529
Public Safety and the Department of Education, the Controlling	36530
Board may transfer appropriations received by a state agency under	36531
this section back to appropriation item 911-404, Mandate	36532
Assistance, or to the other program of state financial assistance	36533
identified under this section.	36534

(E) It is expected that not all costs incurred by local units	36535
of government and school districts under each of the two programs	36536
of state financial assistance identified in this section will be	36537
fully reimbursed by the state. Reimbursement levels may vary by	36538
program and shall be based on: the relationship between the	36539
appropriation transfers requested by the Division of Criminal	36540
Justice Services in the Department of Public Safety and the	36541
Department of Education and provided by the Controlling Board for	36542
each of the programs; the rules and procedures established for	36543
each program by the administering state agency; and the actual	36544
costs incurred by local units of government and school districts.	36545

(F) Each of these programs of state financial assistance	36546
shall be carried out as follows:	36547

(1) PROSECUTION COSTS

36548

(a) Appropriations may be transferred to the Division of	36549
Criminal Justice Services in the Department of Public Safety to	36550
cover local prosecution costs for aggravated murder, murder,	36551
felonies of the first degree, and felonies of the second degree	36552
that occur on the grounds of institutions operated by the	36553
Department of Rehabilitation and Correction and the Department of	36554
Youth Services.	36555

(b) Upon a delinquency filing in juvenile court or the return	36556
of an indictment for aggravated murder, murder, or any felony of	36557
the first or second degree that was committed at a Department of	36558
Youth Services or a Department of Rehabilitation and Correction	36559
institution, the affected county may, in accordance with rules	36560
that the Division of Criminal Justice Services in the Department	36561
of Public Safety shall adopt, apply to the Division of Criminal	36562
Justice Services for a grant to cover all documented costs that	36563
are incurred by the county prosecutor's office.	36564

(c) Twice each year, the Division of Criminal Justice	36565
Services in the Department of Public Safety shall designate	36566
counties to receive grants from those counties that have submitted	36567
one or more applications in compliance with the rules that have	36568
been adopted by the Division of Criminal Justice Services for the	36569
receipt of such grants. In each year's first round of grant	36570
awards, if sufficient appropriations have been made, up to a total	36571
of $100,000 may be awarded. In each year's second round of grant	36572
awards, the remaining appropriations available for this purpose	36573
may be awarded.	36574

(d) If for a given round of grants there are insufficient	36575
appropriations to make grant awards to all the eligible counties,	36576
the first priority shall be given to counties with cases involving	36577
aggravated murder and murder; second priority shall be given to	36578
counties with cases involving a felony of the first degree; and	36579
third priority shall be given to counties with cases involving a	36580
felony of the second degree. Within these priorities, the grant	36581
awards shall be based on the order in which the applications were	36582
received, except that applications for cases involving a felony of	36583
the first or second degree shall not be considered in more than	36584
two consecutive rounds of grant awards.	36585

(2) CHILD ABUSE DETECTION TRAINING COSTS

36586

Appropriations may be transferred to the Department of	36587
Education for disbursement to local school districts as full or	36588
partial reimbursement for the cost of providing in-service	36589
training for child abuse detection. In accordance with rules that	36590
the department shall adopt, a local school district may apply to	36591
the department for a grant to cover all documented costs that are	36592
incurred to provide in-service training for child abuse detection.	36593
The department shall make grants within the limits of the funding	36594
provided.	36595

(G) Any moneys allocated within appropriation item 911-404,	36596
Mandate Assistance, not fully utilized may, upon application of	36597
the Ohio Public Defender Commission, and with the approval of the	36598
Controlling Board, be disbursed to boards of county commissioners	36599
to provide additional reimbursement for the costs incurred by	36600
counties in providing defense to indigent defendants pursuant to	36601
Chapter 120. of the Revised Code. Application for the unutilized	36602
funds shall be made by the Ohio Public Defender Commission at the	36603
first June meeting of the Controlling Board.	36604

The amount to be disbursed to each county shall be allocated	36605
proportionately on the basis of the total amount of reimbursement	36606
paid to each county as a percentage of the amount of reimbursement	36607
paid to all of the counties during the most recent state fiscal	36608
year for which data is available and as calculated by the Ohio	36609
Public Defender Commission.	36610

BALLOT ADVERTISING COSTS

36611

Pursuant to requests submitted by the ~~Ohio Ballot Board~~	36612
Secretary of State, the Controlling Board shall approve transfers	36613
from the foregoing appropriation item 911-441, Ballot Advertising	36614
Costs, to ~~the~~a Secretary of State appropriation item in order to	36615
pay for the cost of public notices associated with statewide	36616
ballot initiatives.	36617

Of the foregoing appropriation item 911-441, Ballot	36618
Advertising Costs, up to $1,100,000 in fiscal year 2008 shall be	36619
used to reimburse county boards of elections for all costs of	36620
conducting any special election during fiscal year 2008.	36621

The unencumbered balance of appropriation item 991-441,	36622
Ballot Advertising Costs, at the end of fiscal year 2008 shall be	36623
transferred to fiscal year 2009 for use under the same	36624
appropriation item. The amounts transferred are hereby	36625
appropriated.	36626

Section 610.45. That existing Section 249.10 of Am. Sub. H.B.	36627
119 of the 127th General Assembly, as amended by Am. Sub. S.B. 155	36628
of the 127th General Assembly, is hereby repealed.	36629

Section 610.50. That Sections 101.10, 103.80.50, 201.30,	36630
201.50, 301.20.20, 301.20.80, 401.11, and 401.71 of H.B. 496 of	36631
the 127th General Assembly be amended to read as follows:	36632

Sec. 101.10. All items set forth in this section are hereby	36633
appropriated out of any moneys in the General Revenue Fund (GRF)	36634
that are not otherwise appropriated:	36635

Reappropriations

DAS DEPARTMENT OF ADMINISTRATIVE SERVICES	36636

C10002	Rural Areas Community Improvements	$	20,000	36637
C10008	Urban Areas Community Improvements	$	868,900	36638
Total Department of Administrative Services		$	888,900	36639
TOTAL GRF General Revenue Fund		$	888,900	36640

RURAL AREAS COMMUNITY IMPROVEMENTS

36641

The foregoing appropriation item C10002, Rural Areas	36642
Community Improvements, shall be granted for the Red Mill Creek	36643
Water Retention Basin.	36644

URBAN AREAS COMMUNITY IMPROVEMENTS

36645

From the foregoing appropriation item C10008, Urban Areas	36646
Community Improvements, grants shall be made for the following	36647
projects: $50,000 for the Brown Senior Center Renovations;	36648
$100,000 for Project AHEAD Facility Improvements; $75,000 for the	36649
J. Frank-Troy Senior Citizens Center; $23,900 for the Canton	36650
Jewish Women's Center; ~~$450,000 for the Gateway Social Services~~	36651
~~Building;~~$200,000 for Pro Football Hall of Fame festival facility	36652
improvements; $100,000 for the Children's Network of Stark County;	36653
$75,000 for the Community Treatment and Correction Center, Inc.;	36654
$75,000 for Trillium Family Solutions; $50,000 for the Loew	36655
Field Improvements; $20,000 for the Harvard Community Services	36656
Center Renovation & Expansion; $20,000 for the Collinwood	36657
Community Service Center Repair & Renovation; and $80,000 for	36658
Bowman Park - City of Toledo.	36659

Reappropriations

Sec. 103.80.50. EXP EXPOSITIONS COMMISSION

36660

C72300	Electric and Lighting Upgrade	$	112,020	36661
C72301	Land Acquisition	$	5,240	36662
C72303	Building Renovations - 5	$	4,576,484	36663
C72305	Facility Improvements and Modernization Plan	$	131,771	36664
C72309	Masonry Renovations	$	59,824	36665
C72310	Restroom Renovations	$	9,559	36666
C72312	Emergency Renovations and Equipment Replacement	$	891,533	36667
~~C72314~~	~~Multi-purpose Building~~	$	~~14,000,000~~	36668
Total Expositions Commission		$	~~19,786,431~~ 5,786,431	36669

Sec. 201.30. All items set forth in this section are hereby	36671
appropriated out of any moneys in the state treasury to the	36672
credit of the Cultural and Sports Facilities Building Fund (Fund	36673
7030) that are not otherwise appropriated:	36674

Reappropriations

AFC CULTURAL FACILITIES COMMISSION	36675

C37102	Center of Science and Industry - Toledo	$	12,268	36676
C37114	Woodward Opera House Renovation	$	1,150,000	36677
C37118	Statewide Site Repairs	$	100,100	36678
C37124	Waco Museum & Aviation Learning Center	$	500,000	36679
C37131	Bramley Historic House	$	75,000	36680
C37132	Beck Center for the Cultural Arts	$	100,000	36681
C37133	Delaware County Cultural Arts Center	$	40,000	36682
C37137	West Side Arts Consortium	$	138,000	36683
C37138	Ice Arena Development	$	5,500,000	36684
C37139	Stan Hywet Hall & Gardens	$	1,000,000	36685
C37141	Spring Hill Historic Home	$	125,000	36686
C37143	Lorain Palace Civic Theatre	$	200,000	36687
C37144	Great Lakes Historical Society	$	150,000	36688
C37153	Historic Sites and Museums	$	980,319	36689
C37155	Buffington Island State Memorial	$	33,475	36690
C37182	Lorain County Historical Society	$	300,000	36691
C37184	Marion Palace Theatre	$	1,575,000	36692
C37185	McConnellsville Opera House	$	75,000	36693
C37186	Secrest Auditorium	$	75,000	36694
C37187	Renaissance Theatre	$	700,000	36695
C37188	Trumpet in the Land	$	100,000	36696
C37189	Mid-Ohio Valley Players	$	80,000	36697
C37190	The Anchorage	$	50,000	36698
C37193	Galion Historic Big Four Depot Restoration	$	170,000	36699
C37195	Lake County Historical Society	$	250,000	36700
C37196	Hancock Historical Society	$	75,000	36701
C37197	Riversouth Development	$	1,000,000	36702
C37198	Ft. Piqua Hotel	$	200,000	36703
C37199	Marina District Amphitheatre and Related Development	$	2,000,000	36704
C371A1	Lima Historic Athletic Field	$	100,000	36705
C371A3	Voice Of America Museum	$	275,000	36706
C371A5	Clark County Community Arts Expansion Project	$	500,000	36707
C371A6	Westcott House Historic Site	$	75,000	36708
C371A8	Miami Township Community Amphitheatre	$	50,000	36709
C371A9	Western Reserve Historical Society	$	2,500,000	36710
C371B0	Cleveland Steamship Mather Museum	$	100,000	36711
C371B5	Arts Castle	$	100,000	36712
C371B6	Cincinnati Art and Technical Academy	$	325,000	36713
C371B7	Ohio Glass Museum	$	250,000	36714
C371B9	Ariel Theatre	$	100,000	36715
C371C2	Ensemble Theatre	$	450,000	36716
C371C4	Art Academy of Cincinnati	$	100,000	36717
C371C5	Riverbend Pavilion Improvements	$	250,000	36718
C371C7	Music Hall: Over-The-Rhine	$	750,000	36719
C371C8	John Bloomfield Home Restoration	$	720	36720
C371C9	Malinta Historical Society Caboose Exhibit	$	6,000	36721
C371D1	Art Deco Markay Theatre	$	200,000	36722
C371D4	Broad Street Historical Renovation	$	300,000	36723
C371D5	Amherst Historical Society	$	35,000	36724
C371D6	COSI - Toledo	$	980,000	36725
C371D7	Ohio Theatre - Toledo	$	100,000	36726
C371E2	Aurora Outdoor Sports Complex	$	50,000	36727
C371E3	Preble County Historical Society	$	100,000	36728
C371E4	Tecumseh Sugarloaf Mountain Amphitheatre	$	120,000	36729
C371F0	Richard Howe House	$	100,000	36730
C371F2	Packard Music Hall Renovation Project	$	575,000	36731
C371F3	Holland Theatre	$	100,000	36732
C371F6	Marietta Colony Theatre	$	335,000	36733
C371G7	Huntington Park	$	7,000,000	36734
C371G9	Riverbend - Cincinnati Symphony	$	3,000,000	36735
C371H0	Marina District Amphitheatre	$	2,900,000	36736
C371H1	Cincinnati Museum Center	$	2,000,000	36737
C371H2	National Underground Railroad Freedom Center	$	2,000,000	36738
C371H4	Pro Football Hall of Fame	$	1,650,000	36739
C371H5	Heritage Center - Dayton	$	1,300,000	36740
C371H6	Western Reserve Historical Society	$	1,000,000	36741
C371H7	COSI Columbus	$	1,000,000	36742
C371H8	Columbus Museum of Art	$	1,000,000	36743
C371I0	Stan Hywet Hall and Gardens	$	1,175,000	36744
C371I1	Akron Art Museum	$	1,000,000	36745
C371I2	Sauder Village	$	830,000	36746
C371I3	Horvitz Center for the Arts	$	750,000	36747
C371I4	Ensemble Theatre	$	750,000	36748
C371I5	Voice of America Museum	$	750,000	36749
C371I6	Cleveland Steamship Mather	$	600,000	36750
C371I7	Cuyahoga County Soldier and Sailor Monument	$	500,000	36751
C371I8	King-Lincoln Arts and Entertainment District	$	500,000	36752
C371I9	Art Academy of Cincinnati	$	500,000	36753
C371J0	Great Lakes Historical Society	$	500,000	36754
C371J3	Davis Shai Historical Facility	$	300,000	36755
C371J4	Massillon Museum	$	275,000	36756
C371J5	The Mandel Center	$	250,000	36757
C371J6	Peggy R McConnell Arts Center	$	250,000	36758
C371J7	Columbus College of Art and Design	$	250,000	36759
C371J9	Stambaugh Hall Improvements	$	250,000	36760
C371K0	Youngstown Symphony Orchestra	$	250,000	36761
C371K1	Wood County Historical Center/Museum	$	220,000	36762
C371K3	Cincinnati Ballet	$	200,000	36763
C371K4	City of Avon Stadium Complex	$	200,000	36764
C371K5	Renaissance Performing Arts Center	$	200,000	36765
C371K6	Oxford Arts Center	$	174,000	36766
C371K7	Wayne County Historical Society	$	170,000	36767
C371K8	Maumee Valley Historical Society	$	150,000	36768
C371K9	Trumbull County Historical Society	$	150,000	36769
C371L0	First Lunar Flight Project	$	25,000	36770
C371L1	Holmes County Historical Society Improvements	$	140,000	36771
C371L2	~~Canal Winchester Historical Society~~ Westerville Parks & Recreation Firefighters Memorial/First Responder Park	$	125,000	36772
C371L3	Ukranian Museum	$	100,000	36773
C371L4	Gordon Square Arts District	$	100,000	36774
C371L5	Moreland Theatre Renovation	$	100,000	36775
C371L6	Karamu House	$	100,000	36776
C371L7	Symmes Township Historical Society	$	100,000	36777
C371L8	Springfield Veterans Park Amphitheatre	$	100,000	36778
C371L9	Gallia County Historical Genealogical Society	$	100,000	36779
C371M1	The Octagon House	$	100,000	36780
C371M2	Vinton County Stage-Pavilion Project	$	100,000	36781
C371M3	County Line Historical Society-Wayne/Holmes	$	100,000	36782
C371M4	Paul Brown Museum	$	75,000	36783
C371M5	The Works Ohio Center for History, Art and Technology	$	75,000	36784
C371M8	Hale Farm and Village	$	50,000	36785
C371M9	Howe House Historic Site	$	50,000	36786
C371N0	Beavercreek Community Theatre	$	50,000	36787
C371N1	Jamestown Opera House	$	50,000	36788
C371N2	Johnny Appleseed Museum	$	50,000	36789
C371N3	Vinton County Historical Society Alice House Project	$	50,000	36790
C371N4	Woodward Opera House Renovations	$	50,000	36791
C371N5	Little Brown Jug Facility Improvements	$	50,000	36792
C371N6	Applecreek Historical Society	$	50,000	36793
C371N7	Wyandot Historic Courthouse	$	50,000	36794
C371N8	Galion Historical Big 4 Depot	$	30,000	36795
C371N9	Bucyrus Historic Depot Renovations	$	30,000	36796
C371O1	Arts West Performing Arts Center	$	25,000	36797
C371O2	Chester Academy Historical Site	$	25,000	36798
C371O3	Portland Civil War Museum and Historical Displays	$	25,000	36799
C371O4	Morgan County Opera House	$	25,000	36800
C371O5	Crawford Antique Museum	$	9,000	36801
C371O6	Monroe City Historical Society Building Repair	$	5,000	36802
C371O7	Wright Dunbar Historical Facility	$	250,000	36803
C371O8	Nationwide Children's Hospital Livingston Park Cultural Improvements	$	1,000,000	36804
C371P1	WACO Aircraft Museum	$	30,000	36805
C371P2	Bradford Railroad Museum	$	30,000	36806
C371P3	Cincinnati Ballet Facility	$	415,000	36807
C371P5	Fort Recovery Renovations	$	100,000	36808
C371P6	Music Hall Garage	$	1,000,000	36809
C371P7	Hip Klotz Memorial	$	150,000	36810
C371P8	AB Graham Center	$	40,000	36811
Total Cultural Facilities Commission		$	64,803,882	36812
TOTAL Cultural and Sports Facilities Building Fund		$	64,803,882	36813

Sec. 201.50. All items set forth in this section are hereby	36815
appropriated out of any moneys in the state treasury to the credit	36816
of the School Building Program Assistance Fund (Fund 7032) that	36817
are not otherwise appropriated:	36818

Reappropriations

SFC SCHOOL FACILITIES COMMISSION	36819

C23002	School Building Program Assistance	$	3,572,253,121	36820
C23005	Exceptional Needs	$	28,504,951	36821
C23010	Vocation Facilities Assistance Program	$	11,115,616	36822
Total School Facilities Commission		$	3,611,873,688	36823
TOTAL School Building Program Assistance Fund		$	3,611,873,688	36824

CONSTRUCTION OF NEW BLIND AND DEAF SCHOOLS

36825

Of the foregoing appropriation item C23002, School Building	36826
Program Assistance, $37,080,000 shall be used for constructing new	36827
facilities, or renovating existing facilities, or both, on the	36828
current campuses of the Ohio State School for the Blind and the	36829
Ohio School for the Deaf. Notwithstanding sections 123.01 and	36830
123.15 of the Revised Code and in addition to its powers under	36831
Chapter 3318. of the Revised Code, the Ohio School Facilities	36832
Commission shall administer the project pursuant to the memorandum	36833
of understanding that the Ohio State School for the Blind, the	36834
Ohio School for the Deaf, and the Ohio School Facilities	36835
Commission signed on October 31, 2007. The project shall comply	36836
to the fullest extent possible with the specifications and	36837
policies set forth in the Ohio School Facilities Design Manual and	36838
shall not be considered a part of any program created under	36839
Chapter 3318. of the Revised Code. As agreed to by the parties in	36840
the memorandum of understanding, $37,080,000 is sufficient to	36841
complete the construction or renovation of the facilities needed	36842
for the education of both the deaf and blind student communities	36843
and additional appropriations will not be required. Upon issuance	36844
by the Commission of a certificate of completion of the project,	36845
the Commission's participation in the project shall end.	36846

The Executive Director of the Ohio School Facilities	36847
Commission shall comply with the procedures and guidelines	36848
established in Chapter 153. of the Revised Code. Upon the release	36849
of funds for the project by the Controlling Board or the Director	36850
of Budget and Management, the Commission may administer the	36851
project without the supervision, control, or approval of the	36852
Director of Administrative Services. Any references to the	36853
Director of Administrative Services in the Revised Code, with	36854
respect to the administration of the project, shall be read as if	36855
they referred to the Director of the Ohio School Facilities	36856
Commission.	36857

Reappropriations

Sec. 301.20.20. BGU BOWLING GREEN STATE UNIVERSITY

36858

C24000	Basic Renovations	$	10,751,883	36859
C24001	Basic Renovations - Firelands	$	811,360	36860
C24002	Instructional and Data Processing Equipment	$	1,200,186	36861
C24004	ADA Modifications	$	19,544	36862
C24005	Child Care Facility	$	49,406	36863
C24007	Materials Network	$	90,981	36864
C24008	Video Link	$	10,644	36865
C24013	Hannah Hall Rehabilitation	$	2,005,522	36866
C24014	Biology Lab Renovation	$	12,533,708	36867
C24015	Campus-Wide Paving/Sidewalk Upgrade	$	4,899	36868
C24016	Student Learning	$	13,149	36869
C24017	Video Teaching Network	$	5,436	36870
C24019	Kinetic Spectrometry Consortium	$	77,671	36871
C24020	Admissions Visitor Center	$	3,000,000	36872
C24021	Theatre/Performing Arts Complex	$	8,750,000	36873
C24022	University Hall Rehabilitation	$	1,174,981	36874
C24025	Administration Building Fire Alarm System	$	83,986	36875
C24026	Campus-Wide Carpet Upgrade	$	329,700	36876
C24027	Reroof East, West, and North Buildings	$	173,999	36877
C24028	Instructional Laboratory - Phase 1	$	960,000	36878
C24031	Health Center Addition	$	9,750,000	36879
C24032	Student Services Building Replacement	$	8,100,000	36880
C24033	BGU Aviation Improvements	$	500,000	36881
C24034	Tunnel Upgrade-Phase II	$	98,820	36882
C24035	Library Depository Northwest	$	56,000	36883
C24036	Wood County Environmental Health Project	$	700,000	36884
Total Bowling Green State University		$	~~60,551,875~~ 61,251,875	36885

Reappropriations

Sec. 301.20.80. OSU OHIO STATE UNIVERSITY

36887

C31500	Basic Renovations	$	34,349,496	36888
C31501	Basic Renovations - Regional Campuses	$	6,506,516	36889
C31502	Brown Hall Annex Replacement	$	6,213	36890
C31505	Basic Renovations - ATI	$	129,714	36891
C31506	Supplemental Renovations - OARDC	$	3,319,202	36892
C31507	Supplemental Renovations - Regional	$	191,955	36893
C31508	Dreese Lab Addition	$	5,953	36894
C31510	Bioscience/Parks Hall Addition	$	12,584	36895
C31512	Greenhouse Modernization	$	40,982	36896
C31515	Life Sciences Research Building	$	218,170	36897
C31520	Food Science & Technology Building	$	92,786	36898
C31522	Heart & Lung Institute	$	32,437	36899
C31523	Superconducting Radiation	$	65,094	36900
C31524	Brain Tumor Research Center	$	6,001	36901
C31525	Engineering Center Net Shape Manufacturing	$	20,730	36902
C31526	Membrane Protein Typology	$	8,835	36903
C31527	Instructional and Data Processing Equipment	$	6,014,848	36904
C31528	Fine Particle Technologies	$	116,770	36905
C31529	Advanced Plasma Engineering	$	22,690	36906
C31530	Plasma Ramparts	$	1,150	36907
C31531	IN-SITU AL-BE Composites	$	1,733	36908
C31532	Jay Cooke Residence - Roof and Windows	$	86,668	36909
C31535	Asbestos Abatement	$	5,325	36910
C31536	Materials Network	$	91,983	36911
C31537	Bio-Technology Consortium	$	42,378	36912
C31538	Analytical Electron Microscope	$	375,000	36913
C31539	High Temp Alloys & Alluminoids	$	220,000	36914
C31541	Supplemental Renovations - ATI	$	33,969	36915
C31542	Maintenance, Receiving, and Storage Facility - Marion	$	58,646	36916
C31543	McPherson Lab Rehabilitation	$	37,243	36917
C31544	Heart and Lung Institute	$	101,808	36918
C31546	ADA Modifications - ATI	$	41,936	36919
C31547	ADA Modifications - Lima	$	358	36920
C31548	ADA Modifications - Mansfield	$	15,253	36921
C31550	Titanium Alloys	$	54,912	36922
C31552	Advanced Manufacturing	$	38,579	36923
C31553	Manufacturing Processes/Materials	$	62,574	36924
C31554	Terhertz Studies	$	35,294	36925
C31556	Marion Park/Road/Sidewalk/Lights	$	2,750	36926
C31557	Pomerene Lighting/Wiring	$	249,584	36927
C31558	NMR Consortium	$	75,116	36928
C31559	Versatile Film Facility	$	62,872	36929
C31560	OCARNET	$	5,916	36930
C31561	Bioprocessing Research	$	1,905	36931
C31562	Localized Corrosion Research	$	6,128	36932
C31563	ATM Testbed	$	3,633	36933
C31564	Physical Sciences Building	$	79,383	36934
C31565	Morrill Hall Remodeling - Vacated Library Space - Marion	$	923	36935
C31568	Sisson Hall Replacement	$	5,537	36936
C31570	Machinery Acoustics	$	3,804	36937
C31571	Sensors and Measurements	$	15,115	36938
C31572	Polymer Magnets	$	1,099	36939
C31574	A1 Alloy Corrosion	$	14,292	36940
C31578	Page Hall Planning	$	7,210	36941
C31579	Botany & Zoology Building Planning	$	209,467	36942
C31581	Robinson Laboratory Planning	$	36,765	36943
C31582	Don Scott Field Replacement Barns	$	1,495,619	36944
C31583	Galvin Hall 3rd Floor Renovation - Lima	$	22,135	36945
C31584	Horticultural Operations Center - ATI	$	1,475,400	36946
C31585	OARDC Feed Mill	$	5,050,968	36947
C31587	Biological Sciences Cooling Tower	$	6,930	36948
C31589	Mount Hall HVAC Modifications	$	40,982	36949
C31591	Ohio Biomedical Consortium on Medical Therapeutic Micro Devices	$	49,275	36950
C31592	Plant and Microbe Functional Genomics Facilities	$	16,259	36951
C31593	Consortium for Novem Microfabrications Methods of Medical Devices in Non-Silicon Materials	$	149,066	36952
C31594	Bone & Mineral Metabolism Research Lab	$	5,845	36953
C31597	Animal & Plant Biology Level 3	$	8,133,780	36954
C31598	Main Library Rehabilitation	$	56,456,214	36955
C31599	Psychology Building	$	57,722	36956
C315A0	Thorne Hall and Gowley Hall Renovations - Phase 3	$	598,043	36957
C315A2	Nanosecond Infrared Measurement	$	2,588	36958
C315A4	Millimeter/Submillimeter Instrument	$	5,919	36959
C315A5	X-Ray Powder Diffractometer	$	558	36960
C315A6	Deconvolution Microscope	$	1,101	36961
C315B2	Denney Hall Renovation - Phase I	$	18,495	36962
C315B3	Ion Mass Spectrometry	$	6,594	36963
C315B5	Role of Molecular Interfaces	$	17,773	36964
C315B8	New Millimeter Spectrometer	$	24,996	36965
C315C2	1224 Kinnear Road - Bale	$	11,105	36966
C315C3	Non-Silicon Micromachining	$	73,991	36967
C315C4	High Performance Computing	$	2,910	36968
C315C5	Veterinary Hospital Auditorium Renovation	$	7,736	36969
C315D0	OARDC Boiler Replacement	$	656,442	36970
C315D2	Supercomputer Center Expansion	$	1,600,414	36971
C315D5	Information Literacy	$	24,824	36972
C315D6	Online Business Major	$	6,618	36973
C315D8	Renovation of Graves Hall	$	68,196	36974
C315E0	OARDC Wooster Phone System Replacement	$	467,398	36975
C315E1	Utility - North Tunnel Steamline Upgrade	$	114,298	36976
C315E2	Dual Beam Characterization	$	150,000	36977
C315E6	Environmental Technology Consortium	$	11,297	36978
C315E7	Campbell, University, and Evans Hall	$	45,877	36979
C315E8	Laboratory Animal Facility	$	83,481	36980
C315F1	Western Branch Headquarters & Machinery Building	$	662,850	36981
C315F2	Muck Crops Branch/Shop Building Replacement	$	782,173	36982
C315F3	Hazardous Waste Handling/Storage Building	$	1,103,062	36983
C315F4	Agriculture/Engineering Building Renovation & Addition	$	200,000	36984
C315F5	~~Wood County Center for Agriculture~~ OSU Extension Office/Agriculture Business Enhancement Center	$	~~1,000,000~~ 300,000	36985
C315F6	Community Heritage Art Gallery - Lima	$	100,000	36986
C315F8	Nanotechnology Molecular Assembly	$	437,296	36987
C315F9	Networking and Communication	$	478,761	36988
C315G0	Planetary Gear	$	125,000	36989
C315G1	X-Ray Fluorenscence Spectrometer	$	2,283	36990
C315G2	Precision Navigation	$	85,000	36991
C315G3	Welding & Metal Working	$	200,000	36992
C315G5	Inductively Coupled Plasma Etching	$	126,492	36993
C315G6	Accelerated Metals	$	1,020,331	36994
C315G7	Mathematical Biosciences Institute	$	9,819	36995
C315G9	Mershon Auditorium HVAC System Improvements	$	3,379	36996
C315H0	Molecular Microdevices	$	2,066	36997
C315H1	Research Center HVAC System Improvements	$	38,052	36998
C315H2	Infrared Absorption Measurements	$	3,423	36999
C315H3	Dark Fiber	$	2,532,628	37000
C315H4	Shared Data Backup System	$	96,876	37001
C315H6	Third Frontier Network Testbed	$	202,763	37002
C315H7	Distributed Learning Workshop	$	2,500	37003
C315H8	Accelerated Maturation of Materials	$	42,279	37004
C315H9	Nanoscale Polymers Manufacturing	$	358,802	37005
C315J0	Hydrogen Production and Storage	$	217	37006
C315J1	Ohio Organic Semiconductor	$	226,422	37007
C315J4	Comprehensive Cancer - Chiller Replacement	$	19,187	37008
C315J5	Kottman Hall - 103 Central Classroom	$	20,893	37009
C315J7	Low Cost Nanocomposite Foams	$	101,705	37010
C315J8	West Campus Chilled Water & Scott Hall	$	20,093	37011
C315J9	McCracken Power Plant Spill Control	$	120,251	37012
C315K0	Glacial Assessment	$	22,764	37013
C315K2	Center for Advanced Propulsion and Power	$	1,313,076	37014
C315K3	Parks Hall Chiller Replacement	$	134,678	37015
C315K4	Hybrid Electric Vehicle Modeling	$	363,452	37016
C315K5	Computational Nanotechnology	$	500,000	37017
C315K6	Townshend Hall - Roof Replacement	$	328,772	37018
C315K8	Veterinary Hospital Roof Replacement Phase II	$	174,815	37019
C315K9	Hopkins Hall Phase II Priorities I, II	$	41,756	37020
C315L0	Bioscience 6th Floor Renovation - Priority	$	140,937	37021
C315L1	Ohio Commons For Digital Education	$	14,594	37022
C315L2	Postle Hall Fire Alarm Replacement	$	116,441	37023
C315L3	NonCredit Job Education & Training	$	14,201	37024
C315L4	Campus South Dorms Renovation/Improvements	$	3,767	37025
C315L5	Bricker Hall Roof Replacement	$	23,608	37026
C315L8	Cooperative Control Testbed	$	3,000	37027
C315M0	Neuroscience Center Core	$	576	37028
C315M2	Campus Grounds-Exterior Lighting - Phase VIII	$	31,523	37029
C315M3	930 Kinnear Road Renovations	$	181,402	37030
C315M4	Waterman Lab & Don Scott Field	$	23,528	37031
C315M5	Lincoln Tower Renovations - Phase I	$	254,767	37032
C315M6	Coe Corrosion Coop	$	56,781	37033
C315M7	OSU Cancer Program Expansion	$	2,000,000	37034
C315M8	Smith Laboratory Rehabilitation	$	2,799,448	37035
C315M9	Warner Library and Student Center	$	1,618,275	37036
C315N0	Hopewell Hall Science Suite	$	508,408	37037
C315N1	Atomic Force Microscopy	$	180,000	37038
C315N2	Interactive Applications	$	344,865	37039
C315N3	Platform Lab	$	76,685	37040
C315N4	Integrated Biomass to Electricity	$	392,680	37041
C315N8	Center for Polymer Nanomaterials	$	9,801,899	37042
C315N9	Ohio Bioproducts Innovation Center	$	7,765,250	37043
C315P1	Specialized Planetary Gears	$	40,920	37044
C315P2	OSU Agricultural Building	$	295,409	37045
C315P3	Automated AFM System	$	618	37046
C315P4	Integrated Wireless Communication	$	3,454	37047
C315P5	Newton Hall-Roof Replacement	$	140,646	37048
C315P6	Chirped-Pulse Amplifier	$	258,732	37049
C315P7	Central Classroom Building Renovation	$	55,686	37050
C315P9	Airport Hangers 1 2 & 3 Roof Replacement	$	485,250	37051
C315Q0	Veterinary Hospital Holding Replacement	$	1,902,970	37052
C315Q1	Aeronautical and Astronautical Research Lab-Roof Replacement	$	676,482	37053
C315Q2	Superconductivity Technology Center	$	324,136	37054
C315Q3	Periodic Materials Assemblies	$	60,239	37055
C315Q4	Biological Sciences Building Supply Fan Replacement	$	628,573	37056
C315Q5	Biological Sciences Building-Fume Hood Repairs	$	968,531	37057
C315Q6	Kottman Hall Fume Hood Repairs	$	1,476,940	37058
C315Q7	Photonic Force Microscope	$	4,887	37059
C315Q9	Brown Hall Renovation/Replacement	$	3,500,000	37060
C315R0	Hughes Hall Renovation	$	1,500,000	37061
C315R1	COMPH Academic Center	$	5,000,000	37062
C315R2	Murray Hall Renovation	$	1,000,000	37063
C315R3	New Student Life Building	$	1,000,000	37064
C315R4	Founders/Hopewell Hall Renovation	$	1,960,080	37065
C315R5	Agricultural and Biological Engineering Building Renovation	$	4,000,000	37066
C315R6	Selby Hall Phytotron Facility Renovation	$	2,000,000	37067
C315R7	Stone Laboratory Resource Facility Improvements	$	500,000	37068
C315R8	OSU Extension Safety Improvements in Madison County	$	94,000	37069
C315R9	Camp Clifton Improvements	$	90,000	37070
C315S0	Delaware Speech & Hearing with OSU Medical College	$	75,000	37071
C315S1	Kottman Hall-Windows/Masonry Renovation	$	1,065,280	37072
C315S2	Postle Hall Partial Window Replacement	$	630,000	37073
C315S3	Celeste Lab Fume Hood Repairs	$	1,000,300	37074
C315S4	Utility Upgrade/East Campus Area	$	45,969	37075
Total Ohio State University		$	~~200,348,786~~ 199,648,786	37076

~~WOOD COUNTY CENTER FOR AGRICULTURE~~OSU EXTENSION	37077
OFFICE/AGRICULTURE BUSINESS ENHANCEMENT CENTER	37078

~~Of the~~The foregoing appropriation item C315F5, ~~Wood County~~	37079
~~Center for Agriculture~~OSU Extension Office/Agriculture Business	37080
Enhancement Center, ~~up to $300,000~~ shall be used for building	37081
renovations to the ~~OSU Extension Office/Ag Business Enhancement~~	37082
Center.	37083

Sec. 401.11. RIVERFRONT IMPROVEMENTS

37084

Of the foregoing reappropriation item C725D0, Riverfront	37085
Improvements, $1,000,000 shall be used for the Riverfront West	37086
Park Development - Cincinnati Park Board, Hamilton County.	37087

LOCAL PARKS PROJECTS

37088

Of the foregoing appropriation item C725E2, Local Parks	37089
Projects, $2,000,000 shall be used for the Center City Park in	37090
Springfield; $1,200,000 shall be used for the Cincinnati Zoo;	37091
$1,000,000 shall be used for the East Bank/Flats Project;	37092
$1,000,000 shall be used by the Warren County Park District for	37093
Land Acquisition or Improvements; $540,000 shall be used for Tar	37094
Hollow State Park Improvements; $300,000 shall be used by the City	37095
of Mason for Handicap Accessible Park Improvements; $250,000	37096
shall be used for Van Buren State Park ~~Land Acquisitions~~Camp	37097
Ground Electrification and Restroom Facilities Improvements;	37098
~~$200,000 shall be used for Harrison Village Historical~~	37099
~~Society-Phoenix Park Museum;~~ $200,000 shall be used for Indian	37100
Lake State Park Dredging Improvements; $191,000 shall be used for	37101
Deerfield Township Simpson Creek Erosion Mitigation and Bank	37102
Control; $185,000 shall be used for the City of Wilmington Park	37103
Upgrades/Tennis Courts; $175,700 shall be used for the Georgetown	37104
Community Tennis Park; $150,000 shall be used for Kelleys Island	37105
Park Improvements; $150,000 shall be used for Perry Township Camp	37106
Improvements; $100,000 shall be used for Mountain Bike	37107
Park/Midtown Cleveland; $100,000 shall be used for the Chester	37108
Township Park; $100,000 shall be used for the Wyoming City	37109
Regional Park; $100,000 shall be used for the Hamilton County	37110
Stadium Facilities; $69,000 shall be used for Miami Erie Canal	37111
Repairs in Spencerville; $60,000 shall be used for Marseilles	37112
Reservoir Bulk Head Project; $50,000 shall be used for	37113
Beavercreek/John Aekeney Soccer Field and Park; $50,000 shall be	37114
used for the Beavercreek Community Athletic Association Facility	37115
and Park Upgrade; $50,000 shall be used for the Columbus Zoo	37116
Education Center; $50,000 shall be used for Dillon State Park	37117
Upgrades; $50,000 shall be used for Indian Lake State Park	37118
Shoreline Improvements; $25,000 shall be used for the Cleveland	37119
Police and Firefighters Memorial Park; $25,000 shall be used	37120
for Grand Lake St. Mary's Improvements; $25,000 shall be used	37121
for Geauga Veterans Monument Park Improvements; $19,000 shall	37122
be used for East Fork State Park-Harsha Lake Dock Improvements;	37123
$10,000 shall be used for the Marine Corps League	37124
Park/Monument; $10,000 shall be used for Huntington Township	37125
Park Improvements; and $5,000 shall be used for Morrow County	37126
Bicentennial Park.	37127

STATEWIDE TRAILS PROGRAM

37128

Of the foregoing reappropriation item C725L8, Statewide	37129
Trails Program, $2,000,000 shall be used for the Ohio to Erie	37130
Trail by Franklin County Metro Parks; $1,900,000 shall be used for	37131
the Cuyahoga Towpath Trail; and $210,000 shall be used for the	37132
Trumbull Bike Trail.	37133

FEDERAL REIMBURSEMENT

37134

All reimbursements received from the federal government for	37135
any expenditures made pursuant to Sections 401.10 and 401.11 of	37136
this act shall be deposited in the state treasury to the credit of	37137
the Parks and Recreation Improvement Fund.	37138

Sec. 401.71. The Ohio Public Facilities Commission is hereby	37139
authorized to issue and sell, in accordance with Section 2m2p of	37140
Article VIII, Ohio Constitution, and pursuant to sections 151.01	37141
and 151.08 of the Revised Code, original obligations of the	37142
state, in an aggregate principal amount not to exceed	37143
$120,000,000, in addition to the original obligations heretofore	37144
authorized by prior acts of the General Assembly. These authorized	37145
obligations shall be issued and sold from time to time, subject to	37146
applicable constitutional and statutory limitations, as needed to	37147
ensure sufficient moneys to the credit of the State Capital	37148
Improvements Fund (Fund 7038) to pay costs of the state in	37149
financing or assisting in the financing of local subdivision	37150
capital improvement projects.	37151

Section 610.51. That existing Sections 101.10, 103.80.50,	37152
201.30, 201.50, 301.20.20, 301.20.80, 401.11, and 401.71 of H.B.	37153
496 of the 127th General Assembly are hereby repealed.	37154

Section 620.10. That Section 375.80.10 of Am. Sub. H.B. 119	37155
of the 127th General Assembly is hereby repealed.	37156

Section 620.20. That Section 5 of Am. Sub. H.B. 24 of the	37157
127th General Assembly is hereby repealed.	37158

Section 701.10. (A) As used in this section, "employer" has	37159
the same meaning as in division (D) of section 145.01 of the	37160
Revised Code.	37161

(B) Notwithstanding the penalty provided for in section	37162
145.47 of the Revised Code as it existed immediately prior to its	37163
amendment by this act, the Public Employees Retirement System	37164
shall recalculate, as described in this section, any penalty	37165
incurred under that section by an employer during the period	37166
beginning April 1, 2006, and ending the day before the effective	37167
date of this section, if the retirement system receives the	37168
recalculated amount not later than thirty days after the effective	37169
date of this section. The penalty shall be recalculated in	37170
accordance with section 145.47 of the Revised Code, as amended by	37171
this act.	37172

(C) If an employer fails to pay the recalculated amount in	37173
accordance with division (B) of this section, the retirement	37174
system shall reinstate to the original amount any penalty that was	37175
recalculated under division (B) of this section. If an employer	37176
fails to pay the reinstated penalty, that amount shall be withheld	37177
from the employer on certification by the Public Employees	37178
Retirement Board to the Director of Budget and Management or the	37179
county auditor, as appropriate.	37180

(D) If, prior to the effective date of this section, an	37181
employer described in division (B) of this section paid the	37182
penalty in accordance with section 145.47 of the Revised Code, as	37183
it existed immediately prior to its amendment by this act, the	37184
retirement system shall credit to the employer's account the	37185
difference between the amount of the penalty that was paid and the	37186
recalculated penalty to reduce any amounts due from the employer	37187
under Chapter 145. of the Revised Code. The credit shall be	37188
completed not later than six months after the effective date of	37189
this section.	37190

Section 703.20. Notwithstanding section 321.261 of the	37191
Revised Code, in any county that has a population exceeding four	37192
hundred thousand according to the most recent decennial census	37193
and upon certification by the county treasurer and the	37194
prosecuting attorney that surplus funds exist in the delinquent	37195
tax and assessment collection fund, a board of county	37196
commissioners of a county may, by resolution, authorize the use of	37197
up to the amount in the county's delinquent tax and assessment	37198
collection fund certified as surplus by the county treasurer and	37199
prosecuting attorney to prevent residential mortgage foreclosures	37200
in the county and to assist municipal corporations located in the	37201
county in the nuisance abatement of deteriorated residential	37202
buildings. The board of county commissioners shall appropriate	37203
moneys to the county treasurer or the prosecuting attorney for use	37204
in the prevention of residential mortgage foreclosures in the	37205
county and to fund grants to nonprofit corporations that are	37206
housing counseling agencies and to fund service contracts with	37207
nonprofit corporations that are housing counseling agencies and	37208
that, in furtherance of foreclosure prevention activities, provide	37209
financial assistance in the form of grants or loans to borrowers	37210
in default on their home mortgages, including for the payment of	37211
late fees, to clear arrearage balances, and to augment moneys used	37212
in the county's Foreclosure Prevention and Homebuyer Education	37213
Programs. The board of county commissioners shall appropriate	37214
moneys to the county treasurer or the prosecuting attorney for	37215
use, upon application from a political subdivision, in the	37216
nuisance abatement of deteriorated residential buildings,	37217
including paying the costs of boarding up and securing those	37218
buildings and lot maintenance and demolition costs.	37219

Section 705.10. Notwithstanding section 5709.73 of the	37220
Revised Code, a board of township trustees of a township with a	37221
population exceeding fifty-five thousand according to the most	37222
recent federal decennial census may adopt a resolution under	37223
division (B) of that section on or before December 31, 2008, by	37224
majority vote. Such a board may adopt a resolution under division	37225
(C) of that section on or before December 31, 2008, by majority	37226
vote, if the other requirements of that division are satisfied.	37227

Section 707.10. The Ohio Police and Fire Pension Fund Board	37228
shall file a semiannual report with the Ohio Retirement Study	37229
Council with respect to any investments sold, redeemed, divested,	37230
or withdrawn due to a company's business ties to Iran or Sudan.	37231

Section 711.10. (A) As used in this section, "Community	37232
development bank" has the meaning as set forth in the "Federal	37233
Deposit Insurance Corporation Improvement Act of 1991," 105 Stat.	37234
2317, 12 U.S.C. 1834b(e)(1).	37235

(B) Notwithstanding any contrary provision of section 135.33	37236
of the Revised Code, a community development bank, pursuant to	37237
that section, may apply to, and be designated by, a county as a	37238
depository of active moneys during the county's period of	37239
designation in effect on the effective date of this section if all	37240
of the following apply:	37241

(1) The bank is located in a county with a population of over	37242
one million three hundred thousand people based on the most recent	37243
decennial census figures from the United States Department of	37244
Commerce, Division of Census;	37245

(2) The bank has previously served the county described in	37246
division (B)(1) of this section as a depository;	37247

(3) The bank applies to the county described in division	37248
(B)(1) of this section to be a depository; and	37249

(4) The bank is an eligible institution under section 135.32	37250
of the Revised Code.	37251

Section 715.10. The Department of Natural Resources and the	37252
Department of Public Safety shall seek all available federal money	37253
to assist the City of Findlay in rebuilding infrastructure or	37254
building preventative infrastructure with respect to flood	37255
mitigation and preparation.	37256

Section 715.20. The General Assembly hereby declares that a	37257
loan that is currently outstanding and that was granted prior to	37258
1995 by the Ohio Water Development Authority to a regional water	37259
and sewer district concerning which the district originally	37260
received only an initial advance of less than $5,000 from an	37261
original loan agreement of $100,000 is hereby void and shall not	37262
be collected by the Authority.	37263

Section 715.40. It is the intent of the General Assembly	37264
that the authorization of a transfer of a portion of the interest	37265
money in the Coal-Workers Pneumoconiosis Fund created in section	37266
4131.03 of the Revised Code, by the amendment of that section by	37267
this act, to the Mine Safety Fund created in section 1561.24 of	37268
the Revised Code, as enacted by this act, is not to be a	37269
long-term funding source for the Mine Safety Fund. In addition,	37270
the General Assembly's authorization of such a transfer by this	37271
act does not establish a precedent for the transfer of money from	37272
other Bureau of Workers' Compensation funds to other funds.	37273
Finally, the Department of Natural Resources shall examine	37274
sources other than the Coal-Workers Pneumoconiosis Fund to	37275
provide money for the Mine Safety Fund and report its findings to	37276
the Bureau of Workers' Compensation Board of Directors	37277
immediately prior to the five-year review of the rules adopted	37278
under division (B)(2) of section 4131.03 of the Revised Code, as	37279
amended by this act.	37280

Section 733.10. (A) As used in this section:

37281

(1) "Eligible school district" means a city, exempted	37282
village, or local school district for which the certification of	37283
taxable values made under division (A) of section 3317.021 of the	37284
Revised Code for fiscal year 2007 and for fiscal year 2008	37285
erroneously included at least ten million dollars in assessed	37286
value of tax-exempt public utility property.	37287

(2) "Tax-exempt public utility property" means real or	37288
tangible personal property used in the provision of a public	37289
utility service that was exempted from taxation for tax years 2005	37290
and 2006 under section 5709.62 or 5709.63 of the Revised Code.	37291

(3) "State education aid" has the same meaning as in section	37292
5751.20 of the Revised Code, except that for fiscal year 2007,	37293
state education aid includes both of the following:	37294

(a) The transportation payment calculated under Section	37295
206.09.21 of Am. Sub. H.B. 66 of the 126th General Assembly, as	37296
amended, instead of division (D) of section 3317.022 of the	37297
Revised Code;	37298

(b) Transitional aid calculated under Section 206.09.39 of	37299
that act, as amended.	37300

(4) "2005 valuation adjustment" means the assessed value of	37301
tax-exempt public utility property that was included in the	37302
certification made under division (A) of section 3317.021 of the	37303
Revised Code for fiscal year 2007.	37304

(5) "2006 valuation adjustment" means the assessed value of	37305
tax-exempt public utility property that was included in the	37306
certification made under division (A) of section 3317.021 of the	37307
Revised Code for fiscal year 2008.	37308

(6) "Total taxes charged and payable for current expenses"	37309
has the same meaning as in section 3317.0216 of the Revised Code.	37310

(7) "2005 local revenue adjustment" means the amount of total	37311
taxes charged and payable for current expenses, as calculated for	37312
an eligible school district for fiscal year 2007, that is	37313
attributable to the tax exempt public utility property that was	37314
included in the certification made under division (A)(3)(a) of	37315
section 3317.021 of the Revised Code for that fiscal year.	37316

(8) "2006 local revenue adjustment" means the amount of total	37317
taxes charged and payable for current expenses, as calculated for	37318
an eligible school district for fiscal year 2008, that is	37319
attributable to the tax exempt public utility property that was	37320
included in the certification made under division (A)(3)(a) of	37321
section 3317.021 of the Revised Code for that fiscal year.	37322

(B)(1) The Department of Education shall recompute an	37323
eligible school district's state education aid for fiscal year	37324
2007 by reducing the total taxable value certified for the	37325
district under division (A) of section 3317.021 of the Revised	37326
Code for that fiscal year by an amount equal to the 2005 valuation	37327
adjustment, and by reducing the district's total taxes charged and	37328
payable for current expenses for that fiscal year by the 2005	37329
local revenue adjustment, and pay the district the increase in	37330
state education aid resulting from the recomputation. Each	37331
component of state education aid affected by the valuation and	37332
revenue adjustment shall be recomputed. Within forty-five days	37333
after the effective date of this section, the payment shall be	37334
made from money appropriated for fiscal year 2008 under the	37335
appropriation line items corresponding with the components of	37336
state education aid required to be recomputed under this	37337
division.	37338

(2) The Department of Education shall recompute an eligible	37339
school district's state education aid for fiscal year 2008 by	37340
reducing the total taxable value certified for the district under	37341
division (A) of section 3317.021 of the Revised Code for that	37342
fiscal year by an amount equal to the 2006 valuation adjustment,	37343
and by reducing the district's total taxes charged and payable for	37344
current expenses for that fiscal year by the 2006 local revenue	37345
adjustment, and pay the district the increase in state education	37346
aid resulting from the recomputation. Each component of state	37347
education aid affected by the valuation and revenue adjustment	37348
shall be recomputed. The payment shall be made from money	37349
appropriated for fiscal year 2008 under the appropriation line	37350
items corresponding with the components of state education aid	37351
required to be recomputed under this division. The amount of the	37352
payment shall be divided in equal amounts among the remaining	37353
payments of state education aid required to be made during fiscal	37354
year 2008 that have not been paid before the effective date of	37355
this section, and paid at the same time as those payments.	37356

(3) The recomputed total taxable value, the recomputed total	37357
taxes charged and payable for current expenses, and state	37358
education aid recomputed under divisions (B)(1) and (2) of this	37359
section shall be regarded as the district's total taxable value,	37360
total taxes charged and payable for current expenses, and state	37361
education aid for fiscal year 2007 and 2008, respectively, for all	37362
purposes of Chapter 3317. of the Revised Code; Am. Sub. H.B. 66 of	37363
the 126th General Assembly, including the computation of	37364
transitional aid under Section 206.09.39 of that act, as amended;	37365
and Am. Sub. H.B. 119 of the 127th General Assembly, including	37366
under Section 269.30.80 of that act.	37367

(4) Any amounts payable under division (B)(1) or (2) of this	37368
section shall be reduced by any amount paid under section 3317.026	37369
of the Revised Code if the amount paid under that section was paid	37370
on account of refunded taxes charged against tax-exempt public	37371
utility property for tax year 2005 or 2006 and for which	37372
recomputation is made under division (B) of this section.	37373

(C) The Department of Education shall recompute an eligible	37374
school district's adjusted valuation per pupil, three-year average	37375
adjusted valuation per pupil, and average taxable value for the	37376
purposes of ranking the district under section 3318.011 of the	37377
Revised Code, and determining the district's portion of the basic	37378
project cost under section 3318.032 of the Revised Code, for any	37379
such computation that includes the taxable values certified for	37380
the district for tax year 2005 or 2006 under division (A) of	37381
section 3317.021 of the Revised Code. For computations of	37382
valuation per pupil or average taxable value that include the	37383
taxable value certified for tax year 2005, the recomputation	37384
shall incorporate the taxable values so certified reduced by the	37385
2005 valuation adjustment. For computations of valuation per	37386
pupil or average taxable value that include the taxable value	37387
certified for tax year 2006, the recomputation shall incorporate	37388
the taxable values so certified reduced by the 2006 valuation	37389
adjustment. Within forty-five days after the effective date of	37390
this act, the Department shall adjust the percentile ranking of	37391
the district in the same manner as it was certified to the Ohio	37392
School Facilities in September 2007, but using the 2005 and 2006	37393
valuation adjustments, and perform the Department's other duties	37394
under section 3318.011 of the Revised Code to reflect the	37395
recomputations, and shall certify the recomputations and other	37396
information required by that section to the Ohio School Facilities	37397
Commission. The Commission shall adjust the portion of basic	37398
project cost to be supplied by the district on the basis of the	37399
department's certification.	37400

Section 733.12. The education offset recalculations made	37401
under section 5751.21 of the Revised Code for October 31, 2007,	37402
shall be calculated as if the amendments by this act of section	37403
5727.85 of the Revised Code were effective at that time. Any	37404
school district that becomes eligible for payment in calendar year	37405
2008 because of the recalculation shall receive its first-half	37406
payment along with its second-half payment in August 2008.	37407

Section 733.13. (A) As used in this section, "equity list"	37408
means the school district percentile rankings calculated under	37409
section 3318.011 of the Revised Code.	37410

(B) Not later than thirty days after the effective date of	37411
this section, the Department of Education shall create an	37412
alternate equity list for fiscal year 2008 by recalculating each	37413
school district's percentile ranking under section 3318.011 of the	37414
Revised Code and shall certify the alternate equity list to the	37415
Ohio School Facilities Commission. For this purpose, the	37416
Department shall recalculate every school district's percentile	37417
ranking using the district's "valuation per pupil" as that term is	37418
defined in the version of section 3318.011 of the Revised Code in	37419
effect on and after September 29, 2007. When recalculating the	37420
percentile rankings, the Department shall use the same values for	37421
"average taxable value," "formula ADM," and "income factor," as	37422
those terms are defined in section 3318.011 of the Revised Code,	37423
that it used in calculating the original equity list for fiscal	37424
year 2008 certified to the Commission on September 5, 2007, and	37425
shall not use any updated values for those variables.	37426

(C) The Commission shall use the alternate equity list	37427
certified under division (B) of this section to determine the	37428
priority for assistance under sections 3318.01 to 3318.20 of the	37429
Revised Code in fiscal year 2009 for each school district that has	37430
not previously been offered funding under those sections. The	37431
alternate equity list shall not affect any school district's	37432
eligibility for the Exceptional Needs School Facilities Assistance	37433
Program under section 3318.37 of the Revised Code.	37434

(D) Notwithstanding any provision of Chapter 3318. of the	37435
Revised Code to the contrary, for each school district that	37436
receives the Commission's conditional approval of the district's	37437
project under sections 3318.01 to 3318.20 or section 3318.37 of	37438
the Revised Code in fiscal year 2009, the district's portion of	37439
the basic project cost shall be the lesser of the following:	37440

(1) The amount required under section 3318.032 of the Revised	37441
Code calculated using the percentile in which the district ranks	37442
on the alternate equity list certified under division (B) of this	37443
section;	37444

(2) The amount required under section 3318.032 of the Revised	37445
Code calculated using the percentile in which the district ranks	37446
on the original equity list for fiscal year 2008.	37447

Section 733.14. (A) As used in this section:

37448

(1) "Alternative equity list" means a rank order of all city,	37449
exempted village, and local school districts into percentiles	37450
according to the one-year adjusted valuation per pupil of each	37451
district from lowest to higher adjusted valuation per pupil,	37452
computed as follows:	37453

(The district's total taxable value for tax year 2006 / the	37454
district's formula ADM for fiscal year 2007) - [$30,000 x (1 -the	37455
district's income factor for fiscal year 2007)]	37456

(2) "Original equity list" means the school district	37457
percentile ranking according to the three-year average adjusted	37458
valuation per pupil of all city, exempted village, and local	37459
school districts calculated under section 3318.011 of the Revised	37460
Code and certified to the Ohio School Facilities Commission on	37461
September 5, 2007.	37462

(3) "Project" has the same meaning as in section 3318.01 of	37463
the Revised Code.	37464

(4) "School district's portion of the basic project cost"	37465
means the portion of the basic project cost computed under section	37466
3318.032 of the Revised Code.	37467

(5) "Total taxable value," "formula ADM," and "income factor"	37468
have the same meanings as in section 3317.02 of the Revised Code.	37469

(B) Not later than thirty days after the effective date of	37470
this section, the Department of Education shall create the	37471
alternative equity list defined in this section and shall certify	37472
that list to the Ohio School Facilities Commission for its use in	37473
determining funding of school district projects for fiscal year	37474
2009, in the manner prescribed in division (C) of this section.	37475

(C) Notwithstanding any provision to the contrary in Chapter	37476
3318. of the Revised Code, for fiscal year 2009 only, in the case	37477
of any school district that has not received funding under	37478
sections 3318.01 to 3318.20 of the Revised Code in any fiscal year	37479
prior to fiscal year 2009 and for which the district's rank on the	37480
alternative equity list is at least fifteen percentiles lower than	37481
the district's rank on the original equity list:	37482

(1) The Commission shall use the district's percentile on the	37483
alternative equity list to determine the district's priority for	37484
assistance and the school district's portion of the basic project	37485
cost for a project under sections 3318.01 to 3318.20 of the	37486
Revised Code, rather than the district's percentile on the	37487
original equity list as otherwise provided under those sections;	37488

(2) The Commission shall use the district's percentile on the	37489
alternative equity list to determine the school district's portion	37490
of the basic project cost for a project under section 3318.37 of	37491
the Revised Code, rather than the district's percentile on the	37492
original equity list as otherwise provided under that section. The	37493
alternative equity list shall not affect any school district's	37494
eligibility and priority for assistance under that section.	37495

The Commission shall not use the alternative equity list to	37496
determine the priority for funding or a school district's portion	37497
of the basic project cost for any other school district or for any	37498
other program administered by the Commission.	37499

(D) If a school district is offered funding under sections	37500
3318.01 to 3318.20 or section 3318.37 of the Revised Code for	37501
fiscal year 2009 based on this section, the district's project	37502
shall proceed as specified in those sections, except as otherwise	37503
provided in this section.	37504

Section 733.15. Notwithstanding division (B) of section	37505
3318.40 of the Revised Code, the Ohio School Facilities	37506
Commission may set aside up to three per cent of the aggregate	37507
amount appropriated to it in fiscal year 2008 for classroom	37508
facilities assistance projects in the Education Facilities Trust	37509
Fund established under section 183.26 of the Revised Code, the	37510
Public School Building Fund established under section 3318.15 of	37511
the Revised Code, and the School Building Program Assistance Fund	37512
established under section 3318.25 of the Revised Code to provide	37513
assistance to joint vocational school districts for the	37514
acquisition of classroom facilities in accordance with sections	37515
3318.40 to 3318.45 of the Revised Code.	37516

Section 733.20. Notwithstanding any provision to the contrary	37517
in Chapter 3314. of the Revised Code, with respect to the	37518
calculation of full-time equivalency under division (L)(3) of	37519
section 3314.08 of the Revised Code, the Superintendent of Public	37520
Instruction shall waive the number of hours or days of learning	37521
opportunities not offered to a student because a community school	37522
was closed during the 2007-2008 school year due to disease	37523
epidemic, hazardous weather conditions, inoperability of school	37524
buses or other equipment necessary to the school's operation,	37525
damage to a school building, or other temporary circumstances due	37526
to utility failure rendering the school building unfit for school	37527
use, so long as the school was actually open for instruction with	37528
pupils in attendance during that school year for not less than	37529
nine hundred twenty hours. For purposes of determining funding	37530
for the community school under Chapter 3314. of the Revised Code	37531
for the 2007-2008 school year, the Department of Education shall	37532
treat the school as if it were open for instruction with pupils	37533
in attendance during the hours or days waived under this section.	37534

Section 733.21. (A) Notwithstanding sections 3313.48,	37535
3313.481, and 3317.01 of the Revised Code, no school district to	37536
which the following conditions apply shall be required to make up	37537
any days or hours a school was closed during the 2007-2008 school	37538
year due to flooding from a burst water pipe:	37539

(1) The flooding caused the school to be closed for only one	37540
day in excess of the number permitted by sections 3313.48,	37541
3313.481, and 3317.01 of the Revised Code and the other schools of	37542
the district were not closed for any days in excess of the number	37543
permitted by those sections.	37544

(2) The length of the school day for the school closed due to	37545
flooding exceeds the minimum number of hours required by the State	37546
Board of Education under section 3313.48 of the Revised Code by at	37547
least one-half hour.	37548

(B) A school district described in division (A) of this	37549
section shall not be considered to have failed to comply with	37550
division (B) of section 3317.01 of the Revised Code during the	37551
2007-2008 school year for purposes of receiving state payments	37552
under Chapter 3317. of the Revised Code in fiscal year 2009.	37553

Section 733.30. (A)(1) The clearinghouse of distance	37554
learning courses established under former sections 3353.20 to	37555
3353.30 of the Revised Code is hereby moved from the eTech Ohio	37556
Commission to the Chancellor of the Ohio Board of Regents. On and	37557
after the effective date of this section, that clearinghouse shall	37558
be administered by the Chancellor in the manner prescribed by	37559
sections 3353.20 (3333.81), 3353.21 (3333.82), 3353.22 (3333.83),	37560
3353.26 (3333.85), 3353.27 (3333.86), 3353.28 (3333.87), and	37561
3353.29 (3333.88) of the Revised Code, as amended and renumbered	37562
by this act, new section numbers indicated in parentheses, and	37563
section 3333.84 of the Revised Code as enacted by this act.	37564

(2) The Chancellor is thereupon and thereafter successor to	37565
and assumes the obligations of the Commission as they relate to	37566
the distance learning clearinghouse.	37567

(3) Any business commenced but not completed by the	37568
Commission related to the distance learning clearinghouse shall be	37569
completed by the Chancellor in the same manner, and with the same	37570
effect, as if completed by the Commission. No validation, cure,	37571
right, privilege, remedy, obligation, or liability is lost or	37572
impaired by reason of moving the clearinghouse from the Commission	37573
to the Chancellor.	37574

(4) All of the rules of the Commission related to the	37575
distance learning clearinghouse continue in effect as rules of the	37576
Chancellor, until amended or rescinded by the Chancellor.	37577

(B) No judicial or administrative action or proceeding	37578
related to the distance learning clearinghouse, in which the	37579
Commission is a party, that is pending on the effective date of	37580
this section is affected by reason of moving the clearinghouse	37581
from the Commission to the Chancellor. Such action or proceeding	37582
shall be prosecuted or defended in the name of the Chancellor. On	37583
application to the court or other tribunal, the Chancellor of the	37584
Ohio Board of Regents shall be substituted for the eTech Ohio	37585
Commission as a party to such action or proceeding.	37586

(C) On the effective date of this section, all books,	37587
records, documents, files, transcripts, equipment, furniture,	37588
supplies, and other materials related to the distance learning	37589
clearinghouse assigned to or in the possession of the Commission	37590
shall be transferred to the Chancellor.	37591

Section 733.40. DOE MEDICAID SCHOOL COMPONENT OF THE	37592
MEDICAID PROGRAM	37593

Upon the request of the Superintendent of Public Instruction,	37594
the Director of Budget and Management may transfer up to	37595
$1,000,000 cash and appropriation in fiscal year 2009 from General	37596
Revenue Fund appropriation item 200550, Foundation Funding, to	37597
appropriation item 200603, Schools Medicaid Administrative Claims	37598
(Fund 3AF0). The funds transferred are to be used by the	37599
Department of Education to pay the expenses the Department incurs	37600
in administering the Medicaid School Component of the Medicaid	37601
program established under sections 5111.71 to 5111.715 of the	37602
Revised Code. On June 1, 2009, or as soon as possible thereafter,	37603
the Director of Budget and Management shall transfer cash and	37604
appropriation back to General Revenue Fund appropriation item	37605
200550, Foundation Funding, the total amount transferred in fiscal	37606
year 2009.	37607

The money deposited into the Medicaid School Program	37608
Administrative Fund (Fund 3AF0) pursuant to division (B) of	37609
section 5111.714 of the Revised Code is hereby appropriated to	37610
appropriation item 200603, Schools Medicaid Administrative Claims,	37611
for fiscal year 2009 and shall be used in accordance with division	37612
(D) of section 5111.714 of the Revised Code.	37613

Section 733.50. Notwithstanding divisions (A)(1)(b) and (c)	37614
of section 3333.122 of the Revised Code, an Ohio resident who	37615
first enrolls in an undergraduate program in the 2008-2009	37616
academic year in an education program of at least two years'	37617
duration sponsored by a private institution of higher education in	37618
this state that meets the requirements of Title VI of the Civil	37619
Rights Act of 1964 and that as of July 1, 2008, has a pending	37620
application for a certificate of authorization from the Chancellor	37621
of the Board of Regents pursuant to Chapter 1713. of the Revised	37622
Code shall be an eligible student, as defined in section 3333.122	37623
of the Revised Code.	37624

For purposes of this section, "pending application" means a	37625
submitted application approved as sufficient by the Chancellor and	37626
that has not been otherwise denied or withdrawn.	37627

Section 733.60. The Governor shall consult with the Speaker	37628
of the House of Representatives and the President of the Senate	37629
prior to appointing initial members of the board of trustees of	37630
the Northeastern Ohio Universities College of Medicine under	37631
division (A)(3) of section 3350.10 of the Revised Code.	37632

Section 737.10. HOME MEDICAL EQUIPMENT SERVICE PROVIDERS

37633

If a provider of home medical equipment services holds a	37634
license or certificate of registration scheduled to expire in an	37635
odd-numbered year pursuant to sections 4752.05 and 4752.12 of the	37636
Revised Code, as those sections existed prior to being amended by	37637
this act, the next renewal of the license or certificate that	37638
occurs after the effective date of this section shall be	37639
processed by the Ohio Respiratory Care Board in accordance with	37640
the even-numbered year licensing and registration periods	37641
specified in sections 4752.05 and 4752.12 of the Revised Code,	37642
as amended by this act. The Board shall provide for a	37643
proportionate reduction in the renewal fee that otherwise would	37644
apply for renewing the license or certificate.	37645

Section 743.10. (A) It is the intent of the General Assembly	37646
in amending sections 4301.071, 4303.232, and 4303.33 of the	37647
Revised Code in this act to clarify that the amendments made to	37648
section 4301.43 and the enactment of sections 4303.071 and	37649
4303.232 of the Revised Code by Am. Sub. H.B. 119 of the 127th	37650
General Assembly were not meant to subject the holders of B-2a	37651
permits or S permits to the tax levied under section 4301.43 of	37652
the Revised Code. The imposition of the tax levied under Section	37653
4301.43 of the Revised Code on those permit holders was the result	37654
of a technical drafting error that the General Assembly is now	37655
correcting with this section.	37656

(B) The Tax Commissioner shall determine the amount of tax	37657
that has been levied under section 4301.43 of the Revised Code on	37658
each holder of a B-2a permit and each holder of an S permit and	37659
that should not have been collected for the time period beginning	37660
on October 1, 2007, and ending on December 31, 2007, or for any	37661
period in calendar year 2008 for which a B-2a or S permit holder	37662
has already filed a return and paid the tax levied under section	37663
4303.43 of the Revised Code prior to the effective date of this	37664
section. The Tax Commissioner then shall refund the amounts so	37665
determined to the applicable B-2a permit holders and S permit	37666
holders.	37667

Section 751.10. ICF/MR CONVERSION

37668

(A) As used in this section, "home and community-based	37669
services" has the same meaning as in section 5123.01 of the	37670
Revised Code.	37671

(B) For each quarter of fiscal year 2009, the Director of	37672
Mental Retardation and Developmental Disabilities shall certify	37673
to the Director of Budget and Management the estimated amount to	37674
be transferred from the Department of Job and Family Services to	37675
the Department of Mental Retardation and Developmental	37676
Disabilities for the provision of home and community-based	37677
services made available by the slots sought under section	37678
5111.877 of the Revised Code. On receipt of the certification	37679
from the Director of Mental Retardation and Developmental	37680
Disabilities, the Director of Budget and Management may do one	37681
or more of the following:	37682

(1) Reduce GRF appropriation item 600-525, Health	37683
Care/Medicaid, in the Department of Job and Family Services, by	37684
the estimated amount for providing the home and community-based	37685
services and increase GRF appropriation item 322-416, Medicaid	37686
Waiver - State Match, in the Department of Mental Retardation and	37687
Developmental Disabilities, by the state share of the estimated	37688
amount for the provision of the home and community-based	37689
services;	37690

(2) Increase appropriation item 322-639, Medicaid Waiver –	37691
Federal, in the Department of Mental Retardation and Developmental	37692
Disabilities, by the federal share amount of the estimated amount	37693
for the provision of the home and community-based services;	37694

(3) Increase appropriation item 600-655, Interagency	37695
Reimbursement, in the Department of Job and Family Services, by	37696
the federal share of the estimated amount for the provision of	37697
the home and community-based services.	37698

Section 751.20. MONEY FOLLOWS THE PERSON ENHANCED	37699
REIMBURSEMENT FUND	37700

The Money Follows the Person Enhanced Reimbursement Fund is	37701
hereby created in the state treasury. The federal payments made	37702
to the state under subsection (e) of section 6071 of the "Deficit	37703
Reduction Act of 2005," Pub. L. No. 109-171, shall be deposited	37704
into the Fund. The Department of Job and Family Services shall	37705
use money deposited into the Fund for system reform activities	37706
related to the Money Follows the Person demonstration project.	37707

Section 751.23. JFS MEDICAID SCHOOL COMPONENT OF THE	37708
MEDICAID PROGRAM	37709

At the request of the Director of Job and Family Services,	37710
the Director of Budget and Management may increase the	37711
appropriation in appropriation item 600655, Interagency	37712
Reimbursement, for fiscal year 2009 by the amounts the Department	37713
of Job and Family Services receives from the federal government	37714
for the federal share of Medicaid services provided under, and	37715
administrative costs of, the Medicaid School Component of the	37716
Medicaid program established under sections 5111.71 to 5111.715 of	37717
the Revised Code.	37718

Section 751.30. MORATORIUM ON CLOSURE OF STATE MENTAL HEALTH	37719
FACILITIES	37720

(A) As used in this section, "state mental health facility"	37721
means an institution for the care and treatment of individuals	37722
with mental illness that is maintained, operated, managed, and	37723
governed by the Department of Mental Health pursuant to Chapter	37724
5119. of the Revised Code.	37725

(B) Until six months after the effective date of this	37726
section, neither the Governor nor the Department of Mental Health	37727
shall close a state mental health facility, notwithstanding the	37728
provisions of Chapter 5119. of the Revised Code or any other	37729
provision of the Revised Code under which the Department has	37730
jurisdiction over state mental health facilities.	37731

Section 757.10. The purpose of the amendment by this act of	37732
section 5709.121 of the Revised Code is to clarify the intent of	37733
the General Assembly that institutions of the kind described in	37734
the amendment are charitable institutions for the purposes of that	37735
section as it existed before the effective date of the amendment.	37736
Therefore, the amendment applies to any application for exemption,	37737
or the property that is the subject of such application, pending	37738
before the Tax Commissioner on the effective date of this act or	37739
filed thereafter.	37740

Section 803.03. Notwithstanding division (E)(3) of section	37741
5721.37 of the Revised Code, the holder of a certificate for	37742
which a notice of intent to foreclose has been filed with the	37743
county treasurer before the effective date of this section shall	37744
have ninety days from the effective date of this section to file	37745
foreclosure proceedings in a court of competent jurisdiction.	37746

Section 803.06. The amendment by this act of section 5739.02	37747
of the Revised Code, adding divisions (B)(49) and (50), applies	37748
to sales described in those divisions on or after August 1,	37749
2008.	37750

Section 803.10. That the amendment of section 5747.01 of the	37751
Revised Code by this act applies to taxable years beginning on or	37752
after January 1, 2008.	37753

Section 803.20. The amendment by this act to section 6117.012	37754
of the Revised Code applies to any proceedings, covenant,	37755
stipulation, obligation, resolution, trust agreement, indenture,	37756
loan agreement, lease agreement, agreement, act, or action, or	37757
part of it, pending on the effective date of this act.	37758

Section 803.31. Sections 4117.14 and 4117.15 of the Revised	37759
Code, as amended by this act, apply only to collective bargaining	37760
agreements and extensions and renewals of those agreements entered	37761
into on or after the effective date of those sections as amended	37762
by this act.	37763

Section 803.40. Sections 4123.26, 4123.32, 4123.37, and	37764
4123.54 of the Revised Code, as amended by this act, apply to all	37765
claims pursuant to Chapters 4121., 4123., and 4131. of the Revised	37766
Code arising on and after the effective date of those sections as	37767
amended by this act.	37768

Section 803.50. BOARDS OF ALCOHOL, DRUG ADDICTION, AND	37769
MENTAL HEALTH SERVICES	37770

The amendments made by this act to section 340.02 of the	37771
Revised Code specifying the areas of interest to be reflected in	37772
the composition of a board of alcohol, drug addiction, and mental	37773
health service do not affect the terms of the members holding	37774
office on the effective date of this section.	37775

Section 806.10. The items of law contained in this act, and	37776
their applications, are severable. If any item of law contained in	37777
this act, or if any application of any item of law contained in	37778
this act, is held invalid, the invalidity does not affect other	37779
items of law contained in this act and their applications that can	37780
be given effect without the invalid item or application.	37781

Section 812.10. Except as otherwise provided in this act, the	37782
amendment, enactment, or repeal by this act of a section is	37783
subject to the referendum under Ohio Constitution, Article II,	37784
Section 1c and section 1.471 of the Revised Code. Such an	37785
amendment, enactment, or repeal takes effect on the date specified	37786
below for the amendment, enactment or repeal or, if a date is not	37787
specified below for the amendment, enactment or repeal, on the	37788
ninety-first day after this act is filed with the Secretary of	37789
State.	37790

Sections 9.231, 9.24, 9.835, 107.19, 113.061, 120.08, 121.31,	37791
122.171, 124.821, 125.02, 125.021, 125.022, 125.04, 125.041,	37792
125.05, 125.051, 125.06, 125.07, 125.18, 125.25, 127.16, 133.08,	37793
133.52, 135.101, 135.102, 135.103, 135.104, 135.105, 135.106,	37794
135.61, 135.63, 135.65, 135.66, 145.47, 156.02, 165.01, 165.03,	37795
303.12, 303.211, 303.213, 306.43, 307.697, 317.32, 319.301,	37796
321.261, 340.02, 340.021, 351.26, 519.12, 519.211, 715.73,	37797
715.74, 901.42, 1332.04, 1561.011, 1561.16, 1561.17, 1561.23,	37798
1561.24, 1561.25, 1561.26, 1561.261, 1565.15, 1567.64, 1567.681,	37799
1751.01, 1751.04, 1751.05, 1751.11, 1751.111, 1751.12, 1751.13,	37800
1751.15, 1751.16, 1751.17, 1751.18, 1751.20, 1751.31, 1751.34,	37801
1751.53, 1751.60, 1751.89, 2743.49, 2744.05, 2903.12, 2915.101,	37802
2923.11, 2949.092, 2949.094, 3111.04, 3113.06, 3119.023,	37803
3119.54, 3301.0714, 3310.42, 3311.21, 3311.24, 3313.842,	37804
3313.978, 3314.016, 3314.02, 3314.03, 3314.05, 3314.086, 3314.37,	37805
3316.03, 3316.041, 3316.06, 3316.08, 3317.161, 3317.20, 3319.291,	37806
3323.30, 3323.31 (3323.33), 3323.32 (3323.34), 3323.33 (3323.35),	37807
3333.045, 3333.58, 3333.84, 3335.05, 3341.03, 3343.08, 3344.02,	37808
3345.34, 3350.10, 3352.02, 3353.02, 3353.20 (3333.81), 3353.21	37809
(3333.82), 3353.22 (3333.83), 3353.23, 3353.24, 3353.25, 3353.26	37810
(3333.85), 3353.27 (3333.86), 3353.28 (3333.87), 3353.29	37811
(3333.88), 3353.30, 3354.16, 3355.12, 3356.02, 3357.16, 3359.02,	37812
3361.02, 3364.02, 3365.15, 3703.01, 3734.821, 3735.67, 3743.02,	37813
3743.04, 3743.15, 3743.17, 3743.19, 3743.25, 3743.40, 3743.44,	37814
3743.45, 3743.54, 3743.56, 3743.65, 3743.70, 3743.99,	37815
3901.3814, 3905.40, 3923.281, 3923.443, 3925.101, 3961.04,	37816
4112.12, 4117.14, 4117.15, 4123.26, 4123.32, 4123.37, 4123.54,	37817
4131.03, 4141.31, 4141.312, 4301.355, 4301.421, 4301.424,	37818
4301.62, 4303.041, 4303.182, 4510.10, 4511.01, 4511.101,	37819
4511.181, 4511.191, 4731.65, 4731.71, 4735.01, 4735.02,	37820
4735.10, 4735.13, 4735.14, 4735.141, 4735.142, 4752.04,	37821
4752.05, 4752.06, 4752.07, 4752.11, 4752.12, 4752.13, 4905.84,	37822
4928.142, 4928.20, 4981.14, 5101.26, 5101.5211, 5101.5212,	37823
5101.5213, 5101.5214, 5101.5215, 5101.571, 5101.58, 5101.80,	37824
5104.02, 5104.041, 5111.032, 5111.084, 5111.941, 5123.0412,	37825
5123.36, 5501.09, 5502.68, 5513.01, 5525.01, 5533.94, 5703.19,	37826
5703.21, 5703.57, 5705.194, 5705.199, 5705.214, 5705.29,	37827
5709.121, 5721.30, 5721.31, 5721.32, 5721.33, 5721.34, 5721.35,	37828
5721.36, 5721.37, 5721.371, 5721.38, 5721.381, 5721.39,	37829
5721.40, 5721.41, 5721.42, 5721.43, 5739.01, 5739.029, 5739.09,	37830
5739.12, 5739.122, 5739.124, 5741.04, 5741.12, 5741.121,	37831
5741.122, 5743.021, 5743.024, 5743.321, 5743.323, 5747.01,	37832
5747.02, 5747.082, 5748.022, 5749.17, 6101.53, 6101.55, 6117.01,	37833
6117.011, 6117.012, 6117.04, 6117.05, 6117.06, 6117.25,	37834
6117.251, 6117.28, 6117.30, 6117.34, 6117.38, 6117.41,	37835
6117.42, 6117.43, 6117.44, 6117.45, 6117.49, 6121.045, and	37836
6123.042 of the Revised Code. New sections 3323.31 and 3323.32	37837
of the Revised Code that replace sections bearing the same	37838
numbers that have been renumbered.	37839

Section 5 of Am. Sub. H.B. 24 of the 127th General Assembly,	37840
Section 203.10 of Am. Sub. H.B. 67 of the 127th General Assembly,	37841
and Sections 103.80.50, 201.30, 201.50, 301.20.20, 301.20.80,	37842
401.11, and 401.71 of H.B. 496 of the 127th General Assembly,	37843
all as amended by this act.	37844

All sections of this act prefixed with a section number in	37845
the 200s.	37846

Sections 701.10, 703.20, 705.10, 711.10, 715.10, 715.40,	37847
733.30, 733.60, 737.10, 757.10, 803.03, 803.10, 803.20, 803.31,	37848
803.40, 803.50, 812.10, 812.40, and 815.10 of this act.	37849

Section 812.20. The amendment, enactment, or repeal by this	37850
act of the following sections is exempt from the referendum under	37851
Ohio Constitution, Article II, Section 1d and section 1.471 of the	37852
Revised Code and takes effect on the date specified below for the	37853
amendment, enactment or repeal or, if a date is not specified	37854
below for the amendment, enactment or repeal, immediately when	37855
this act becomes law.	37856

Sections 105.41, 113.40, 117.13, 117.38, 149.30, 519.213,	37857
713.081, 2903.213, 2903.214, 2907.10, 2919.26, 2943.033,	37858
3107.018, 3113.31, 3314.40, 3317.11, 3318.01, 3318.03, 3318.032,	37859
3318.033, 3318.034, 3318.04, 3326.45, 3326.51, 3333.04,	37860
3333.044, 3333.122, 3501.17, 3702.71, 3702.72, 3702.73,	37861
3702.74, 3702.75, 3702.78, 3702.79, 3702.81, 3702.85, 3702.86,	37862
3702.91, 3702.93, 3702.95, 4906.13, 4906.20, 4906.98, 5101.143,	37863
5101.572, 5111.0210, 5111.091, 5111.31, 5111.71, 5111.711,	37864
5111.712, 5111.713, 5111.714, 5111.715, 5111.874, 5111.875,	37865
5111.876, 5111.877, 5111.878, 5111.879, 5111.8710, 5111.88,	37866
5111.881, 5111.882, 5111.883, 5111.884, 5111.885, 5111.886,	37867
5111.887, 5111.888, 5111.889, 5111.8810, 5111.8811, 5111.8812,	37868
5111.8813, 5111.8814, 5111.8815, 5111.8816, 5111.8817, 5111.94,	37869
5112.311, 5123.196, 5703.82, 5727.84, 5727.85, 5739.21, 5745.05,	37870
5751.20, and 5751.21 of the Revised Code.	37871

The enactment of sections 5112.371 and 5123.0417 of the	37872
Revised Code takes effect July 1, 2008.	37873

The amendment of section 5112.37 of the Revised Code takes	37874
effect July 1, 2008.	37875

Except as otherwise provided in this paragraph, the amendment	37876
of section 5112.31 of the Revised Code takes effect July 1, 2008.	37877
The amendment striking ", except as adjusted under section	37878
5112.311 of the Revised Code," takes effect immediately when this	37879
act becomes law.	37880

The repeal of section 5739.213 of the Revised Code takes	37881
effect July 1, 2008.	37882

Sections 203.50, 315.10, and 555.19 of Am. Sub. H.B. 67 of	37883
the 127th General Assembly, Sections 201.10 and 512.70 of Am. Sub.	37884
H.B. 100 of the 127th General Assembly, Sections 207.20.50,	37885
207.20.70, 207.30.10, 207.30.20, 207.30.30, 219.10, 235.10,	37886
249.10, 261.10, 263.10, 263.20.10, 263.20.80, 263.30.10,	37887
269.30.30, 269.30.70, 269.40.50, 269.50.30, 275.10, 293.10,	37888
299.10, 307.10, 309.10, 309.30.13, 309.30.30, 309.30.40,	37889
309.30.41, 309.30.42, 309.40.33, 337.30, 337.30.43, 337.40,	37890
337.40.15, 369.10, 375.10, 375.80.10, 379.10, 393.10, 405.10,	37891
407.10, 512.03, 512.35, and 518.03 of Am. Sub. H.B. 119 of the	37892
127th General Assembly, and Section 101.10 of H.B. 496 of the	37893
127th General Assembly, all as amended by this act.	37894

Sections 503.10, 503.20, 503.30, 515.10, 515.20, 515.21,	37895
515.30, 515.40, 515.50, 515.60, 707.10, 715.20, 733.10, 733.13,	37896
733.14, 733.15, 733.20, 733.21, 733.40, 733.50, 751.10, 751.20,	37897
751.23, 751.30, 806.10, and 812.20 of this act.	37898

Section 812.30. The amendment, enactment, or repeal by this	37899
act of the following sections provides for or is essential to	37900
implementation of a tax levy, is exempt from the referendum under	37901
Ohio Constitution, Article II, Section 1d, and takes effect on the	37902
date specified below for the amendment, enactment, or repeal or,	37903
if a date is not specified below for the amendment, enactment, or	37904
repeal, immediately when this act becomes law.	37905

Sections 1346.03, 2921.13, and 5739.02 of the Revised Code.

37906

Sections 743.10, 803.06, and 812.30 of this act.

37907

Section 812.40. The amendment by this act of the sections of	37908
law that are listed in the left-hand column of the following table	37909
combine amendments that are and are not exempt from the referendum	37910
under Ohio Constitution, Article II, Sections 1c and 1d and	37911
section 1.471 of the Revised Code.	37912

The middle column identifies the amendments that are subject	37913
to the referendum under Ohio Constitution, Article II, Section 1c	37914
and section 1.471 of the Revised Code and take effect on the	37915
ninety-first day after this act is filed with the Secretary of	37916
State.	37917

The right-hand column identifies the amendments that are	37918
exempt from the referendum under Ohio Constitution, Article II,	37919
Section 1d and section 1.471 of the Revised Code and take effect	37920
immediately when this act becomes law.	37921

Section of law		Amendments subject to referendum		Amendments exempt from referendum		37922
3317.023		Division (P)		Divisions (A) and (O)		37923

Section 815.10. Section 4301.421 of the Revised Code is	37924
presented in this act as a composite of the section as amended	37925
by both Sub. H.B. 239 and Am. Sub. S.B. 188 of the 121st General	37926
Assembly. The General Assembly, applying the principle stated in	37927
division (B) of section 1.52 of the Revised Code that amendments	37928
are to be harmonized if reasonably capable of simultaneous	37929
operation, finds that the composite is the resulting version of	37930
the section in effect prior to the effective date of the section	37931
as presented in this act.	37932