Sub. H. B. No. 562 As Reported by the House Finance and Appropriations Committee

As Reported by the House Finance and Appropriations Committee

127th General Assembly

Regular Session

2007-2008

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

A BILL

To amend sections 9.835, 105.41, 109.71, 113.061,

113.40, 117.13, 117.38, 120.08, 122.171,

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

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

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

307.697, 319.301, 321.261, 340.02, 340.021,

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

1332.04, 1346.03, 1561.011, 1561.16, 1561.17,

1561.23, 1561.25, 1561.26, 1565.15, 2743.49,

2921.13, 2935.01, 2935.03, 2949.092, 3119.023,

3301.0714, 3311.21, 3311.24, 3313.842, 3313.978,

3314.016, 3314.02, 3314.03, 3314.05, 3316.03,

3316.041, 3316.06, 3316.08, 3317.023, 3317.11,

3317.20, 3318.01, 3318.03, 3318.032, 3318.04,

3323.30, 3323.31, 3323.32, 3323.33, 3333.04,

3333.044, 3333.122, 3335.05, 3341.03, 3343.08,

3344.02, 3352.02, 3353.02, 3353.20, 3353.21,

3353.22, 3353.26, 3353.27, 3353.28, 3353.29,

3354.16, 3355.12, 3356.02, 3357.16, 3359.02,

3361.02, 3364.02, 3702.71, 3702.72, 3702.73,

3702.74, 3702.75, 3702.78, 3702.79, 3702.81,

3702.85, 3702.86, 3702.91, 3702.93, 3702.95,

3703.01, 3734.821, 3735.67, 3905.40, 3961.04,

4117.01, 4117.09, 4117.14, 4117.15, 4123.26,

4123.32, 4123.37, 4123.54, 4131.03, 4301.355,

4301.421, 4301.424, 4301.432, 4301.47, 4301.62,

4303.03, 4303.071, 4303.181, 4303.182, 4303.232,

4303.233, 4303.30, 4303.33, 4303.333, 4399.12,

4510.10, 4511.01, 4511.181, 4511.191, 4735.01,

4735.02, 4735.10, 4735.13, 4735.14, 4735.141,

4752.04, 4752.05, 4752.06, 4752.07, 4752.11,

4752.12, 4752.13, 4928.142, 5101.5211, 5101.5212,

5101.5213, 5101.5214, 5101.5215, 5101.572,

5101.80, 5111.032, 5111.091, 5111.31, 5111.941,

5112.31, 5112.37, 5123.0412, 5123.196, 5123.36,

5525.01, 5703.19, 5703.21, 5703.57, 5705.194,

5705.214, 5705.29, 5709.121, 5721.30, 5721.31,

5721.32, 5721.33, 5721.34, 5721.35, 5721.36,

5721.37, 5721.38, 5721.39, 5721.40, 5721.41,

5721.42, 5721.43, 5727.85, 5739.01, 5739.02,

5739.029, 5739.12, 5739.122, 5739.124, 5739.21,

5741.04, 5741.12, 5741.121, 5741.122, 5743.021,

5743.024, 5743.321, 5743.323, 5745.05, 5747.01,

5747.02, 5748.022, 5751.20, 5751.21, 6117.01,

6117.011, 6117.012, 6117.04, 6117.05, 6117.06,

6117.25, 6117.251, 6117.28, 6117.30, 6117.34,

6117.38, 6117.41, 6117.42, 6117.43, 6117.44,

6117.45, and 6117.49; to amend, for the purpose

of adopting new section numbers as indicated in

parentheses, sections 3323.31 (3323.33), 3323.32

(3323.34), 3323.33 (3323.35), 3353.20 (3333.81),

3353.21 (3333.82), 3353.22 (3333.83), 3353.26

(3333.85), 3353.27 (3333.86), 3353.28 (3333.87),

and 3353.29 (3333.88); to enact new sections

3323.31 and 3323.32 and sections 133.52,

135.101, 135.102, 135.103, 135.104, 135.105,

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

353.06, 353.061, 353.062, 353.063, 1561.24,

1561.261, 1567.64, 1567.681, 2949.094, 3310.42,

3314.37, 3314.40, 3318.033, 3318.034, 3323.36,

3326.45, 3333.84, 3365.15, 3925.101, 4301.404,

4301.441, 4735.142, 4905.84, 5111.0210, 5111.874,

5111.875, 5111.876, 5111.877, 5111.878,

5111.879, 5112.371, 5501.09, 5502.68, 5703.82,

5705.199, 5721.371, 5721.381, 5747.082, 5749.17,

6121.045, and 6123.042; to repeal sections

124.821, 3314.086, 3317.161, 3353.23, 3353.24,

3353.25, 3353.30, 5111.88, 5111.881, 5111.882,

5111.883, 5111.884, 5111.885, 5111.886,

5111.887, 5111.888, 5111.889, 5111.8810,

5111.8811, 5111.8812, 5111.8813, 5111.8814,

5111.8815, 5111.8816, 5111.8817, 5112.311, and

5739.213 of the Revised Code; to amend Sections

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

General Assembly, to amend Sections 203.10 and

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

Assembly, as subsequently amended, to amend

Sections 201.10 and 512.70 of Am. Sub. H.B. 100

of the 127th General Assembly, to amend Sections

207.20.50, 207.20.70, 207.30.10, 207.30.20,

207.30.30, 235.10, 261.10, 263.10, 263.20.10,

263.30.10, 269.30.30, 269.30.70, 269.40.50,

269.50.30, 275.10, 293.10, 299.10, 309.10,

309.30.13, 309.30.30, 309.30.40, 309.30.41,

309.30.42, 309.40.33, 337.30, 337.30.43, 337.40,

337.40.15, 369.10, 375.10, 379.10, 393.10,

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

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

amend Sections 101.10, 103.80.50, 201.30,

201.50, 301.20.20, 301.20.80, 401.11, and

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

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

24 of the 127th General Assembly and to repeal

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

127th General Assembly to make capital and

other appropriations and to provide

authorization and conditions for the operation of

state programs.

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

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

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

149

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

248

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

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

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

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

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

267

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

387

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

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

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

404

(A) "Peace officer" means:

405

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

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

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

(4) An undercover drug agent;

428

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

579

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

807

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

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

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

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

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

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

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

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

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

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

The report shall contain the following:

919

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

(B) Amount of expenditures for each purpose;

922

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

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

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

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

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

956

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

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

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

965

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Schedule E-1	1407

Pay Ranges and Step Values	1408

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

Schedule E-2	1447

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

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

Schedule E-1	1472

Pay Ranges and Step Values	1473

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

Schedule E-2	1512

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

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

Schedule E-1	1538

Pay Ranges and Step Values	1539

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

Schedule E-2	1578

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

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

Schedule E-1 for Step Seven Only	1602

Pay Ranges and Step Seven Values	1603

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

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

Schedule E-1 for Step Seven Only	1623

Pay Ranges and Step Values	1624

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

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

Schedule E-1 for Step Seven Only	1646

Pay Ranges and Step Values	1647

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

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

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

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

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

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

1708

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

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

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

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

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

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

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

1752

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2002

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

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

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

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

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

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

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

(5) Colluded to restrain competition by any means;

2034

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

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

2041

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2220

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

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

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

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

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

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

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

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

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

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

(1) Is headquartered in this state;

2280

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

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

(4) Is organized for profit.

2285

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sec. 165.01. As used in this chapter:

2635

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(8) Any other information requested by the commission.

2876

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

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

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

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

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

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

(6) Any other information requested by the commission.

2894

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

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

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

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

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

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

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

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

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

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

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

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

(7) Any other information requested by the board.

2948

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

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

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

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

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

(5) Any other information requested by the board.

2963

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

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

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

"PETITION FOR ZONING REFERENDUM	2990

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

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

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

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

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

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

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

STATEMENT OF CIRCULATOR	3016

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3117

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

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

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

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

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

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

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

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

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

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

3191

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

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

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

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

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

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

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

3247

		Yes			3248
		No	"		3249

3250

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

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

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

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

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

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

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

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

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

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

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

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

(B) As used in this section:

3331

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

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

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

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

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

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

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

3347

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

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

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

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

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

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

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

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

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

3398

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

3399

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

3400

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

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

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

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

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

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

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

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

(i) Two-tenths of one per cent;

3442

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3825

		Yes			3826
		No	"		3827

3828

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

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

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

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

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

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

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

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

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

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

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

(C) Any officer or director appointed by a board of county	3882
commissioners under division (B) of this section may be removed at	3883
any time by a majority vote of the board following a hearing if	3884
the officer or director requests a hearing on the issue. In the	3885
event of a vacancy in any office appointed by a board of county	3886
commissioners under this section, the board may appoint an interim	3887
appointee by majority vote for a period of not more than sixty	3888
days. A replacement shall be chosen in the same manner as the	3889
original appointment within sixty days after the creation of the	3890
vacancy. The person appointed to serve as a replacement for any	3891
such office shall serve for the unexpired portion of the term.	3892

(D) The clerk of courts is not elected, but rather is	3893
appointed by and serves at the pleasure of the chief	3894
administrative judge of the court of common pleas in the county.	3895
The clerk shall have the same qualifications (except election)	3896
prescribed by law for, and shall fulfill all the duties vested by	3897
law or rule of court in, clerks of court. The clerk may be removed	3898
or replaced by the chief administrative judge at any time, with or	3899
without cause.	3900

Sec. 353.03. In submitting to the electors of the county the	3901
question of adopting a restructured form of county government, the	3902
board of elections shall submit the question in language	3903
substantially as follows:	3904

"Shall the county of ................... adopt the	3905
restructured form of county government proposed under sections	3906
353.01 and 353.02 of the Revised Code?	3907

( ) For adoption of the restructured form of county	3908
government.	3909

( ) Against adoption of the restructured form of county	3910
government."	3911

At least forty-five days before the election, the board of	3912
county commissioners shall cause a copy of the restructured form	3913
of county government to be distributed to each elector of the	3914
county so far as may be reasonably possible.	3915

If a majority of the votes cast on the proposition of	3916
adopting a restructured form of county government is in the	3917
affirmative, then that form becomes the form of government of the	3918
county.	3919

Immediately following the election the board of elections	3920
shall file a certificate of the results with the secretary of	3921
state.	3922

The board of county commissioners and the chief	3923
administrative judge of the court of common pleas shall make the	3924
appointments required by the restructured form of county	3925
government not sooner than sixty nor later than ninety days after	3926
the date of the election. The officers serving on the date of the	3927
election continue to hold office until their successors are	3928
appointed and qualified.	3929

Sec. 353.04. A proposition to discontinue a restructured	3930
form of county government may be submitted to the electors of the	3931
county at any general election in the manner provided for the	3932
submission of a restructured form of county government under	3933
sections 353.01 and 353.03 of the Revised Code.	3934

Sec. 353.05. The adoption or discontinuance of a	3935
restructured form of county government in a county does not affect	3936
an act done, ratified, or affirmed, or a contract or other right	3937
or obligation other than contracts for personal services, accrued	3938
or established, or an action, prosecution, or proceeding, civil or	3939
criminal, pending at the time the change in form of government	3940
takes effect; nor shall the adoption or discontinuance of a	3941
restructured form of county government affect causes of action,	3942
prosecutions, or proceedings existing at the time it takes effect;	3943
but rights shall attach to, and actions, prosecutions, or	3944
proceedings may be prosecuted and continued, or instituted and	3945
prosecuted against, by, or before the department having	3946
jurisdiction or power of the subject matter to which the action,	3947
prosecution, or proceedings pertains. All rules, regulations, and	3948
orders lawfully promulgated before adoption or discontinuance of a	3949
restructured form of county government continue in force and	3950
effect until amended or rescinded as authorized by law.	3951

On the effective date of the adoption or discontinuance of a	3952
restructured form of county government causing a transfer of	3953
rights, duties, and powers from one department or office to	3954
another, all books, records, papers, documents, property, real and	3955
personal, funds, appropriations and balances of appropriations,	3956
and pending business in any way pertaining to the rights, powers,	3957
and duties shall be similarly transferred.	3958

Sec. 353.06. The board of county commissioners of a county	3959
that has adopted a restructured form of county government as	3960
provided in sections 353.01 and 353.02 of the Revised Code may	3961
enter into an agreement with the legislative authority of any	3962
municipal corporation, township, port authority, water or sewer	3963
district, school district, library district, health district, park	3964
district, soil and water conservation district, water conservancy	3965
district, or other taxing district, or with the board of county	3966
commissioners of any other county, and these legislative	3967
authorities may enter into agreements with the board, whereby the	3968
board undertakes, and is authorized by the contracting	3969
subdivision, to exercise any power, perform any function, or	3970
render any service, on behalf of the contracting subdivision or	3971
its legislative authority, which the subdivision or legislative	3972
authority may exercise, perform, or render.	3973

Upon the execution of such an agreement and within the	3974
limitations prescribed by the agreement, the board may exercise	3975
the same powers that the contracting subdivision possesses with	3976
respect to the performance of any function or the rendering of any	3977
service, which, by the agreement, it undertakes to perform or	3978
render, and all powers necessary or incidental thereto, as amply	3979
as the powers are possessed and exercised by the contracting	3980
subdivision directly. In the absence in the agreement of	3981
provisions determining by what officer, office, department,	3982
agency, or authority the powers and duties of the board shall be	3983
exercised or performed, the board shall, within the limits of this	3984
section, determine and assign such powers and duties to any	3985
officer or officers of county government, including the county	3986
fiscal officer, director of public works, medical examiner,	3987
director of corrections, and prosecuting attorney. An agreement	3988
authorized by this section shall not suspend the possession by a	3989
contracting subdivision of any power or function exercised or	3990
performed by the board under the agreement. Nor shall the board,	3991
by virtue of any agreement entered into under this section,	3992
acquire any power to levy taxes within and on behalf of a	3993
contracting subdivision unless approved by a majority of the	3994
electors of the contracting subdivision.	3995

The board of county commissioners of a county that has	3996
adopted a restructured form of county government together with the	3997
board of county commissioners of another county that has adopted a	3998
restructured form of county government or with a county that has	3999
adopted a charter may enter into a contract to create any joint	4000
agency to exercise any power, perform any function, or render any	4001
service that any board of county commissioners may exercise,	4002
perform, or render.	4003

Sec. 353.061. An agreement entered into under section 353.06	4004
of the Revised Code shall provide, either in specific terms or by	4005
prescribing a method for determining the amounts, for any payments	4006
to be made by the contracting subdivision into the county	4007
treasury, in consideration of the performance of the agreement. In	4008
cases where it is considered practicable, the agreement may	4009
provide that payment shall be made by the retention in the	4010
treasury of the amounts due from taxes collected for the	4011
contracting subdivision and the county fiscal officer shall be	4012
governed by any such provision in settling the accounts for such	4013
taxes.	4014

An agreement entered into by and between two or more boards	4015
of county commissioners shall specify the method of payment for	4016
the joint exercise of any power, the joint performing of any	4017
function, or the joint rendering of any service, which method of	4018
payment shall be authorized and binding on the counties so long as	4019
the agreement is in effect.	4020

Sec. 353.062. In the absence from an agreement entered into	4021
under section 353.06 of the Revised Code of a specification of its	4022
own duration, the agreement shall continue in effect until it is	4023
rescinded. Such an agreement, whether for a definite term or of	4024
indefinite duration, may provide for its own rescission. In the	4025
absence of any such provision, such an agreement may, at any time,	4026
be rescinded by the agreement of both parties, and may at any time	4027
be rescinded by resolution of either party to the agreement,	4028
effective at the end of the fiscal year.	4029

Sec. 353.063. An agreement entered into under section 353.06	4030
of the Revised Code may provide for the transfer to the board of	4031
county commissioners of any property, real or personal, used or	4032
useful, in the performance of functions or the rendering of	4033
services under such agreement. The transfer may include the	4034
proceeds of bonds issued or to be issued by the contracting	4035
subdivision, appropriate to the powers, functions, or services	4036
under the agreement, the proceeds to be expended by the board	4037
subject to the same conditions as would govern the contracting	4038
subdivision. The transfer may convey the absolute title to the	4039
property, subject, in the case of the disposal or encumbrance of	4040
real property by the board, to the consent of the legislative	4041
authority of the contracting subdivision; or may convey its use	4042
only, or any estate or title less than absolute; may limit the	4043
power of the board to dispose of the property; and may provide for	4044
its return, disposition, division, or distribution, in the event	4045
of the rescission or expiration of the agreement.	4046

Sec. 519.12. (A)(1) Amendments to the zoning resolution may	4047
be initiated by motion of the township zoning commission, by the	4048
passage of a resolution by the board of township trustees, or by	4049
the filing of an application by one or more of the owners or	4050
lessees of property within the area proposed to be changed or	4051
affected by the proposed amendment with the township zoning	4052
commission. The board of township trustees may require that the	4053
owner or lessee of property filing an application to amend the	4054
zoning resolution pay a fee to defray the cost of advertising,	4055
mailing, filing with the county recorder, and other expenses. If	4056
the board of township trustees requires such a fee, it shall be	4057
required generally, for each application. The board of township	4058
trustees, upon the passage of such a resolution, shall certify it	4059
to the township zoning commission.	4060

(2) Upon the adoption of a motion by the township zoning	4061
commission, the certification of a resolution by the board of	4062
township trustees to the commission, or the filing of an	4063
application by property owners or lessees as described in division	4064
(A)(1) of this section with the commission, the commission shall	4065
set a date for a public hearing, which date shall not be less than	4066
twenty nor more than forty days from the date of the certification	4067
of such a resolution, the date of adoption of such a motion, or	4068
the date of the filing of such an application. Notice of the	4069
hearing shall be given by the commission by one publication in one	4070
or more newspapers of general circulation in the township at least	4071
ten days before the date of the hearing.	4072

(B) If the proposed amendment intends to rezone or redistrict	4073
ten or fewer parcels of land, as listed on the county auditor's	4074
current tax list, written notice of the hearing shall be mailed by	4075
the township zoning commission, by first class mail, at least ten	4076
days before the date of the public hearing to all owners of	4077
property within and contiguous to and directly across the street	4078
from the area proposed to be rezoned or redistricted to the	4079
addresses of those owners appearing on the county auditor's	4080
current tax list. The failure of delivery of that notice shall not	4081
invalidate any such amendment.	4082

(C) If the proposed amendment intends to rezone or redistrict	4083
ten or fewer parcels of land as listed on the county auditor's	4084
current tax list, the published and mailed notices shall set forth	4085
the time, date, and place of the public hearing and include all of	4086
the following:	4087

(1) The name of the township zoning commission that will be	4088
conducting the hearing;	4089

(2) A statement indicating that the motion, resolution, or	4090
application is an amendment to the zoning resolution;	4091

(3) A list of the addresses of all properties to be rezoned	4092
or redistricted by the proposed amendment and of the names of	4093
owners of those properties, as they appear on the county auditor's	4094
current tax list;	4095

(4) The present zoning classification of property named in	4096
the proposed amendment and the proposed zoning classification of	4097
that property;	4098

(5) The time and place where the motion, resolution, or	4099
application proposing to amend the zoning resolution will be	4100
available for examination for a period of at least ten days prior	4101
to the hearing;	4102

(6) The name of the person responsible for giving notice of	4103
the hearing by publication, by mail, or by both publication and	4104
mail;	4105

(7) A statement that, after the conclusion of the hearing,	4106
the matter will be submitted to the board of township trustees for	4107
its action;	4108

(8) Any other information requested by the commission.

4109

(D) If the proposed amendment alters the text of the zoning	4110
resolution, or rezones or redistricts more than ten parcels of	4111
land as listed on the county auditor's current tax list, the	4112
published notice shall set forth the time, date, and place of the	4113
public hearing and include all of the following:	4114

(1) The name of the township zoning commission that will be	4115
conducting the hearing on the proposed amendment;	4116

(2) A statement indicating that the motion, application, or	4117
resolution is an amendment to the zoning resolution;	4118

(3) The time and place where the text and maps of the	4119
proposed amendment will be available for examination for a period	4120
of at least ten days prior to the hearing;	4121

(4) The name of the person responsible for giving notice of	4122
the hearing by publication;	4123

(5) A statement that, after the conclusion of the hearing,	4124
the matter will be submitted to the board of township trustees for	4125
its action;	4126

(6) Any other information requested by the commission.

4127

(E) Within five days after the adoption of the motion	4128
described in division (A) of this section, the certification of	4129
the resolution described in division (A) of this section, or the	4130
filing of the application described in division (A) of this	4131
section, the township zoning commission shall transmit a copy of	4132
it together with text and map pertaining to it to the county or	4133
regional planning commission, if there is such a commission.	4134

The county or regional planning commission shall recommend	4135
the approval or denial of the proposed amendment or the approval	4136
of some modification of it and shall submit its recommendation to	4137
the township zoning commission. The recommendation shall be	4138
considered at the public hearing held by the township zoning	4139
commission on the proposed amendment.	4140

The township zoning commission, within thirty days after the	4141
hearing, shall recommend the approval or denial of the proposed	4142
amendment, or the approval of some modification of it, and submit	4143
that recommendation together with the motion, application, or	4144
resolution involved, the text and map pertaining to the proposed	4145
amendment, and the recommendation of the county or regional	4146
planning commission on it to the board of township trustees.	4147

The board of township trustees, upon receipt of that	4148
recommendation, shall set a time for a public hearing on the	4149
proposed amendment, which date shall not be more than thirty days	4150
from the date of the receipt of that recommendation. Notice of the	4151
hearing shall be given by the board by one publication in one or	4152
more newspapers of general circulation in the township, at least	4153
ten days before the date of the hearing.	4154

(F) If the proposed amendment intends to rezone or redistrict	4155
ten or fewer parcels of land as listed on the county auditor's	4156
current tax list, the published notice shall set forth the time,	4157
date, and place of the public hearing and include all of the	4158
following:	4159

(1) The name of the board of township trustees that will be	4160
conducting the hearing;	4161

(2) A statement indicating that the motion, application, or	4162
resolution is an amendment to the zoning resolution;	4163

(3) A list of the addresses of all properties to be rezoned	4164
or redistricted by the proposed amendment and of the names of	4165
owners of those properties, as they appear on the county auditor's	4166
current tax list;	4167

(4) The present zoning classification of property named in	4168
the proposed amendment and the proposed zoning classification of	4169
that property;	4170

(5) The time and place where the motion, application, or	4171
resolution proposing to amend the zoning resolution will be	4172
available for examination for a period of at least ten days prior	4173
to the hearing;	4174

(6) The name of the person responsible for giving notice of	4175
the hearing by publication, by mail, or by both publication and	4176
mail;	4177

(7) Any other information requested by the board.

4178

(G) If the proposed amendment alters the text of the zoning	4179
resolution, or rezones or redistricts more than ten parcels of	4180
land as listed on the county auditor's current tax list, the	4181
published notice shall set forth the time, date, and place of the	4182
public hearing and include all of the following:	4183

(1) The name of the board of township trustees that will be	4184
conducting the hearing on the proposed amendment;	4185

(2) A statement indicating that the motion, application, or	4186
resolution is an amendment to the zoning resolution;	4187

(3) The time and place where the text and maps of the	4188
proposed amendment will be available for examination for a period	4189
of at least ten days prior to the hearing;	4190

(4) The name of the person responsible for giving notice of	4191
the hearing by publication;	4192

(5) Any other information requested by the board.

4193

(H) Within twenty days after its public hearing, the board of	4194
township trustees shall either adopt or deny the recommendations	4195
of the township zoning commission or adopt some modification of	4196
them. If the board denies or modifies the commission's	4197
recommendations, ~~the unanimous~~a majority vote of the board shall	4198
be required.	4199

The proposed amendment, if adopted by the board, shall become	4200
effective in thirty days after the date of its adoption, unless,	4201
within thirty days after the adoption, there is presented to the	4202
board of township trustees a petition, signed by a number of	4203
registered electors residing in the unincorporated area of the	4204
township or part of that unincorporated area included in the	4205
zoning plan equal to not less than eight per cent of the total	4206
vote cast for all candidates for governor in that area at the most	4207
recent general election at which a governor was elected,	4208
requesting the board of township trustees to submit the amendment	4209
to the electors of that area for approval or rejection at a	4210
special election to be held on the day of the next primary or	4211
general election that occurs at least seventy-five days after the	4212
petition is filed. Each part of this petition shall contain the	4213
number and the full and correct title, if any, of the zoning	4214
amendment resolution, motion, or application, furnishing the name	4215
by which the amendment is known and a brief summary of its	4216
contents. In addition to meeting the requirements of this section,	4217
each petition shall be governed by the rules specified in section	4218
3501.38 of the Revised Code.	4219

The form of a petition calling for a zoning referendum and	4220
the statement of the circulator shall be substantially as follows:	4221

"PETITION FOR ZONING REFERENDUM	4222

(if the proposal is identified by a particular name or number, or	4223
both, these should be inserted here) .......................	4224

A proposal to amend the zoning map of the unincorporated area	4225
of ............. Township, ................. County, Ohio, adopted	4226
.....(date)..... (followed by brief summary of the proposal).	4227

To the Board of Township Trustees of .....................	4228
Township, ................. County, Ohio:	4229

~~...................... County, Ohio:~~	4230

We, the undersigned, being electors residing in the	4231
unincorporated area of ....................... Township, included	4232
within the ............. Township Zoning Plan, equal to not less	4233
than eight per cent of the total vote cast for all candidates for	4234
governor in the area at the preceding general election at which a	4235
governor was elected, request the Board of Township Trustees to	4236
submit this amendment of the zoning resolution to the electors of	4237
........................ Township residing within the	4238
unincorporated area of the township included in the	4239
.................. Township Zoning Resolution, for approval or	4240
rejection at a special election to be held on the day of the	4241
primary or general election to be held on .....(date).....,	4242
pursuant to section 519.12 of the Revised Code.	4243

	Street Address				Date of		4244
Signature	or R.F.D.	Township	Precinct	County	Signing		4245

..............................................................	4246

..............................................................	4247

STATEMENT OF CIRCULATOR	4248

I, .............(name of circulator).........., declare under	4249
penalty of election falsification that I am an elector of the	4250
state of Ohio and reside at the address appearing below my	4251
signature; that I am the circulator of the foregoing part petition	4252
containing .......(number)....... signatures; that I have	4253
witnessed the affixing of every signature; that all signers were	4254
to the best of my knowledge and belief qualified to sign; and that	4255
every signature is to the best of my knowledge and belief the	4256
signature of the person whose signature it purports to be or of an	4257
attorney in fact acting pursuant to section 3501.382 of the	4258
Revised Code.	4259

	................................		4260
	(Signature of circulator)		4261
	................................		4262
	(Address of circulator's permanent		4263
	residence in this state)		4264
	................................		4265
	(City, village, or township,		4266
	and zip code)		4267

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	4268
OF THE FIFTH DEGREE."	4269

The petition shall be filed with the board of township	4270
trustees and shall be accompanied by an appropriate map of the	4271
area affected by the zoning proposal. Within two weeks after	4272
receiving a petition filed under this section, the board of	4273
township trustees shall certify the petition to the board of	4274
elections. A petition filed under this section shall be certified	4275
to the board of elections not less than seventy-five days prior to	4276
the election at which the question is to be voted upon.	4277

The board of elections shall determine the sufficiency and	4278
validity of each petition certified to it by a board of township	4279
trustees under this section. If the board of elections determines	4280
that a petition is sufficient and valid, the question shall be	4281
voted upon at a special election to be held on the day of the next	4282
primary or general election that occurs at least seventy-five days	4283
after the date the petition is filed with the board of township	4284
trustees, regardless of whether any election will be held to	4285
nominate or elect candidates on that day.	4286

No amendment for which such a referendum vote has been	4287
requested shall be put into effect unless a majority of the vote	4288
cast on the issue is in favor of the amendment. Upon certification	4289
by the board of elections that the amendment has been approved by	4290
the voters, it shall take immediate effect.	4291

Within five working days after an amendment's effective date,	4292
the board of township trustees shall file the text and maps of the	4293
amendment in the office of the county recorder and with the county	4294
or regional planning commission, if one exists.	4295

The failure to file any amendment, or any text and maps, or	4296
duplicates of any of these documents, with the office of the	4297
county recorder or the county or regional planning commission as	4298
required by this section does not invalidate the amendment and is	4299
not grounds for an appeal of any decision of the board of zoning	4300
appeals.	4301

Sec. 519.211. (A) Except as otherwise provided in division	4302
(B) or (C) of this section, sections 519.02 to 519.25 of the	4303
Revised Code confer no power on any board of township trustees or	4304
board of zoning appeals in respect to the location, erection,	4305
construction, reconstruction, change, alteration, maintenance,	4306
removal, use, or enlargement of any buildings or structures of any	4307
public utility or railroad, whether publicly or privately owned,	4308
or the use of land by any public utility or railroad, for the	4309
operation of its business. As used in this division, "public	4310
utility" does not include a person that owns or operates a solid	4311
waste facility or a solid waste transfer facility that has been	4312
issued a permit under Chapter 3734. of the Revised Code or a	4313
construction and demolition debris facility that has been issued a	4314
permit under Chapter 3714. of the Revised Code.	4315

(B)(1) As used in this division, "telecommunications tower"	4316
means any free-standing structure, or any structure to be attached	4317
to a building or other structure, that meets all of the following	4318
criteria:	4319

(a) The free-standing or attached structure is proposed to be	4320
constructed on or after October 31, 1996.	4321

(b) The free-standing or attached structure is proposed to be	4322
owned or principally used by a public utility engaged in the	4323
provision of telecommunications services.	4324

(c) The free-standing or attached structure is proposed to be	4325
located in an unincorporated area of a township, in an area zoned	4326
for residential use.	4327

(d)(i) The free-standing structure is proposed to top at a	4328
height that is greater than either the maximum allowable height of	4329
residential structures within the zoned area as set forth in the	4330
applicable zoning regulations, or the maximum allowable height of	4331
such a free-standing structure as set forth in any applicable	4332
zoning regulations in effect immediately prior to October 31,	4333
1996, or as those regulations subsequently are amended.	4334

(ii) The attached structure is proposed to top at a height	4335
that is greater than either the height of the building or other	4336
structure to which it is to be attached, or the maximum allowable	4337
height of such an attached structure as set forth in any	4338
applicable zoning regulations in effect immediately prior to	4339
October 31, 1996, or as those regulations subsequently are	4340
amended.	4341

(e) The free-standing or attached structure is proposed to	4342
have attached to it radio frequency transmission or reception	4343
equipment.	4344

(2) Sections 519.02 to 519.25 of the Revised Code confer	4345
power on a board of township trustees or board of zoning appeals	4346
with respect to the location, erection, construction,	4347
reconstruction, change, alteration, removal, or enlargement of a	4348
telecommunications tower, but not with respect to the maintenance	4349
or use of such a tower or any change or alteration that would not	4350
substantially increase the tower's height. However, the power so	4351
conferred shall apply to a particular telecommunications tower	4352
only upon the provision of a notice, in accordance with division	4353
(B)(4)(a) of this section, to the person proposing to construct	4354
the tower.	4355

(3) Any person who plans to construct a telecommunications	4356
tower in an area subject to township zoning regulations shall	4357
provide both of the following by certified mail:	4358

(a) Written notice to each owner of property, as shown on the	4359
county auditor's current tax list, whose land is contiguous to or	4360
directly across a street or roadway from the property on which the	4361
tower is proposed to be constructed, stating all of the following	4362
in clear and concise language:	4363

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

4364

(ii) A description of the property sufficient to identify the	4365
proposed location;	4366

(iii) That, no later than fifteen days after the date of	4367
mailing of the notice, any such property owner may give written	4368
notice to the board of township trustees requesting that sections	4369
519.02 to 519.25 of the Revised Code apply to the proposed	4370
location of the tower as provided under division (B)(4)(a) of this	4371
section.	4372

If the notice to a property owner is returned unclaimed or	4373
refused, the person shall mail the notice by regular mail. The	4374
failure of delivery of the notice does not invalidate the notice.	4375

(b) Written notice to the board of township trustees of the	4376
information specified in divisions (B)(3)(a)(i) and (ii) of this	4377
section. The notice to the board also shall include verification	4378
that the person has complied with division (B)(3)(a) of this	4379
section.	4380

(4)(a) If the board of township trustees receives notice from	4381
a property owner under division (B)(3)(a)(iii) of this section	4382
within the time specified in that division or if a board member	4383
makes an objection to the proposed location of the	4384
telecommunications tower within fifteen days after the date of	4385
mailing of the notice sent under division (B)(3)(b) of this	4386
section, the board shall request that the fiscal officer of the	4387
township send the person proposing to construct the tower written	4388
notice that the tower is subject to the power conferred by and in	4389
accordance with division (B)(2) of this section. The notice shall	4390
be sent no later than five days after the earlier of the date the	4391
board first receives such a notice from a property owner or the	4392
date upon which a board member makes an objection. Upon the date	4393
of mailing of the notice to the person, sections 519.02 to 519.25	4394
of the Revised Code shall apply to the tower.	4395

(b) If the board of township trustees receives no notice	4396
under division (B)(3)(a)(iii) of this section within the time	4397
prescribed by that division or no board member has an objection as	4398
provided under division (B)(4)(a) of this section within the time	4399
prescribed by that division, division (A) of this section shall	4400
apply to the tower without exception.	4401

(C) Sections 519.02 to 519.25 of the Revised Code confer	4402
power on a board of township trustees or board of zoning appeals	4403
with respect to the location, erection, construction,	4404
reconstruction, change, alteration, maintenance, removal, use, or	4405
enlargement of any buildings or structures of a public utility	4406
engaged in the business of transporting persons or property, or	4407
both, or providing or furnishing such transportation service, over	4408
any public street, road, or highway in this state, and with	4409
respect to the use of land by any such public utility for the	4410
operation of its business, to the extent that any exercise of such	4411
power is reasonable and not inconsistent with Chapters 4901.,	4412
4903., 4905., 4909., 4921., and 4923. of the Revised Code.	4413
However, this division confers no power on a board of township	4414
trustees or board of zoning appeals with respect to a building or	4415
structure of, or the use of land by, a person engaged in the	4416
transportation of farm supplies to the farm or farm products from	4417
farm to market or to food fabricating plants.	4418

(D) Sections 519.02 to 519.25 of the Revised Code confer no	4419
power on any township zoning commission, board of township	4420
trustees, or board of zoning appeals to prohibit the sale or use	4421
of alcoholic beverages in areas where the establishment and	4422
operation of any retail business, hotel, lunchroom, or restaurant	4423
is permitted.	4424

(E)(1) Any person who plans to construct a telecommunications	4425
tower within one hundred feet of a residential dwelling shall	4426
provide a written notice to the owner of the residential dwelling	4427
and to the person occupying the residence, if that person is not	4428
the owner of the residence stating in clear and concise language	4429
the person's intent to construct the tower and a description of	4430
the property sufficient to identify the proposed location. The	4431
notice shall be sent by certified mail. If the notice is returned	4432
unclaimed or refused, the person shall mail the notice by regular	4433
mail. The failure of delivery does not invalidate the notice.	4434

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

4435

(a) "Residential dwelling" means a building used or intended	4436
to be used as a personal residence by the owner, part-time owner,	4437
or lessee of the building, or any person authorized by such a	4438
person to use the building as a personal residence.	4439

(b) "Telecommunications tower" has the same meaning as in	4440
division (B)(1) of this section, except that the proposed location	4441
of the free-standing or attached structure may be an area other	4442
than an unincorporated area of a township, in an area zoned for	4443
residential use.	4444

Sec. 715.73. The area or areas to be included in a joint	4445
economic development district shall meet all of the following	4446
criteria:	4447

(A) The area or areas shall be located within the territory	4448
of one or more of the contracting parties and may consist of all	4449
of that territory.	4450

(B) No electors shall reside within the area or areas ~~and no~~	4451
~~part of the area or areas shall be zoned for residential use~~on	4452
the effective date of the contract creating the joint economic	4453
development district, as determined under section 715.77 of the	4454
Revised Code.	4455

(C) The area or areas shall not include any parcel of land	4456
owned in fee by or leased to a municipal corporation or township,	4457
unless the municipal corporation or township is a contracting	4458
party or has given its consent to have the parcel of land included	4459
in the district by the adoption of an ordinance or resolution.	4460

Sec. 715.74. (A) The contract creating a joint economic	4461
development district shall provide for the amount or nature of the	4462
contribution of each contracting party to the development and	4463
operation of the district and may provide for the sharing of the	4464
costs of the operation of and improvements for the district. The	4465
contributions may be in any form to which the contracting parties	4466
agree and may include, but are not limited to, the provision of	4467
services, money, real or personal property, facilities, or	4468
equipment. The contract may provide for the contracting parties to	4469
share revenue from taxes levied on property by one or more of the	4470
contracting parties, if those revenues may lawfully be applied to	4471
that purpose under the legislation by which those taxes are	4472
levied. The contract shall specify and provide for new, expanded,	4473
or additional services, facilities, or improvements. The contract	4474
may provide for expanded or additional capacity for or other	4475
enhancement of existing services, facilities, or improvements.	4476

(B) The contract shall enumerate the specific powers, duties,	4477
and functions of the board of directors of the district described	4478
under section 715.78 of the Revised Code and shall provide for the	4479
determination of procedures that are to govern the board.	4480

(C)(1) The contract may grant to the board the power to adopt	4481
a resolution to levy an income tax within the district and the	4482
contract may ~~desginate~~designate certain portions of the district	4483
where such an income tax may be levied. The income tax shall be	4484
used for the purposes of the district or any portion of the	4485
district in which the contract authorizes an income tax and for	4486
the purposes of the contracting parties pursuant to the contract.	4487
The income tax may be levied in the district based on income	4488
earned by persons working within the district and based on the net	4489
profits of businesses located in the district, but the income of	4490
an individual who resides in the district shall not be subject to	4491
such income tax unless the income is received for personal	4492
services performed in the district. The income tax of the district	4493
shall follow the provisions of Chapter 718. of the Revised Code,	4494
except that no vote shall be required. The rate of the income tax	4495
shall be no higher than the highest rate being levied by a	4496
municipal corporation that is a contracting party.	4497

(2) If the board adopts a resolution to levy an income tax,	4498
it shall enter into an agreement with a municipal corporation that	4499
is a contracting party to administer, collect, and enforce the	4500
income tax on behalf of the district.	4501

(3) A resolution levying an income tax under this section	4502
shall require the contracting parties to annually set aside a	4503
percentage, to be stated in the resolution, of the amount of the	4504
income tax collected for the long-term maintenance of the	4505
district.	4506

(4) An income tax levied under this section shall apply in	4507
the district or any portion of the district in which the contract	4508
authorizes an income tax throughout the term of the contract	4509
creating the district, notwithstanding that all or a portion of	4510
the district becomes subject to annexation, merger, or	4511
consolidation.	4512

(D) The contract creating a joint economic development	4513
district shall continue in existence throughout its term and shall	4514
be binding on the contracting parties and on any parties	4515
succeeding to the contracting parties, whether by annexation,	4516
merger, or consolidation. Except as provided in division (E) of	4517
this section, the contract may be amended, renewed, or terminated	4518
with the approval of the contracting parties or any parties	4519
succeeding to the contracting parties. If the contract is amended	4520
to add area to an existing district, the amendment shall be	4521
adopted in the manner prescribed under section 715.761 of the	4522
Revised Code.	4523

(E) If two or more contracting parties previously have	4524
entered into a separate contract for utility services, then	4525
amendment, renewal, or termination of the separate contract for	4526
utility services shall not constitute any part of the	4527
consideration for the contract creating a joint economic	4528
development district. A contract creating a joint economic	4529
development district shall be rebuttably presumed to violate this	4530
division if it is entered into within two years prior or five	4531
years subsequent to the amendment, renewal, or termination of a	4532
separate contract for utility services that two or more	4533
contracting parties previously have entered into. The presumption	4534
stated in this division may be rebutted by clear and convincing	4535
evidence of both of the following:	4536

(1) That other substantial consideration existed to support	4537
the contract creating a joint economic development district;	4538

(2) That the contracting parties entered into the contract	4539
creating a joint economic development district freely and without	4540
duress or coercion related to the amendment, renewal, or	4541
termination of the separate contract for utility services.	4542

(F) A contract creating a joint economic development district	4543
that violates division (E) of this section is void and	4544
unenforceable.	4545

Sec. 901.42. (A) The director of agriculture may provide	4546
financial assistance to a statewide, multi-state, or national	4547
nonprofit livestock association to defray not more than fifty per	4548
cent of the rental costs of the Ohio expositions center for	4549
purposes of conducting a livestock species exhibition at the	4550
center. In order to obtain financial assistance under this	4551
division, a nonprofit livestock association shall apply to the	4552
director on a form prescribed by the director and in the manner	4553
prescribed in rules adopted under division ~~(D)~~(C) of this section.	4554

Rental cost assistance authorized by this division shall be	4555
provided subject to both of the following conditions:	4556

(1) No nonprofit livestock association shall receive in any	4557
fiscal year rental cost assistance exceeding ~~thirty-four~~fifty per	4558
cent of the funds available to the director in that fiscal year	4559
for the purposes of this section and designated for the purpose of	4560
defraying rental costs for livestock species exhibitions.	4561

(2) The rental cost assistance shall be paid by the director	4562
to the Ohio expositions commission on behalf of the nonprofit	4563
livestock association by means of intrastate transfer voucher.	4564

If the director receives more than one application for	4565
financial assistance for rental costs, the director shall consider	4566
the cost of and local economic benefit generated by each	4567
applicant's exhibition when allocating financial assistance.	4568

(B) ~~The director may allocate not more than fifty thousand~~	4569
~~dollars of the moneys available for the purposes of this section~~	4570
~~in a fiscal year to provide financial assistance to a nonprofit~~	4571
~~livestock association to defray the costs of premium awards for a~~	4572
~~national multispecies exhibition held at the Ohio expositions~~	4573
~~center. In order to obtain financial assistance under this~~	4574
~~division, a nonprofit livestock association shall apply to the~~	4575
~~director on a form prescribed by the director and in the manner~~	4576
~~prescribed in rules adopted under division (D) of this section.~~	4577

~~(C)~~ The director may expend not more than ~~four~~two per cent	4578
of the moneys available for the purposes of this section in a	4579
fiscal year to defray the costs to the department of agriculture	4580
for administering this section or to assist in recruiting	4581
livestock exhibitions to be held at the Ohio expositions center.	4582

~~(D)~~(C) The director, in accordance with Chapter 119. of the	4583
Revised Code, shall adopt rules to carry out this section,	4584
including, without limitation, rules establishing procedures for	4585
the allocation and distribution of moneys available for the	4586
purposes of this section.	4587

Sec. 1332.04. (A) No political subdivision of this state	4588
shall provide cable service over a cable system, whether bundled	4589
with other services or unbundled, except in accordance with	4590
sections 1332.01 to 1332.10 of the Revised Code.	4591

(B)(1) No political subdivision of this state that is a	4592
public cable service provider or contracts with a public cable	4593
service provider for cable service over a cable system shall, by	4594
any means, do any of the following:	4595

(a) Prefer or advantage any public cable service provider or	4596
discriminate against any private cable service provider in any	4597
material matter affecting the provision, within the jurisdiction	4598
of the political subdivision, of cable service over a cable	4599
system;	4600

(b) Fail to apply any private cable service regulation	4601
without discrimination to a public cable service provider within	4602
the jurisdiction of the political subdivision;	4603

(c) Fail to pay all applicable fees, including, but not	4604
limited to, franchise fees, permit fees, pole attachment fees, or	4605
the equivalent of any such fees;	4606

(d) Require from a person providing video service within the	4607
jurisdiction of the political subdivision any direct or in-kind	4608
charge or a payment of any kind in exchange for PEG channel	4609
programming or other content produced by the political subdivision	4610
or by an entity created by or partially supported by the political	4611
subdivision. As used in division (B)(1)(d) of this section, "PEG	4612
channel" and "video service" have the same meanings as in section	4613
1332.21 of the Revised Code.	4614

(2) Nothing in division (B)(1) of this section requires the	4615
application of a private cable service regulation to a public	4616
cable service provider if that application would be without legal	4617
or practical consequence, such as the application of a private	4618
cable service regulation requiring provision of an insurance bond,	4619
which application to a public cable service provider would require	4620
it to insure its performance to itself.	4621

(C) No political subdivision of this state that is a public	4622
cable service provider shall have extraterritorial public cable	4623
service recipients in excess of fifty per cent of the number of	4624
public cable service recipients that reside within the	4625
geographical limits of the political subdivision. Nothing in this	4626
division prohibits public cable service providers from jointly	4627
owning and operating head-end equipment. Each such public cable	4628
service provider shall pay that proportion of the full costs of	4629
owning and operating such head-end equipment, including, but not	4630
limited to, the costs of construction, acquisition, installation,	4631
improvement, enhancement, modification, financing, maintenance,	4632
repair, and operation, equal to the total population of the	4633
political subdivision that is such public cable service provider	4634
divided by the total population of all political subdivisions that	4635
are public cable service providers jointly owning and operating	4636
such head-end equipment, determined annually or with such	4637
frequency as such public cable service providers otherwise agree.	4638

(D) No political subdivision of this state that is a	4639
franchising authority shall unreasonably withhold a request by a	4640
cable service provider to transfer, modify, or renew, in	4641
accordance with the terms of the franchise and in accordance with	4642
the provisions of the "Telecommunications Act of 1996," Pub. L.	4643
No. 104-104, Title III, Section 301(i), 110 Stat. 117, 47 U.S.C.A.	4644
537, the "Cable Communications Policy Act of 1984," Pub. L. No.	4645
98-549, Section 2, 98 Stat. 2790, 47 U.S.C.A. 545, or the "Cable	4646
Television Consumer Protection and Competition Act of 1992," Pub.	4647
L. No. 102-385, Section 18, 106 Stat. 1493, 47 U.S.C.A. 546, its	4648
existing franchise to provide cable service over a cable system.	4649

Sec. 1346.03. Any information provided to the attorney	4650
general by the department of taxation in accordance with division	4651
~~(G)~~(C)(5) of section 5703.21 of the Revised Code shall not be	4652
disclosed publicly by the attorney general except when it is	4653
necessary to facilitate compliance with and enforcement of section	4654
1346.01 or 1346.02 of the Revised Code.	4655

Sec. 1561.011. ~~Nothing~~Except as provided in section 1561.24	4656
of the Revised Code, nothing in this chapter applies to activities	4657
that are permitted and regulated under Chapter 1514. of the	4658
Revised Code.	4659

Sec. 1561.16. (A) As used in this section and sections	4660
1561.17 to 1561.21 of the Revised Code, "actual practical	4661
experience" means previous employment that involved a person's	4662
regular presence in the type of mining operation in which the	4663
experience is required to exist; participation in functions	4664
relating to the hazards involved in and the utilization of	4665
equipment, tools, and work crews and individuals for that type of	4666
mining; and regular exposure to the methods, procedures, and	4667
safety laws applicable to that type of mining. Credit of up to one	4668
year for a portion of the required experience time may be given	4669
upon documentation to the chief of the division of mineral	4670
resources management of an educational degree in a field related	4671
to mining. Credit of up to two years of the required experience	4672
time may be given upon presentation to the chief of proof of	4673
graduation from an accredited school of mines or mining after a	4674
four-year course of study with employment in the mining industry	4675
during interim breaks during the school years.	4676

(B) A person who applies for a certificate as a mine	4677
foreperson of gaseous mines shall be able to read and write the	4678
English language; shall have had at least five years' actual	4679
practical experience in the underground workings of a gaseous mine	4680
or the equivalent thereof in the judgment of the chief; and shall	4681
have had practical experience obtained by actual contact with gas	4682
in mines and have knowledge of the dangers and nature of noxious	4683
and explosive gases and ventilation of gaseous mines. An applicant	4684
for a certificate as a foreperson of gaseous mines shall meet the	4685
same requirements, except that the applicant shall have had at	4686
least three years' actual practical experience in the underground	4687
workings of a gaseous mine or the equivalent thereof in the	4688
judgment of the chief. Each applicant for examination shall pay a	4689
fee ~~of ten dollars~~established in rules adopted under this section	4690
to the chief on the first day of such examination. ~~Any~~	4691

(C) A person who has been issued a certificate as a mine	4692
foreperson or a foreperson of a gaseous mine and who has not	4693
worked in an underground coal mine for a period of more than two	4694
calendar years shall apply for and obtain recertification from the	4695
chief in accordance with rules adopted under this section before	4696
performing the duties of a mine foreperson or a foreperson of a	4697
gaseous mine. An applicant for recertification shall pay a fee	4698
established in rules adopted under this section at the time of	4699
application for recertification.	4700

(D) A person who has been issued a certificate as a mine	4701
foreperson or a foreperson of a gaseous mine and who has not	4702
worked in an underground coal mine for a period of one or more	4703
calendar years shall successfully complete a retraining course in	4704
accordance with rules adopted under this section before performing	4705
the duties of a mine foreperson or a foreperson of a gaseous mine.	4706

(E) The chief, in consultation with a statewide association	4707
representing the coal mining industry and a statewide association	4708
representing employees of coal mines, shall adopt rules in	4709
accordance with Chapter 119. of the Revised Code that do all of	4710
the following:	4711

(1) Prescribe requirements, criteria, and procedures for the	4712
recertification of a mine foreperson or a foreperson of a gaseous	4713
mine who has not worked in an underground coal mine for a period	4714
of more than two calendar years;	4715

(2) Prescribe requirements, criteria, and procedures for the	4716
retraining of a mine foreperson or a foreperson of a gaseous mine	4717
who has not worked in an underground coal mine for a period of one	4718
or more calendar years;	4719

(3) Establish fees for the examination and recertification of	4720
mine forepersons or forepersons of gaseous mines under this	4721
section;	4722

(4) Prescribe any other requirements, criteria, and	4723
procedures that the chief determines are necessary to administer	4724
this section.	4725

(F) Any moneys collected under this section shall be paid	4726
into the state treasury to the credit of the mining regulation	4727
fund created in section 1561.48 of the Revised Code.	4728

Sec. 1561.17. (A) A person who applies for a certificate as	4729
mine foreperson or foreperson of nongaseous mines shall be able to	4730
read and write the English language; shall have had at least three	4731
years' actual practical experience in mines, or the equivalent	4732
thereof in the judgment of the chief of the division of mineral	4733
resources management; and shall have knowledge of the dangers and	4734
nature of noxious gases. Each applicant for examination shall pay	4735
a fee ~~of ten dollars~~established in rules adopted under this	4736
section to the chief on the first day of the examination. ~~Any~~	4737

(B) A person who has been issued a certificate as a mine	4738
foreperson or a foreperson of a nongaseous coal mine and who has	4739
not worked in an underground coal mine for a period of more than	4740
two calendar years shall apply for and obtain recertification	4741
from the chief in accordance with rules adopted under this	4742
section before performing the duties of a mine foreperson or a	4743
foreperson of a nongaseous coal mine. An applicant for	4744
recertification shall pay a fee established in rules adopted	4745
under this section at the time of application for	4746
recertification.	4747

(C) A person who has been issued a certificate as a mine	4748
foreperson or a foreperson of a nongaseous coal mine and who has	4749
not worked in an underground coal mine for a period of one or	4750
more calendar years shall successfully complete a retraining	4751
course in accordance with rules adopted under this section before	4752
performing the duties of a mine foreperson or a foreperson of a	4753
nongaseous coal mine.	4754

(D) The chief, in consultation with a statewide association	4755
representing the coal mining industry and a statewide association	4756
representing employees of coal mines, shall adopt rules in	4757
accordance with Chapter 119. of the Revised Code that do all of	4758
the following:	4759

(1) Prescribe requirements, criteria, and procedures for the	4760
recertification of a mine foreperson or a foreperson of a	4761
nongaseous coal mine who has not worked in an underground coal	4762
mine for a period of more than two calendar years;	4763

(2) Prescribe requirements, criteria, and procedures for the	4764
retraining of a mine foreperson or a foreperson of a nongaseous	4765
coal mine who has not worked in an underground coal mine for a	4766
period of one or more calendar years;	4767

(3) Establish fees for the examination and recertification of	4768
mine forepersons or forepersons of nongaseous coal mines under	4769
this section;	4770

(4) Prescribe any other requirements, criteria, and	4771
procedures that the chief determines are necessary to administer	4772
this section.	4773

(E) Any moneys collected under this section shall be paid	4774
into the state treasury to the credit of the mining regulation	4775
fund created in section 1561.48 of the Revised Code.	4776

Sec. 1561.23. The chief of the division of mineral resources	4777
management shall issue the following certificates to those	4778
applicants who pass their examination:	4779

(A) Certificates for mine forepersons of gaseous mines;

4780

(B) Certificates for mine forepersons of nongaseous mines;

4781

4782

(D) Certificates for forepersons of nongaseous mines;

4783

(E) Certificates for forepersons of surface maintenance	4784
facilities of underground or surface mines;	4785

(F) Certificates for mine forepersons of surface mines;

4786

(G) Certificates for forepersons of surface mines;

4787

(H) Certificates for fire bosses;

4788

(I) Certificates for mine electricians;

4789

(J) Certificates for surface mine blasters;

4790

(K) Certificates for shot firers.

4791

Applicants for certificates shall make application to the	4792
chief, on a form provided by the chief, for examination. All	4793
applicants shall be able to read and write the English language	4794
intelligently, and shall furnish the chief with a certificate as	4795
to their character, length and description of their practical	4796
experience, and satisfactory evidence of their ability to perform	4797
the duties of the position for which they make application for	4798
examination.	4799

~~Any~~Except as provided in sections 1561.16 and 1561.17 of the	4800
Revised Code, any certificate issued by the former mine examining	4801
board prior to October 29, 1995, shall remain in effect	4802
notwithstanding the new classifications of certificates	4803
established by this section.	4804

Sec. 1561.24. For purposes of this chapter, Chapters 1563.,	4805
1565., and 1567., and sections 1514.40 to 1514.50 of the Revised	4806
Code, there is hereby created in the state treasury the mine	4807
safety fund. The fund shall consist of money transferred to it by	4808
the administrator of workers' compensation from the coal-workers	4809
pneumoconiosis fund established in section 4131.03 of the Revised	4810
Code. All investment earnings of the mine safety fund shall be	4811
credited to the fund. The chief of the division of mineral	4812
resources management shall use money in the fund for all of the	4813
following purposes:	4814

(A) Mine safety and health inspections and audits;

4815

(B) The purchase and maintenance of mine rescue and	4816
inspection equipment;	4817

(C) The purchase or lease of facilities for use as mine	4818
rescue stations and for mine rescue and safety training;	4819

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

4820

(E) Certification and recertification of mine officials.

4821

Sec. 1561.25. The division of ~~mines and reclamation~~mineral	4822
resources management shall establish and maintain four rescue	4823
stations. Three of such stations shall be centrally located at	4824
such places, conveniently accessible to the mines and mining areas	4825
of the state so as to cover the largest number of mines in the	4826
shortest period of time, as the chief of the division of ~~mines and~~	4827
~~reclamation~~mineral resources management determines; and one such	4828
station may be maintained at the mine laboratory provided for in	4829
section 1561.27 of the Revised Code. In establishing such stations	4830
the chief may use quarters owned by or in the possession and	4831
control of the state, if available, or may lease other quarters	4832
therefor. Each station shall be equipped with rescue and first aid	4833
apparatus and other equipment as follows:	4834

(A) One motor truck of sufficient capacity to carry the	4835
equipment prescribed by this section;	4836

(B) Not less than six approved breathing apparatus, complete	4837
and in good working order;	4838

(C) One recharging or refilling motor-driven pump for	4839
recharging oxygen cylinders;	4840

(D) Not less than ten oxygen storage cylinders;

4841

(E) One resuscitating outfit;

4842

(F) Not less than five approved flame safety lamps and one	4843
lamp testing cabinet;	4844

(G) Not less than two carbon monoxide detectors;

4845

(H) One approved methane indicating detector;

4846

(I) Not less than ten approved electric mine safety cap lamps	4847
complete;	4848

(J) Charging equipment for cap lamps;

4849

(K) Not less than five hundred feet of two-inch hose of	4850
standard connections and nozzles complete;	4851

(L) All the equipment necessary to provide emergency medical	4852
services, including that necessary for the services of a paramedic	4853
as defined in section 4765.01 of the Revised Code, and to	4854
establish and maintain an intravenous lifeline;	4855

(M) Sufficient parts, supplies, and other necessary equipment	4856
for maintenance and operation of the equipment prescribed in this	4857
section.	4858

All equipment shall be inspected and tested weekly for	4859
efficiency and operation, and be maintained in an effective	4860
operating condition. Reports of the condition shall be sent in	4861
writing to the division of ~~mines and reclamation~~mineral resources	4862
management.	4863

Each of ~~such~~the stations shall at all times be in charge of	4864
an assistant superintendent of rescue stations. Each assistant	4865
superintendent shall, under the supervision of the superintendent	4866
of rescue stations, conduct classes in first aid, mine safety,	4867
rescue work, and other safety educational work for the benefit of	4868
people desiring to take the same. They shall keep the equipment	4869
prescribed in this section in good condition, and see that this	4870
equipment reaches any mine whenever it is needed as expeditiously	4871
as possible. They shall help to perform whatever duties are	4872
necessary.	4873

All such stations shall be under the direction of the	4874
superintendent.	4875

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

4876

(1) "EMT-basic," "EMT-I," and "paramedic" have the same	4877
meanings as in section 4765.01 of the Revised Code.	4878

(2) "Mine medical responder" has the same meaning as in	4879
section 1565.15 of the Revised Code.	4880

(B) The superintendent of rescue stations, with the approval	4881
of the chief of the division of mineral resources management,	4882
shall, at each rescue station provided for in section 1561.25 of	4883
the Revised Code, train and employ rescue crews of six members	4884
each, one of whom shall hold a mine foreperson or fire boss	4885
certificate and be designated captain, and train and employ any	4886
number of such rescue crews as the superintendent believes	4887
necessary. One member of a rescue crew shall be certified as an	4888
EMT-basic, EMT-I, mine medical responder, or paramedic. Each	4889
member of a rescue crew shall devote the time specified by the	4890
chief each month for training purposes and shall be available at	4891
all times to assist in rescue work at explosions, mine fires, and	4892
other emergencies.	4893

A captain of mine rescue crews shall receive for service as	4894
captain the sum of twenty-four dollars per month, and each member	4895
shall receive the sum of twenty dollars per month, all payable on	4896
requisition approved by the chief. When engaged in rescue work at	4897
explosions, mine fires, or other emergencies away from their	4898
station, the members of the rescue crews and captains of the same	4899
shall be paid the sum of six dollars per hour for work on the	4900
surface, which includes the time consumed by those members in	4901
traveling to and from the scene of the emergency when the scene is	4902
away from the station of the members, and the sum of seven dollars	4903
per hour for all work underground at the emergency, and in	4904
addition thereto, the necessary living expenses of the members	4905
when the emergency is away from their home station, all payable on	4906
requisition approved by the chief.	4907

Each member of a mine rescue crew shall undergo an annual	4908
medical examination. The chief may designate to perform an	4909
examination any individual authorized by the Revised Code to do	4910
so, including a physician assistant, a clinical nurse specialist,	4911
a certified nurse practitioner, or a certified nurse-midwife. In	4912
designating the individual to perform a medical examination, the	4913
chief shall choose one near the station of the member of the	4914
rescue crews. The examiner shall report the examination results to	4915
the chief and if, in the opinion of the chief, the report	4916
indicates that the member is physically unfit for further	4917
services, the chief shall relieve the member from further duty.	4918
The fee charged by the examiner for the examination shall be paid	4919
in the same manner as fees are paid to doctors employed by the	4920
industrial commission for special medical examinations.	4921

The chief may remove any member of a rescue crew for any	4922
reason. Such crews shall be subject to the orders of the chief,	4923
the superintendent, and the deputy mine inspectors when engaged in	4924
actual mine rescue work. Mine rescue crews shall, in case of	4925
death or injury when engaged in rescue work, wherever the same may	4926
occur, be paid compensation, or their dependents shall be paid	4927
death benefits, from the workers' compensation fund, in the same	4928
manner as other employees of the state.	4929

(C) In addition to the training of rescue crews, each	4930
assistant superintendent of rescue stations, with the approval of	4931
the superintendent, shall provide for and conduct safety, first	4932
aid, and rescue classes at any mine or for any group of miners who	4933
make application for the conducting of such classes. The chief may	4934
assess a fee for safety and first aid classes for the purpose of	4935
covering the costs associated with providing those classes. The	4936
chief shall establish a fee schedule for safety and first aid	4937
classes by rule adopted in accordance with Chapter 119. of the	4938
Revised Code. Fees collected under this section shall be deposited	4939
in the surface mining fund created in section 1514.06 of the	4940
Revised Code.	4941

The superintendent shall prescribe and provide for a uniform	4942
schedule of conducting such safety and rescue classes as will	4943
provide a competent knowledge of modern safety and rescue methods	4944
in, at, and about mines.	4945

(D) No member of a mine rescue crew who performs mine rescue	4946
at an underground coal mine and no operator of a mine whose	4947
employee participates as a member of such a mine rescue crew is	4948
liable in any civil action that arises under the laws of this	4949
state for damage or injury caused in the performance of rescue	4950
work at an underground coal mine. However, a member of such a mine	4951
rescue crew may be liable if the member acted with malicious	4952
purpose, in bad faith, or in a wanton or reckless manner.	4953

This division does not eliminate, limit, or reduce any	4954
immunity from civil liability that is conferred on a member of	4955
such a mine rescue crew or an operator by any other provision of	4956
the Revised Code or by case law.	4957

Sec. 1561.261. Except for civil actions in which the state is	4958
the plaintiff, no employee of the division of mineral resources	4959
management who performs rescue work at an underground coal mine is	4960
liable in any civil action that arises under the laws of this	4961
state for damage or injury caused in the performance of rescue	4962
work at an underground coal mine unless the employee acted with	4963
malicious purpose, in bad faith, or in a wanton or reckless	4964
manner.	4965

This section does not eliminate, limit, or reduce any	4966
immunity from civil liability that is conferred on an employee of	4967
the division by any other provision of the Revised Code or by case	4968
law.	4969

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

4970

(1) "EMT-basic," "EMT-I," "paramedic," and "emergency medical	4971
service organization" have the same meanings as in section 4765.01	4972
of the Revised Code.	4973

(2) "First aid provider" includes a mine medical responder,	4974
an EMT-basic, an EMT-I, a paramedic, or an employee at a surface	4975
coal mine who has satisfied the training requirements established	4976
in division (D)(1) of this section.	4977

(3) "Mine medical responder" means a person who has satisfied	4978
the requirements established in rules adopted under division (E)	4979
of this section.	4980

(B) The operator of an underground coal mine where twenty or	4981
more persons are employed on a shift, including all persons	4982
working at different locations at the mine within a ten-mile	4983
radius, shall provide at least one mine medical responder,	4984
EMT-basic, or EMT-I on duty at the underground coal mine whenever	4985
employees at the mine are actively engaged in the extraction,	4986
production, or preparation of coal. The operator shall provide	4987
mine medical responders, EMTs-basic, or EMTs-I on duty at the	4988
underground coal mine at times and in numbers sufficient to ensure	4989
that no miner works in a mine location that cannot be reached	4990
within a reasonable time by a mine medical responder, an	4991
EMT-basic, or an EMT-I. Mine medical responders, EMTs-basic, and	4992
EMTs-I shall be employed on their regular coal mining duties at	4993
locations convenient for quick response to emergencies in order to	4994
provide emergency medical services inside the underground coal	4995
mine and transportation of injured or sick employees to the	4996
entrance of the mine. The operator shall provide for the services	4997
of at least one emergency medical service organization to be	4998
available on call to reach the entrance of the underground coal	4999
mine within thirty minutes at any time that employees are engaged	5000
in the extraction, production, or preparation of coal in order to	5001
provide emergency medical services and transportation to a	5002
hospital.	5003

The operator shall make available to mine medical responders,	5004
EMTs-basic, and EMTs-I all of the equipment for first aid and	5005
emergency medical services that is necessary for those personnel	5006
to function and to comply with the regulations pertaining to	5007
first aid and emergency medical services that are adopted under	5008
the "Federal Mine Safety and Health Act of 1977," 91 Stat. 1290,	5009
30 U.S.C.A. 801, and amendments to it. The operator of the	5010
underground coal mine shall install telephone service or	5011
equivalent facilities that enable two-way voice communication	5012
between the mine medical responders, EMTs-basic, or EMTs-I in the	5013
mine and the emergency medical service organization outside the	5014
mine that provides emergency medical services on a regular basis.	5015

(C) The operator of a surface coal mine shall provide at	5016
least one first aid provider on duty at the mine whenever	5017
employees at the mine are actively engaged in the extraction,	5018
production, or preparation of coal. The operator shall provide	5019
first aid providers on duty at the surface coal mine at times and	5020
in numbers sufficient to ensure that no miner works in a mine	5021
location that cannot be reached within a reasonable time by a	5022
first aid provider. First aid providers shall be employed on their	5023
regular coal mining duties at locations convenient for quick	5024
response to emergencies in order to provide emergency medical	5025
services and transportation of injured or sick employees to the	5026
entrance of the surface coal mine. The operator shall provide for	5027
the services of at least one emergency medical service	5028
organization to be available on call to reach the entrance of the	5029
surface coal mine within thirty minutes at any time that employees	5030
are engaged in the extraction, production, or preparation of coal	5031
in order to provide emergency medical services and transportation	5032
to a hospital.	5033

The operator shall provide at the mine site all of the	5034
equipment for first aid and emergency medical services that is	5035
necessary for those personnel to function and to comply with the	5036
regulations pertaining to first aid and emergency medical services	5037
that are adopted under the "Federal Mine Safety and Health Act of	5038
1977," 91 Stat. 1290, 30 U.S.C.A. 801, and amendments to it.	5039

(D)(1) An employee at a surface coal mine shall be considered	5040
to be a first aid provider for the purposes of this section if the	5041
employee has received from an instructor approved by the chief of	5042
the division of mineral resources management ten hours of initial	5043
first aid training as a selected supervisory employee under 30	5044
C.F.R. 77.1703 and receives five hours of refresher first aid	5045
training as a selected supervisory employee under 30 C.F.R.	5046
77.1705 in each subsequent calendar year.	5047

(2) Each miner employed at a surface coal mine who is not a	5048
first aid provider shall receive from an instructor approved by	5049
the chief three hours of initial first aid training and two hours	5050
of refresher first aid training in each subsequent calendar year.	5051

(3) The training received in accordance with division (D) of	5052
this section shall consist of a course of instruction established	5053
in the manual issued by the mine safety and health administration	5054
in the United States department of labor entitled "first aid, a	5055
bureau of mines instruction manual" or its successor or any other	5056
curriculum approved by the chief. The training shall be included	5057
in the hours of instruction provided to miners in accordance with	5058
training requirements established under 30 C.F.R. part 48, subpart	5059
(B), as amended, and 30 C.F.R. part 77, as amended.	5060

(E) The chief, in consultation with persons certified under	5061
Chapter 4765. of the Revised Code to teach in an emergency medical	5062
services training program, shall adopt rules in accordance with	5063
Chapter 119. of the Revised Code that do all of the following:	5064

(1) Prescribe training requirements for a mine medical	5065
responder that specifically focus on treating injuries and	5066
illnesses associated with underground coal mining;	5067

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

5068

(3) Prescribe continuing training requirements for a mine	5069
medical responder;	5070

(4) Establish the fee for examination for a mine medical	5071
responder;	5072

(5) Prescribe any other requirements, criteria, and	5073
procedures that the chief determines are necessary regarding the	5074
training, examination, and continuing training of mine medical	5075
responders.	5076

If a person qualifies as a mine medical responder or similar	5077
classification in another state, the person may provide emergency	5078
medical services as a mine medical responder in this state	5079
without completing the training or passing the examination that	5080
is required in rules adopted under this division, provided that	5081
the chief determines that the person's qualifications from the	5082
other state satisfy all of the applicable requirements that are	5083
established in rules adopted under this division.	5084

(F) Each operator of a surface coal mine shall establish,	5085
keep current, and make available for inspection an emergency	5086
medical plan that includes the telephone numbers of the division	5087
of mineral resources management and of an emergency medical	5088
services organization the services of which are required to be	5089
retained under division (C) of this section. The chief shall adopt	5090
rules in accordance with Chapter 119. of the Revised Code that	5091
establish any additional information required to be included in an	5092
emergency medical plan.	5093

~~(F)~~(G) Each operator of an underground coal mine or surface	5094
coal mine shall provide or contract to obtain emergency medical	5095
services training or first aid training, as applicable, at the	5096
operator's expense, that is sufficient to train and maintain the	5097
certification of the number of employees necessary to comply with	5098
division (B) of this section and that is sufficient to train	5099
employees as required under division (D) of this section and to	5100
comply with division (C) of this section.	5101

~~(G)~~(H) The division may provide emergency medical services	5102
training for coal mine employees by operating an emergency medical	5103
services training program accredited under section 4765.17 of the	5104
Revised Code or by contracting with the operator of an emergency	5105
medical services training program accredited under that section to	5106
provide that training. The division may charge coal mine operators	5107
a uniform part of the unit cost per trainee.	5108

~~(H)~~(I) No coal mine operator shall violate or fail to comply	5109
with this section.	5110

Sec. 1567.64. (A) As used in this section, "tag lines" and	5111
"tie-off lines" have the same meanings as in rules adopted under	5112
this section.	5113

(B) The operator of an underground coal mine shall provide	5114
tag lines or tie-off lines for each miner at the mine. The	5115
operator shall provide and employees of the mine shall use tag	5116
lines or tie-off lines in accordance with requirements and	5117
procedures established in rules adopted under this section.	5118

(C) The chief of the division of mineral resources	5119
management, in consultation with a statewide association	5120
representing the coal mining industry and a statewide association	5121
representing employees of coal mines, shall adopt rules in	5122
accordance with Chapter 119. of the Revised Code concerning the	5123
use of tag lines or tie-off lines in an underground coal mine. The	5124
rules shall include all of the following:	5125

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

5126

(2) A description or list of acceptable tag lines and tie-off	5127
lines;	5128

(3) Procedures and requirements for the use of tag lines and	5129
tie-off lines;	5130

(4) Procedures for the approval and inspection of the use of	5131
tag lines and tie-off lines in a mine;	5132

(5) Any other requirements concerning tag lines or tie-off	5133
lines that the chief determines are necessary.	5134

(D) No operator of a mine shall refuse or neglect to comply	5135
with this section or rules adopted under it.	5136

Sec. 1567.681. (A) The operator of an underground coal mine	5137
that uses conveyor belts in the operation of the mine shall	5138
install fire detection devices on each conveyor belt that is used	5139
in the mine. The fire detection devices shall be of a design and	5140
type established in rules adopted under this section. The chief of	5141
the division of mineral resources management shall inspect the	5142
fire detection devices after the operator of the mine has	5143
installed the devices on the conveyor belts that are used in the	5144
operation of the mine. The chief shall approve or disapprove the	5145
installation of the fire detection devices and shall notify the	5146
operator of the chief's decision.	5147

(B) The chief, in consultation with a statewide association	5148
representing the coal mining industry and a statewide association	5149
representing employees of coal mines, shall adopt rules in	5150
accordance with Chapter 119. of the Revised Code concerning the	5151
installation and use of fire detection devices on conveyor belts	5152
that are used in an underground coal mine. The rules shall include	5153
all of the following:	5154

(1) The design and types of fire detection devices that must	5155
be used on a conveyor belt in order to provide for the earliest	5156
possible detection of a fire;	5157

(2) The number of fire detection devices that are required	5158
on a conveyor belt;	5159

(3) A procedure for the notification of the chief after the	5160
operator of a mine has installed the fire detection devices;	5161

(4) A procedure for the inspection of fire detection devices	5162
installed on a conveyor belt;	5163

(5) Any other requirements that the chief determines are	5164
necessary.	5165

(C) No operator of a mine shall refuse or neglect to comply	5166
with this section or rules adopted under it.	5167

Sec. 2743.49. (A)(1) In January of each odd-numbered year,	5168
the auditor of state, in accordance with this division and	5169
division (A)(2) of this section, shall adjust the actual dollar	5170
figure specified in division (E)(2)(b) of section 2743.48 of the	5171
Revised Code or the actual dollar amount determined pursuant to	5172
this section. The adjustment shall be based on the yearly average	5173
of the previous two years of the consumer price index for all	5174
urban consumers or its successive equivalent, as determined by the	5175
United States department of labor, bureau of labor statistics, or	5176
its successor in responsibility, for all items, Series A. ~~The~~	5177
~~auditor of state shall calculate the adjustment in the following~~	5178
~~manner:~~	5179

~~(a) First, using the yearly average for the immediately~~	5180
~~preceding odd-numbered year as the base year, the auditor of state~~	5181
~~shall compare the most current average consumer price index with~~	5182
~~that determined in the even-numbered year immediately preceding~~	5183
~~that odd-numbered year and shall determine the percentage increase~~	5184
~~or decrease. The auditor of state shall multiply the percentage~~	5185
~~increase or decrease by the actual dollar figure specified in~~	5186
~~division (E)(2)(b) of section 2743.48 of the Revised Code or the~~	5187
~~actual dollar figure determined for the previous odd-numbered year~~	5188
~~under this section and shall add the product to or subtract the~~	5189
~~product from its corresponding actual dollar figure, as~~	5190
~~applicable, for the previous odd-numbered year.~~	5191

~~(b) Second, using~~Using the yearly average for the	5192
immediately preceding even-numbered year as the base year, the	5193
auditor of state shall compare the most current average consumer	5194
price index with that determined in the preceding odd-numbered	5195
year ~~immediately preceding that even-numbered year~~ and shall	5196
determine the percentage increase or decrease. The auditor of	5197
state shall multiply the percentage increase or decrease by the	5198
actual dollar figure specified in division (E)(2)(b) of section	5199
2743.48 of the Revised Code or the actual dollar figure determined	5200
under ~~division (A)(1)(a) of~~ this section for the previous	5201
~~even-numbered~~odd-numbered year and shall add the product to or	5202
subtract the product from its corresponding actual dollar figure,	5203
as applicable, for the previous odd-numbered year. ~~The resulting~~	5204
~~figure is the adjusted dollar amount determined under this section~~	5205
~~for purposes of this section and section 2743.48 of the Revised~~	5206
~~Code.~~	5207

(2) The auditor of state shall calculate the adjustment under	5208
division (A)(1) of this section on or before the thirty-first day	5209
of January of each odd-numbered year. The auditor of state shall	5210
base the adjustment on the most current consumer price index that	5211
is described in division (A)(1) of this section and that is in	5212
effect as of the first day of January of each odd-numbered year.	5213

(B)(1) The auditor of state shall certify the calculations	5214
made under division (A) of this section on or before the	5215
thirty-first day of January of each odd-numbered year.	5216

(2) On or before the fifteenth day of February of each	5217
odd-numbered year, the auditor of state shall prepare a report	5218
setting forth the amount that a wrongfully imprisoned individual	5219
is entitled to for each full year of imprisonment in the state	5220
correctional institution for the offense of which the wrongfully	5221
imprisoned individual was found guilty as provided in division	5222
(E)(2)(b) of section ~~2743.49~~2743.48 of the Revised Code and as	5223
calculated in accordance with this section. The report and all	5224
documents relating to the calculations contained in the report are	5225
public records. The report shall contain an indication of the	5226
period in which the calculated amount applies, a summary of how	5227
the amount was calculated, and a statement that the report and all	5228
related documents are available for inspection and copying at the	5229
office of the auditor of state.	5230

(3) On or before the fifteenth day of February of each	5231
odd-numbered year, the auditor of state shall transmit the report	5232
to the general assembly and to the court of claims.	5233

Sec. 2921.13. (A) No person shall knowingly make a false	5234
statement, or knowingly swear or affirm the truth of a false	5235
statement previously made, when any of the following applies:	5236

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

5237

(2) The statement is made with purpose to incriminate	5238
another.	5239

(3) The statement is made with purpose to mislead a public	5240
official in performing the public official's official function.	5241

(4) The statement is made with purpose to secure the payment	5242
of unemployment compensation; Ohio works first; prevention,	5243
retention, and contingency benefits and services; disability	5244
financial assistance; retirement benefits; economic development	5245
assistance, as defined in section 9.66 of the Revised Code; or	5246
other benefits administered by a governmental agency or paid out	5247
of a public treasury.	5248

(5) The statement is made with purpose to secure the issuance	5249
by a governmental agency of a license, permit, authorization,	5250
certificate, registration, release, or provider agreement.	5251

(6) The statement is sworn or affirmed before a notary public	5252
or another person empowered to administer oaths.	5253

(7) The statement is in writing on or in connection with a	5254
report or return that is required or authorized by law.	5255

(8) The statement is in writing and is made with purpose to	5256
induce another to extend credit to or employ the offender, to	5257
confer any degree, diploma, certificate of attainment, award of	5258
excellence, or honor on the offender, or to extend to or bestow	5259
upon the offender any other valuable benefit or distinction, when	5260
the person to whom the statement is directed relies upon it to	5261
that person's detriment.	5262

(9) The statement is made with purpose to commit or	5263
facilitate the commission of a theft offense.	5264

(10) The statement is knowingly made to a probate court in	5265
connection with any action, proceeding, or other matter within its	5266
jurisdiction, either orally or in a written document, including,	5267
but not limited to, an application, petition, complaint, or other	5268
pleading, or an inventory, account, or report.	5269

(11) The statement is made on an account, form, record,	5270
stamp, label, or other writing that is required by law.	5271

(12) The statement is made in connection with the purchase of	5272
a firearm, as defined in section 2923.11 of the Revised Code, and	5273
in conjunction with the furnishing to the seller of the firearm of	5274
a fictitious or altered driver's or commercial driver's license or	5275
permit, a fictitious or altered identification card, or any other	5276
document that contains false information about the purchaser's	5277
identity.	5278

(13) The statement is made in a document or instrument of	5279
writing that purports to be a judgment, lien, or claim of	5280
indebtedness and is filed or recorded with the secretary of state,	5281
a county recorder, or the clerk of a court of record.	5282

(14) The statement is made with purpose to obtain an Ohio's	5283
best Rx program enrollment card under section 173.773 of the	5284
Revised Code or a payment under section 173.801 of the Revised	5285
Code.	5286

(15) The statement is made in an application filed with a	5287
county sheriff pursuant to section 2923.125 of the Revised Code in	5288
order to obtain or renew a license to carry a concealed handgun or	5289
is made in an affidavit submitted to a county sheriff to obtain a	5290
temporary emergency license to carry a concealed handgun under	5291
section 2923.1213 of the Revised Code.	5292

(16) The statement is required under section ~~5743.72~~5743.71	5293
of the Revised Code in connection with the person's purchase of	5294
cigarettes or tobacco products in a delivery sale.	5295

(B) No person, in connection with the purchase of a firearm,	5296
as defined in section 2923.11 of the Revised Code, shall knowingly	5297
furnish to the seller of the firearm a fictitious or altered	5298
driver's or commercial driver's license or permit, a fictitious or	5299
altered identification card, or any other document that contains	5300
false information about the purchaser's identity.	5301

(C) No person, in an attempt to obtain a license to carry a	5302
concealed handgun under section 2923.125 of the Revised Code,	5303
shall knowingly present to a sheriff a fictitious or altered	5304
document that purports to be certification of the person's	5305
competence in handling a handgun as described in division (B)(3)	5306
of section 2923.125 of the Revised Code.	5307

(D) It is no defense to a charge under division (A)(6) of	5308
this section that the oath or affirmation was administered or	5309
taken in an irregular manner.	5310

(E) If contradictory statements relating to the same fact are	5311
made by the offender within the period of the statute of	5312
limitations for falsification, it is not necessary for the	5313
prosecution to prove which statement was false but only that one	5314
or the other was false.	5315

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	5316
(6), (7), (8), (10), (11), (13), (14), or (16) of this section is	5317
guilty of falsification, a misdemeanor of the first degree.	5318

(2) Whoever violates division (A)(9) of this section is	5319
guilty of falsification in a theft offense. Except as otherwise	5320
provided in this division, falsification in a theft offense is a	5321
misdemeanor of the first degree. If the value of the property or	5322
services stolen is five hundred dollars or more and is less than	5323
five thousand dollars, falsification in a theft offense is a	5324
felony of the fifth degree. If the value of the property or	5325
services stolen is five thousand dollars or more and is less than	5326
one hundred thousand dollars, falsification in a theft offense is	5327
a felony of the fourth degree. If the value of the property or	5328
services stolen is one hundred thousand dollars or more,	5329
falsification in a theft offense is a felony of the third degree.	5330

(3) Whoever violates division (A)(12) or (B) of this section	5331
is guilty of falsification to purchase a firearm, a felony of the	5332
fifth degree.	5333

(4) Whoever violates division (A)(15) or (C) of this section	5334
is guilty of falsification to obtain a concealed handgun license,	5335
a felony of the fourth degree.	5336

(G) A person who violates this section is liable in a civil	5337
action to any person harmed by the violation for injury, death, or	5338
loss to person or property incurred as a result of the commission	5339
of the offense and for reasonable attorney's fees, court costs,	5340
and other expenses incurred as a result of prosecuting the civil	5341
action commenced under this division. A civil action under this	5342
division is not the exclusive remedy of a person who incurs	5343
injury, death, or loss to person or property as a result of a	5344
violation of this section.	5345

Sec. 2935.01. As used in this chapter:

5346

(A) "Magistrate" has the same meaning as in section 2931.01	5347
of the Revised Code.	5348

(B) "Peace officer" includes, except as provided in section	5349
2935.081 of the Revised Code, a sheriff; deputy sheriff; marshal;	5350
deputy marshal; member of the organized police department of any	5351
municipal corporation, including a member of the organized police	5352
department of a municipal corporation in an adjoining state	5353
serving in Ohio under a contract pursuant to section 737.04 of the	5354
Revised Code; member of a police force employed by a metropolitan	5355
housing authority under division (D) of section 3735.31 of the	5356
Revised Code; member of a police force employed by a regional	5357
transit authority under division (Y) of section 306.05 of the	5358
Revised Code; state university law enforcement officer appointed	5359
under section 3345.04 of the Revised Code; enforcement agent of	5360
the department of public safety designated under section 5502.14	5361
of the Revised Code; employee of the department of taxation to	5362
whom investigation powers have been delegated under section	5363
5743.45 of the Revised Code; employee of the department of natural	5364
resources who is a natural resources law enforcement staff officer	5365
designated pursuant to section 1501.013 of the Revised Code, a	5366
forest officer designated pursuant to section 1503.29 of the	5367
Revised Code, a preserve officer designated pursuant to section	5368
1517.10 of the Revised Code, a wildlife officer designated	5369
pursuant to section 1531.13 of the Revised Code, a park officer	5370
designated pursuant to section 1541.10 of the Revised Code, or a	5371
state watercraft officer designated pursuant to section 1547.521	5372
of the Revised Code; individual designated to perform law	5373
enforcement duties under section 511.232, 1545.13, or 6101.75 of	5374
the Revised Code; veterans' home police officer appointed under	5375
section 5907.02 of the Revised Code; special police officer	5376
employed by a port authority under section 4582.04 or 4582.28 of	5377
the Revised Code; police constable of any township; police officer	5378
of a township or joint township police district; a special police	5379
officer employed by a municipal corporation at a municipal	5380
airport, or other municipal air navigation facility, that has	5381
scheduled operations, as defined in section 119.3 of Title 14 of	5382
the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and	5383
that is required to be under a security program and is governed by	5384
aviation security rules of the transportation security	5385
administration of the United States department of transportation	5386
as provided in Parts 1542. and 1544. of Title 49 of the Code of	5387
Federal Regulations, as amended; the house of representatives	5388
sergeant at arms if the house of representatives sergeant at arms	5389
has arrest authority pursuant to division (E)(1) of section	5390
101.311 of the Revised Code; and an assistant house of	5391
representatives sergeant at arms; officer or employee of the	5392
bureau of criminal identification and investigation established	5393
pursuant to section 109.51 of the Revised Code who has been	5394
awarded a certificate by the executive director of the Ohio peace	5395
officer training commission attesting to the officer's or	5396
employee's satisfactory completion of an approved state, county,	5397
municipal, or department of natural resources peace officer basic	5398
training program and who is providing assistance upon request to a	5399
law enforcement officer or emergency assistance to a peace officer	5400
pursuant to section 109.54 or 109.541 of the Revised Code; a state	5401
fire marshal law enforcement officer described in division (A)(23)	5402
of section 109.71 of the Revised Code; and, for the purpose of	5403
arrests within those areas, for the purposes of Chapter 5503. of	5404
the Revised Code, and the filing of and service of process	5405
relating to those offenses witnessed or investigated by them, the	5406
superintendent and troopers of the state highway patrol.	5407

(C) "Prosecutor" includes the county prosecuting attorney and	5408
any assistant prosecutor designated to assist the county	5409
prosecuting attorney, and, in the case of courts inferior to	5410
courts of common pleas, includes the village solicitor, city	5411
director of law, or similar chief legal officer of a municipal	5412
corporation, any such officer's assistants, or any attorney	5413
designated by the prosecuting attorney of the county to appear for	5414
the prosecution of a given case.	5415

(D) "Offense," except where the context specifically	5416
indicates otherwise, includes felonies, misdemeanors, and	5417
violations of ordinances of municipal corporations and other	5418
public bodies authorized by law to adopt penal regulations.	5419

Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal,	5420
deputy marshal, municipal police officer, township constable,	5421
police officer of a township or joint township police district,	5422
member of a police force employed by a metropolitan housing	5423
authority under division (D) of section 3735.31 of the Revised	5424
Code, member of a police force employed by a regional transit	5425
authority under division (Y) of section 306.35 of the Revised	5426
Code, state university law enforcement officer appointed under	5427
section 3345.04 of the Revised Code, veterans' home police officer	5428
appointed under section 5907.02 of the Revised Code, special	5429
police officer employed by a port authority under section 4582.04	5430
or 4582.28 of the Revised Code, or a special police officer	5431
employed by a municipal corporation at a municipal airport, or	5432
other municipal air navigation facility, that has scheduled	5433
operations, as defined in section 119.3 of Title 14 of the Code of	5434
Federal Regulations, 14 C.F.R. 119.3, as amended, and that is	5435
required to be under a security program and is governed by	5436
aviation security rules of the transportation security	5437
administration of the United States department of transportation	5438
as provided in Parts 1542. and 1544. of Title 49 of the Code of	5439
Federal Regulations, as amended, shall arrest and detain, until a	5440
warrant can be obtained, a person found violating, within the	5441
limits of the political subdivision, metropolitan housing	5442
authority housing project, regional transit authority facilities	5443
or areas of a municipal corporation that have been agreed to by a	5444
regional transit authority and a municipal corporation located	5445
within its territorial jurisdiction, college, university,	5446
veterans' home operated under Chapter 5907. of the Revised Code,	5447
port authority, or municipal airport or other municipal air	5448
navigation facility, in which the peace officer is appointed,	5449
employed, or elected, a law of this state, an ordinance of a	5450
municipal corporation, or a resolution of a township.	5451

(2) A peace officer of the department of natural resources, a	5452
state fire marshal law enforcement officer described in division	5453
(A)(23) of section 109.71 of the Revised Code, or an individual	5454
designated to perform law enforcement duties under section	5455
511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and	5456
detain, until a warrant can be obtained, a person found	5457
violating, within the limits of the peace officer's, state fire	5458
marshal law enforcement officer's, or individual's territorial	5459
jurisdiction, a law of this state.	5460

(3) The house sergeant at arms if the house sergeant at arms	5461
has arrest authority pursuant to division (E)(1) of section	5462
101.311 of the Revised Code and an assistant house sergeant at	5463
arms shall arrest and detain, until a warrant can be obtained, a	5464
person found violating, within the limits of the sergeant at	5465
arms's or assistant sergeant at arms's territorial jurisdiction	5466
specified in division (D)(1)(a) of section 101.311 of the Revised	5467
Code or while providing security pursuant to division (D)(1)(f) of	5468
section 101.311 of the Revised Code, a law of this state, an	5469
ordinance of a municipal corporation, or a resolution of a	5470
township.	5471

(B)(1) When there is reasonable ground to believe that an	5472
offense of violence, the offense of criminal child enticement as	5473
defined in section 2905.05 of the Revised Code, the offense of	5474
public indecency as defined in section 2907.09 of the Revised	5475
Code, the offense of domestic violence as defined in section	5476
2919.25 of the Revised Code, the offense of violating a protection	5477
order as defined in section 2919.27 of the Revised Code, the	5478
offense of menacing by stalking as defined in section 2903.211 of	5479
the Revised Code, the offense of aggravated trespass as defined in	5480
section 2911.211 of the Revised Code, a theft offense as defined	5481
in section 2913.01 of the Revised Code, or a felony drug abuse	5482
offense as defined in section 2925.01 of the Revised Code, has	5483
been committed within the limits of the political subdivision,	5484
metropolitan housing authority housing project, regional transit	5485
authority facilities or those areas of a municipal corporation	5486
that have been agreed to by a regional transit authority and a	5487
municipal corporation located within its territorial jurisdiction,	5488
college, university, veterans' home operated under Chapter 5907.	5489
of the Revised Code, port authority, or municipal airport or other	5490
municipal air navigation facility, in which the peace officer is	5491
appointed, employed, or elected or within the limits of the	5492
territorial jurisdiction of the peace officer, a peace officer	5493
described in division (A) of this section may arrest and detain	5494
until a warrant can be obtained any person who the peace officer	5495
has reasonable cause to believe is guilty of the violation.	5496

(2) For purposes of division (B)(1) of this section, the	5497
execution of any of the following constitutes reasonable ground to	5498
believe that the offense alleged in the statement was committed	5499
and reasonable cause to believe that the person alleged in the	5500
statement to have committed the offense is guilty of the	5501
violation:	5502

(a) A written statement by a person alleging that an alleged	5503
offender has committed the offense of menacing by stalking or	5504
aggravated trespass;	5505

(b) A written statement by the administrator of the	5506
interstate compact on mental health appointed under section	5507
5119.51 of the Revised Code alleging that a person who had been	5508
hospitalized, institutionalized, or confined in any facility under	5509
an order made pursuant to or under authority of section 2945.37,	5510
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	5511
Revised Code has escaped from the facility, from confinement in a	5512
vehicle for transportation to or from the facility, or from	5513
supervision by an employee of the facility that is incidental to	5514
hospitalization, institutionalization, or confinement in the	5515
facility and that occurs outside of the facility, in violation of	5516
section 2921.34 of the Revised Code;	5517

(c) A written statement by the administrator of any facility	5518
in which a person has been hospitalized, institutionalized, or	5519
confined under an order made pursuant to or under authority of	5520
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	5521
2945.402 of the Revised Code alleging that the person has escaped	5522
from the facility, from confinement in a vehicle for	5523
transportation to or from the facility, or from supervision by an	5524
employee of the facility that is incidental to hospitalization,	5525
institutionalization, or confinement in the facility and that	5526
occurs outside of the facility, in violation of section 2921.34 of	5527
the Revised Code.	5528

(3)(a) For purposes of division (B)(1) of this section, a	5529
peace officer described in division (A) of this section has	5530
reasonable grounds to believe that the offense of domestic	5531
violence or the offense of violating a protection order has been	5532
committed and reasonable cause to believe that a particular person	5533
is guilty of committing the offense if any of the following	5534
occurs:	5535

(i) A person executes a written statement alleging that the	5536
person in question has committed the offense of domestic violence	5537
or the offense of violating a protection order against the person	5538
who executes the statement or against a child of the person who	5539
executes the statement.	5540

(ii) No written statement of the type described in division	5541
(B)(3)(a)(i) of this section is executed, but the peace officer,	5542
based upon the peace officer's own knowledge and observation of	5543
the facts and circumstances of the alleged incident of the offense	5544
of domestic violence or the alleged incident of the offense of	5545
violating a protection order or based upon any other information,	5546
including, but not limited to, any reasonably trustworthy	5547
information given to the peace officer by the alleged victim of	5548
the alleged incident of the offense or any witness of the alleged	5549
incident of the offense, concludes that there are reasonable	5550
grounds to believe that the offense of domestic violence or the	5551
offense of violating a protection order has been committed and	5552
reasonable cause to believe that the person in question is guilty	5553
of committing the offense.	5554

(iii) No written statement of the type described in division	5555
(B)(3)(a)(i) of this section is executed, but the peace officer	5556
witnessed the person in question commit the offense of domestic	5557
violence or the offense of violating a protection order.	5558

(b) If pursuant to division (B)(3)(a) of this section a peace	5559
officer has reasonable grounds to believe that the offense of	5560
domestic violence or the offense of violating a protection order	5561
has been committed and reasonable cause to believe that a	5562
particular person is guilty of committing the offense, it is the	5563
preferred course of action in this state that the officer arrest	5564
and detain that person pursuant to division (B)(1) of this section	5565
until a warrant can be obtained.	5566

If pursuant to division (B)(3)(a) of this section a peace	5567
officer has reasonable grounds to believe that the offense of	5568
domestic violence or the offense of violating a protection order	5569
has been committed and reasonable cause to believe that family or	5570
household members have committed the offense against each other,	5571
it is the preferred course of action in this state that the	5572
officer, pursuant to division (B)(1) of this section, arrest and	5573
detain until a warrant can be obtained the family or household	5574
member who committed the offense and whom the officer has	5575
reasonable cause to believe is the primary physical aggressor.	5576
There is no preferred course of action in this state regarding any	5577
other family or household member who committed the offense and	5578
whom the officer does not have reasonable cause to believe is the	5579
primary physical aggressor, but, pursuant to division (B)(1) of	5580
this section, the peace officer may arrest and detain until a	5581
warrant can be obtained any other family or household member who	5582
committed the offense and whom the officer does not have	5583
reasonable cause to believe is the primary physical aggressor.	5584

(c) If a peace officer described in division (A) of this	5585
section does not arrest and detain a person whom the officer has	5586
reasonable cause to believe committed the offense of domestic	5587
violence or the offense of violating a protection order when it is	5588
the preferred course of action in this state pursuant to division	5589
(B)(3)(b) of this section that the officer arrest that person, the	5590
officer shall articulate in the written report of the incident	5591
required by section 2935.032 of the Revised Code a clear statement	5592
of the officer's reasons for not arresting and detaining that	5593
person until a warrant can be obtained.	5594

(d) In determining for purposes of division (B)(3)(b) of this	5595
section which family or household member is the primary physical	5596
aggressor in a situation in which family or household members have	5597
committed the offense of domestic violence or the offense of	5598
violating a protection order against each other, a peace officer	5599
described in division (A) of this section, in addition to any	5600
other relevant circumstances, should consider all of the	5601
following:	5602

(i) Any history of domestic violence or of any other violent	5603
acts by either person involved in the alleged offense that the	5604
officer reasonably can ascertain;	5605

(ii) If violence is alleged, whether the alleged violence was	5606
caused by a person acting in self-defense;	5607

(iii) Each person's fear of physical harm, if any, resulting	5608
from the other person's threatened use of force against any person	5609
or resulting from the other person's use or history of the use of	5610
force against any person, and the reasonableness of that fear;	5611

(iv) The comparative severity of any injuries suffered by the	5612
persons involved in the alleged offense.	5613

(e)(i) A peace officer described in division (A) of this	5614
section shall not require, as a prerequisite to arresting or	5615
charging a person who has committed the offense of domestic	5616
violence or the offense of violating a protection order, that the	5617
victim of the offense specifically consent to the filing of	5618
charges against the person who has committed the offense or sign a	5619
complaint against the person who has committed the offense.	5620

(ii) If a person is arrested for or charged with committing	5621
the offense of domestic violence or the offense of violating a	5622
protection order and if the victim of the offense does not	5623
cooperate with the involved law enforcement or prosecuting	5624
authorities in the prosecution of the offense or, subsequent to	5625
the arrest or the filing of the charges, informs the involved law	5626
enforcement or prosecuting authorities that the victim does not	5627
wish the prosecution of the offense to continue or wishes to drop	5628
charges against the alleged offender relative to the offense, the	5629
involved prosecuting authorities, in determining whether to	5630
continue with the prosecution of the offense or whether to dismiss	5631
charges against the alleged offender relative to the offense and	5632
notwithstanding the victim's failure to cooperate or the victim's	5633
wishes, shall consider all facts and circumstances that are	5634
relevant to the offense, including, but not limited to, the	5635
statements and observations of the peace officers who responded to	5636
the incident that resulted in the arrest or filing of the charges	5637
and of all witnesses to that incident.	5638

(f) In determining pursuant to divisions (B)(3)(a) to (g) of	5639
this section whether to arrest a person pursuant to division	5640
(B)(1) of this section, a peace officer described in division (A)	5641
of this section shall not consider as a factor any possible	5642
shortage of cell space at the detention facility to which the	5643
person will be taken subsequent to the person's arrest or any	5644
possibility that the person's arrest might cause, contribute to,	5645
or exacerbate overcrowding at that detention facility or at any	5646
other detention facility.	5647

(g) If a peace officer described in division (A) of this	5648
section intends pursuant to divisions (B)(3)(a) to (g) of this	5649
section to arrest a person pursuant to division (B)(1) of this	5650
section and if the officer is unable to do so because the person	5651
is not present, the officer promptly shall seek a warrant for the	5652
arrest of the person.	5653

(h) If a peace officer described in division (A) of this	5654
section responds to a report of an alleged incident of the offense	5655
of domestic violence or an alleged incident of the offense of	5656
violating a protection order and if the circumstances of the	5657
incident involved the use or threatened use of a deadly weapon or	5658
any person involved in the incident brandished a deadly weapon	5659
during or in relation to the incident, the deadly weapon that was	5660
used, threatened to be used, or brandished constitutes contraband,	5661
and, to the extent possible, the officer shall seize the deadly	5662
weapon as contraband pursuant to Chapter 2981. of the Revised	5663
Code. Upon the seizure of a deadly weapon pursuant to division	5664
(B)(3)(h) of this section, section 2981.12 of the Revised Code	5665
shall apply regarding the treatment and disposition of the deadly	5666
weapon. For purposes of that section, the "underlying criminal	5667
offense" that was the basis of the seizure of a deadly weapon	5668
under division (B)(3)(h) of this section and to which the deadly	5669
weapon had a relationship is any of the following that is	5670
applicable:	5671

(i) The alleged incident of the offense of domestic violence	5672
or the alleged incident of the offense of violating a protection	5673
order to which the officer who seized the deadly weapon responded;	5674

(ii) Any offense that arose out of the same facts and	5675
circumstances as the report of the alleged incident of the offense	5676
of domestic violence or the alleged incident of the offense of	5677
violating a protection order to which the officer who seized the	5678
deadly weapon responded.	5679

(4) If, in the circumstances described in divisions (B)(3)(a)	5680
to (g) of this section, a peace officer described in division (A)	5681
of this section arrests and detains a person pursuant to division	5682
(B)(1) of this section, or if, pursuant to division (B)(3)(h) of	5683
this section, a peace officer described in division (A) of this	5684
section seizes a deadly weapon, the officer, to the extent	5685
described in and in accordance with section 9.86 or 2744.03 of the	5686
Revised Code, is immune in any civil action for damages for	5687
injury, death, or loss to person or property that arises from or	5688
is related to the arrest and detention or the seizure.	5689

(C) When there is reasonable ground to believe that a	5690
violation of division (A)(1), (2), (3), (4), or (5) of section	5691
4506.15 or a violation of section 4511.19 of the Revised Code has	5692
been committed by a person operating a motor vehicle subject to	5693
regulation by the public utilities commission of Ohio under Title	5694
XLIX of the Revised Code, a peace officer with authority to	5695
enforce that provision of law may stop or detain the person whom	5696
the officer has reasonable cause to believe was operating the	5697
motor vehicle in violation of the division or section and, after	5698
investigating the circumstances surrounding the operation of the	5699
vehicle, may arrest and detain the person.	5700

(D) If a sheriff, deputy sheriff, marshal, deputy marshal,	5701
municipal police officer, member of a police force employed by a	5702
metropolitan housing authority under division (D) of section	5703
3735.31 of the Revised Code, member of a police force employed by	5704
a regional transit authority under division (Y) of section 306.35	5705
of the Revised Code, special police officer employed by a port	5706
authority under section 4582.04 or 4582.28 of the Revised Code,	5707
special police officer employed by a municipal corporation at a	5708
municipal airport or other municipal air navigation facility	5709
described in division (A) of this section, township constable,	5710
police officer of a township or joint township police district,	5711
state university law enforcement officer appointed under section	5712
3345.04 of the Revised Code, peace officer of the department of	5713
natural resources, individual designated to perform law	5714
enforcement duties under section 511.232, 1545.13, or 6101.75 of	5715
the Revised Code, the house sergeant at arms if the house sergeant	5716
at arms has arrest authority pursuant to division (E)(1) of	5717
section 101.311 of the Revised Code, or an assistant house	5718
sergeant at arms is authorized by division (A) or (B) of this	5719
section to arrest and detain, within the limits of the political	5720
subdivision, metropolitan housing authority housing project,	5721
regional transit authority facilities or those areas of a	5722
municipal corporation that have been agreed to by a regional	5723
transit authority and a municipal corporation located within its	5724
territorial jurisdiction, port authority, municipal airport or	5725
other municipal air navigation facility, college, or university in	5726
which the officer is appointed, employed, or elected or within the	5727
limits of the territorial jurisdiction of the peace officer, a	5728
person until a warrant can be obtained, the peace officer, outside	5729
the limits of that territory, may pursue, arrest, and detain that	5730
person until a warrant can be obtained if all of the following	5731
apply:	5732

(1) The pursuit takes place without unreasonable delay after	5733
the offense is committed;	5734

(2) The pursuit is initiated within the limits of the	5735
political subdivision, metropolitan housing authority housing	5736
project, regional transit authority facilities or those areas of a	5737
municipal corporation that have been agreed to by a regional	5738
transit authority and a municipal corporation located within its	5739
territorial jurisdiction, port authority, municipal airport or	5740
other municipal air navigation facility, college, or university in	5741
which the peace officer is appointed, employed, or elected or	5742
within the limits of the territorial jurisdiction of the peace	5743
officer;	5744

(3) The offense involved is a felony, a misdemeanor of the	5745
first degree or a substantially equivalent municipal ordinance, a	5746
misdemeanor of the second degree or a substantially equivalent	5747
municipal ordinance, or any offense for which points are	5748
chargeable pursuant to section 4510.036 of the Revised Code.	5749

(E) In addition to the authority granted under division (A)	5750
or (B) of this section:	5751

(1) A sheriff or deputy sheriff may arrest and detain, until	5752
a warrant can be obtained, any person found violating section	5753
4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section	5754
4549.62, or Chapter 4511. or 4513. of the Revised Code on the	5755
portion of any street or highway that is located immediately	5756
adjacent to the boundaries of the county in which the sheriff or	5757
deputy sheriff is elected or appointed.	5758

(2) A member of the police force of a township police	5759
district created under section 505.48 of the Revised Code, a	5760
member of the police force of a joint township police district	5761
created under section 505.481 of the Revised Code, or a township	5762
constable appointed in accordance with section 509.01 of the	5763
Revised Code, who has received a certificate from the Ohio peace	5764
officer training commission under section 109.75 of the Revised	5765
Code, may arrest and detain, until a warrant can be obtained, any	5766
person found violating any section or chapter of the Revised Code	5767
listed in division (E)(1) of this section, other than sections	5768
4513.33 and 4513.34 of the Revised Code, on the portion of any	5769
street or highway that is located immediately adjacent to the	5770
boundaries of the township police district or joint township	5771
police district, in the case of a member of a township police	5772
district or joint township police district police force, or the	5773
unincorporated territory of the township, in the case of a	5774
township constable. However, if the population of the township	5775
that created the township police district served by the member's	5776
police force, or the townships that created the joint township	5777
police district served by the member's police force, or the	5778
township that is served by the township constable, is sixty	5779
thousand or less, the member of the township police district or	5780
joint police district police force or the township constable may	5781
not make an arrest under division (E)(2) of this section on a	5782
state highway that is included as part of the interstate system.	5783

(3) A police officer or village marshal appointed, elected,	5784
or employed by a municipal corporation may arrest and detain,	5785
until a warrant can be obtained, any person found violating any	5786
section or chapter of the Revised Code listed in division (E)(1)	5787
of this section on the portion of any street or highway that is	5788
located immediately adjacent to the boundaries of the municipal	5789
corporation in which the police officer or village marshal is	5790
appointed, elected, or employed.	5791

(4) A peace officer of the department of natural resources, a	5792
state fire marshal law enforcement officer described in division	5793
(A)(23) of section 109.71 of the Revised Code, or an individual	5794
designated to perform law enforcement duties under section	5795
511.232, 1545.13, or 6101.75 of the Revised Code may arrest and	5796
detain, until a warrant can be obtained, any person found	5797
violating any section or chapter of the Revised Code listed in	5798
division (E)(1) of this section, other than sections 4513.33 and	5799
4513.34 of the Revised Code, on the portion of any street or	5800
highway that is located immediately adjacent to the boundaries of	5801
the lands and waters that constitute the territorial jurisdiction	5802
of the peace officer or state fire marshal law enforcement	5803
officer.	5804

(F)(1) A department of mental health special police officer	5805
or a department of mental retardation and developmental	5806
disabilities special police officer may arrest without a warrant	5807
and detain until a warrant can be obtained any person found	5808
committing on the premises of any institution under the	5809
jurisdiction of the particular department a misdemeanor under a	5810
law of the state.	5811

A department of mental health special police officer or a	5812
department of mental retardation and developmental disabilities	5813
special police officer may arrest without a warrant and detain	5814
until a warrant can be obtained any person who has been	5815
hospitalized, institutionalized, or confined in an institution	5816
under the jurisdiction of the particular department pursuant to or	5817
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	5818
2945.40, 2945.401, or 2945.402 of the Revised Code and who is	5819
found committing on the premises of any institution under the	5820
jurisdiction of the particular department a violation of section	5821
2921.34 of the Revised Code that involves an escape from the	5822
premises of the institution.	5823

(2)(a) If a department of mental health special police	5824
officer or a department of mental retardation and developmental	5825
disabilities special police officer finds any person who has been	5826
hospitalized, institutionalized, or confined in an institution	5827
under the jurisdiction of the particular department pursuant to or	5828
under authority of section 2945.37, 2945.371, 2945.38, 2945.39,	5829
2945.40, 2945.401, or 2945.402 of the Revised Code committing a	5830
violation of section 2921.34 of the Revised Code that involves an	5831
escape from the premises of the institution, or if there is	5832
reasonable ground to believe that a violation of section 2921.34	5833
of the Revised Code has been committed that involves an escape	5834
from the premises of an institution under the jurisdiction of the	5835
department of mental health or the department of mental	5836
retardation and developmental disabilities and if a department of	5837
mental health special police officer or a department of mental	5838
retardation and developmental disabilities special police officer	5839
has reasonable cause to believe that a particular person who has	5840
been hospitalized, institutionalized, or confined in the	5841
institution pursuant to or under authority of section 2945.37,	5842
2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the	5843
Revised Code is guilty of the violation, the special police	5844
officer, outside of the premises of the institution, may pursue,	5845
arrest, and detain that person for that violation of section	5846
2921.34 of the Revised Code, until a warrant can be obtained, if	5847
both of the following apply:	5848

(i) The pursuit takes place without unreasonable delay after	5849
the offense is committed;	5850

(ii) The pursuit is initiated within the premises of the	5851
institution from which the violation of section 2921.34 of the	5852
Revised Code occurred.	5853

(b) For purposes of division (F)(2)(a) of this section, the	5854
execution of a written statement by the administrator of the	5855
institution in which a person had been hospitalized,	5856
institutionalized, or confined pursuant to or under authority of	5857
section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or	5858
2945.402 of the Revised Code alleging that the person has escaped	5859
from the premises of the institution in violation of section	5860
2921.34 of the Revised Code constitutes reasonable ground to	5861
believe that the violation was committed and reasonable cause to	5862
believe that the person alleged in the statement to have committed	5863
the offense is guilty of the violation.	5864

(G) As used in this section:

5865

(1) A "department of mental health special police officer"	5866
means a special police officer of the department of mental health	5867
designated under section 5119.14 of the Revised Code who is	5868
certified by the Ohio peace officer training commission under	5869
section 109.77 of the Revised Code as having successfully	5870
completed an approved peace officer basic training program.	5871

(2) A "department of mental retardation and developmental	5872
disabilities special police officer" means a special police	5873
officer of the department of mental retardation and developmental	5874
disabilities designated under section 5123.13 of the Revised Code	5875
who is certified by the Ohio peace officer training council under	5876
section 109.77 of the Revised Code as having successfully	5877
completed an approved peace officer basic training program.	5878

(3) "Deadly weapon" has the same meaning as in section	5879
2923.11 of the Revised Code.	5880

(4) "Family or household member" has the same meaning as in	5881
section 2919.25 of the Revised Code.	5882

(5) "Street" or "highway" has the same meaning as in section	5883
4511.01 of the Revised Code.	5884

(6) "Interstate system" has the same meaning as in section	5885
5516.01 of the Revised Code.	5886

(7) "Peace officer of the department of natural resources"	5887
means an employee of the department of natural resources who is a	5888
natural resources law enforcement staff officer designated	5889
pursuant to section 1501.013 of the Revised Code, a forest officer	5890
designated pursuant to section 1503.29 of the Revised Code, a	5891
preserve officer designated pursuant to section 1517.10 of the	5892
Revised Code, a wildlife officer designated pursuant to section	5893
1531.13 of the Revised Code, a park officer designated pursuant to	5894
section 1541.10 of the Revised Code, or a state watercraft officer	5895
designated pursuant to section 1547.521 of the Revised Code.	5896

(8) "Portion of any street or highway" means all lanes of the	5897
street or highway irrespective of direction of travel, including	5898
designated turn lanes, and any berm, median, or shoulder.	5899

Sec. 2949.092. If a person is convicted of or pleads guilty	5900
to an offense and the court specifically is required, pursuant to	5901
section 2743.70, 2949.091, or 2949.093, or 2949.094 of the Revised	5902
Code or pursuant to any other section of the Revised Code to	5903
impose a specified sum of money as costs in the case in addition	5904
to any other costs that the court is required or permitted by law	5905
to impose in the case, the court shall not waive the payment of	5906
the specified additional court costs that the section of the	5907
Revised Code specifically requires the court to impose unless the	5908
court determines that the offender is indigent and the court	5909
waives the payment of all court costs imposed upon the offender.	5910

Sec. 2949.094. (A) The court in which any person is convicted	5911
of or pleads guilty to any moving violation shall impose an	5912
additional court cost of ten dollars upon the offender. The court	5913
shall not waive the payment of the ten dollars unless the court	5914
determines that the offender is indigent and waives the payment of	5915
all court costs imposed upon the indigent offender.	5916

The clerk of the court shall transmit thirty per cent of all	5917
additional court costs collected pursuant to this division during	5918
a month on the first business day of the following month to the	5919
division of criminal justice services, and the division of	5920
criminal justice services shall deposit the money so transmitted	5921
into the drug law enforcement fund created under section 5502.68	5922
of the Revised Code. The clerk shall transmit twenty per cent of	5923
all additional court costs so collected during a month on the	5924
first business day of the following month to the state treasury to	5925
be credited to the indigent drivers alcohol treatment fund created	5926
under section 4511.191 of the Revised Code and to be distributed	5927
by the department of alcohol and drug addiction services as	5928
provided in division (H) of that section. The clerk shall	5929
transmit fifty per cent of all additional court costs so collected	5930
during a month on the first business day of the following month to	5931
the state treasury to be credited to the indigent defense support	5932
fund created pursuant to section 120.08 of the Revised Code.	5933

(B) The juvenile court in which a child is found to be a	5934
juvenile traffic offender for an act that is a moving violation	5935
shall impose an additional court cost of ten dollars upon the	5936
juvenile traffic offender. The juvenile court shall not waive the	5937
payment of the ten dollars unless the court determines that the	5938
juvenile is indigent and waives the payment of all court costs	5939
imposed upon the indigent offender.	5940

The clerk of the court shall transmit thirty per cent of all	5941
additional court costs collected pursuant to this division during	5942
a month on the first business day of the following month to the	5943
division of criminal justice services, and the division of	5944
criminal justice services shall deposit the money so transmitted	5945
into the drug law enforcement fund created under section 5502.68	5946
of the Revised Code. The clerk shall transmit twenty per cent of	5947
all additional court costs so collected during a month on the	5948
first business day of the following month to the state treasury to	5949
be credited to the indigent drivers alcohol treatment fund created	5950
under that section 4511.191 of the Revised Code and to be	5951
distributed by the department of alcohol and drug addiction	5952
services as provided in division (H) of that section. The clerk	5953
shall transmit fifty per cent of all additional court costs so	5954
collected during a month on the first business day of the	5955
following month to the state treasury to be credited to the	5956
indigent defense support fund created pursuant to section 120.08	5957
of the Revised Code.	5958

(C) Whenever a person is charged with any offense that is a	5959
moving violation and posts bail, the court shall add to the amount	5960
of the bail the ten dollars required to be paid by division (A)	5961
of this section. The clerk of the court shall retain the ten	5962
dollars until the person is convicted, pleads guilty, forfeits	5963
bail, is found not guilty, or has the charges dismissed. If the	5964
person is convicted, pleads guilty, or forfeits bail, the clerk	5965
shall transmit three dollars out of the ten dollars to the	5966
division of criminal justice services, and the division of	5967
criminal justice services shall deposit the money so transmitted	5968
into the drug law enforcement fund created under section 5502.68	5969
of the Revised Code, the clerk shall transmit two dollars out of	5970
the ten dollars to the state treasury to be credited to the	5971
indigent drivers alcohol treatment fund created under section	5972
4511.191 of the Revised Code and to be distributed by the	5973
department of alcohol and drug addiction services as provided in	5974
division (H) of that section, and the clerk shall transmit five	5975
dollars out of the ten dollars to the state treasury to be	5976
credited to the indigent defense support fund created under	5977
section 120.08 of the Revised Code. If the person is found not	5978
guilty or the charges are dismissed, the clerk shall return the	5979
ten dollars to the person.	5980

(D) No person shall be placed or held in a detention facility	5981
for failing to pay the court cost or bail that is required to be	5982
paid by this section.	5983

(E) As used in this section:

5984

(1) "Bail" and "moving violation" have the same meanings as	5985
in section 2949.093 of the Revised Code.	5986

(2) "Detention facility" has the same meaning as in section	5987
2921.01 of the Revised Code.	5988

(3) "Division of criminal justice services" means the	5989
division of criminal justice services of the department of public	5990
safety, created by section 5502.62 of the Revised Code.	5991

Sec. 3119.023. When a court or child support enforcement	5992
agency calculates the amount of child support to be paid pursuant	5993
to a court child support order in a proceeding in which the	5994
parents have split parental rights and responsibilities with	5995
respect to the children who are the subject of the child support	5996
order, the court or child support enforcement agency shall use a	5997
worksheet that is identical in content and form to the following:	5998

CHILD SUPPORT COMPUTATION WORKSHEET	5999

SPLIT PARENTAL RIGHTS AND RESPONSIBILITIES	6000

Name of parties ................................................	6001

Case No. .......................................................	6002

Number of minor children .......................................	6003

Number of minor children with mother .......... father .........	6004

		Column I	Column II	Column III	6005
		Father	Mother	Combined	6006
INCOME:					6007
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)				6008
		$......	$......		6009
b.	Amount of overtime, bonuses, and commissions (year 1 representing the most recent year)				6010

Father	Mother	6011
Yr. 3 $..........	Yr. 3 $..........	6012
(Three years ago)	(Three years ago)	6013
Yr. 2 $..........	Yr. 2 $..........	6014
(Two years ago)	(Two years ago)	6015
Yr. 1 $..........	Yr. 1 $..........	6016
(Last calendar year)	(Last calendar year)	6017
Average $..........	$............	6018

	(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)				6019
		$......	$......		6020
2.	For self-employment income				6021
a.	Gross receipts from business				6022
		$......	$......		6023
b.	Ordinary and necessary business expenses				6024
		$......	$......		6025
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				6026
		$......	$......		6027
d.	Adjusted gross income from self-employment (subtract the sum of 2b and 2c from 2a)				6028
		$......	$......		6029
3.	Annual income from interest and dividends (whether or not taxable)				6030
		$......	$......		6031
4.	Annual income from unemployment compensation				6032
		$......	$......		6033
5.	Annual income from workers' compensation, disability insurance benefits or social security disability retirement benefits				6034
		$......	$......		6035
6.	Other annual income (identify)				6036
		$......	$......		6037
7.a.	Total annual gross income (add lines 1a, 1b, 2d, and 3-6)				6038
		$......	$......		6039
b.	Health insurance maximum (multiply line 7a by 5%)				6040
		$......	$......		6041
ADJUSTMENTS TO INCOME:					6042
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)				6043
		$......	$......		6044
9.	Annual court-ordered support paid for other children				6045
		$......	$......		6046
10.	Annual court-ordered spousal support paid to any spouse or former spouse				6047
		$......	$......		6048
11.	Amount of local income taxes actually paid or estimated to be paid				6049
		$......	$......		6050
12.	Mandatory work-related deductions such as union dues, uniform fees, etc. (not including taxes, social security, or retirement)				6051
		$......	$......		6052
13.	Total gross income adjustments (add lines 8 through 12)				6053
		$......	$......		6054
14.a.	Adjusted annual gross income (subtract line 13 from 7a)				6055
		$......	$......		6056
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.)				6057
		$......	$......		6058
15.	Combined annual income that is basis for child support order (add line 14a, Col. I and Col. II)				6059
				$......	6060
16.	Percentage of parent's income to total income				6061
a.	Father (divide line 14a, Col. I, by line 15, Col. III) ......%				6062
b.	Mother (divide line 14a, Col. II, by line 15, Col. III) ......%				6063
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		6064

		$......	$......	6065
18.	Annual support obligation per parent			6066
a.	Of father for children for whom mother is the residential parent and legal custodian (multiply line 17, Col. I, by line 16a)			6067
		$......		6068
b.	Of mother for children for whom the father is the residential parent and legal custodian (multiply line 17, Col. II, by line 16b)			6069
			$......	6070
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	6071
		$......	$......	6072
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	6073
		$......	$......	6074
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)			6075
		$......	$......	6076

21.		ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS PROVIDED:			6077
		Father		Mother	6078
	a.	Additions: line 16a	b.	Additions: line 16b	6079
		times sum of amounts		times sum of amounts	6080
		shown on line 19, Col. II		shown on line 19, Col. I	6081
		and line 20a, Col. II		and line 20a, Col. I	6082
		$......................		$......................	6083
	c.	Subtractions: line 16b	d.	Subtractions: line 16a	6084
		times sum of amounts		times sum of amounts	6085
		shown on line 19, Col. I		shown on line 19, Col. II	6086
		and line 20a, Col. I		and line 20a, Col. II	6087
		$.......................		$.......................	6088

22.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS PROVIDED:			6089
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)			6090
		$......		6091
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			6092
		$......		6093
c.	Actual annual obligation of father (subtract line 22b from line 22a)			6094
		$......		6095
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)			6096
			$......	6097
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			6098
			$......	6099
f.	Actual annual obligation of mother (subtract line 22e from line 22d)			6100
			$......	6101
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)			6102
		$......	$......	6103
23.	ADJUSTMENTS TO CHILD SUPPORT WHEN HEALTH INSURANCE IS NOT PROVIDED:			6104

	Father		Mother	6105
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	6106
	$...............		$...............	6107
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	6108
	$...............		$...............	6109

24.	ACTUAL ANNUAL OBLIGATION WHEN HEALTH INSURANCE IS NOT PROVIDED:			6110
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)	$......		6111
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	$......		6112
c.	Actual annual obligation of the father (subtract line 24b from line 24a)	$......		6113
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)			6114
			$......	6115
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			6116
			$......	6117
f.	Actual annual obligation of the mother (subtract line 24e from line 24d)		$......	6118
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)			6119
		$......	$......	6120
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			6121
		$......	$......	6122

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.)				6123
		6124
		6125
		6126
		6127
					6128
		WHEN	WHEN		6129
		HEALTH	HEALTH		6130
		INSURANCE	INSURANCE		6131
		IS	IS NOT		6132
		PROVIDED	PROVIDED		6133
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.)				6134
		$......	$......	Father/Mother, OBLIGOR	6135
27.	FOR DECREE: Child support per month (divide obligor's annual share, line 26, by 12) plus any processing charge				6136
		$......	$......		6137
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)				6138
			$......		6139
29.	FOR DECREE: Cash medical support per month (divide line 28 by 12)				6140
			$......		6141

Prepared by:		6142
Counsel: ....................	Pro se: .................	6143
(For mother/father)		6144
CSEA: .......................	Other: ..................	6145

Worksheet Has Been Reviewed and Agreed To:	6146

...........................	...........................	6147
Mother	Date	6148
...........................	...........................	6149
Father	Date	6150

Sec. 3301.0714. (A) The state board of education shall adopt	6151
rules for a statewide education management information system. The	6152
rules shall require the state board to establish guidelines for	6153
the establishment and maintenance of the system in accordance with	6154
this section and the rules adopted under this section. The	6155
guidelines shall include:	6156

(1) Standards identifying and defining the types of data in	6157
the system in accordance with divisions (B) and (C) of this	6158
section;	6159

(2) Procedures for annually collecting and reporting the data	6160
to the state board in accordance with division (D) of this	6161
section;	6162

(3) Procedures for annually compiling the data in accordance	6163
with division (G) of this section;	6164

(4) Procedures for annually reporting the data to the public	6165
in accordance with division (H) of this section.	6166

(B) The guidelines adopted under this section shall require	6167
the data maintained in the education management information system	6168
to include at least the following:	6169

(1) Student participation and performance data, for each	6170
grade in each school district as a whole and for each grade in	6171
each school building in each school district, that includes:	6172

(a) The numbers of students receiving each category of	6173
instructional service offered by the school district, such as	6174
regular education instruction, vocational education instruction,	6175
specialized instruction programs or enrichment instruction that is	6176
part of the educational curriculum, instruction for gifted	6177
students, instruction for students with disabilities, and	6178
remedial instruction. The guidelines shall require instructional	6179
services under this division to be divided into discrete	6180
categories if an instructional service is limited to a specific	6181
subject, a specific type of student, or both, such as regular	6182
instructional services in mathematics, remedial reading	6183
instructional services, instructional services specifically for	6184
students gifted in mathematics or some other subject area, or	6185
instructional services for students with a specific type of	6186
disability. The categories of instructional services required by	6187
the guidelines under this division shall be the same as the	6188
categories of instructional services used in determining cost	6189
units pursuant to division (C)(3) of this section.	6190

(b) The numbers of students receiving support or	6191
extracurricular services for each of the support services or	6192
extracurricular programs offered by the school district, such as	6193
counseling services, health services, and extracurricular sports	6194
and fine arts programs. The categories of services required by the	6195
guidelines under this division shall be the same as the categories	6196
of services used in determining cost units pursuant to division	6197
(C)(4)(a) of this section.	6198

(c) Average student grades in each subject in grades nine	6199
through twelve;	6200

(d) Academic achievement levels as assessed by the testing of	6201
student achievement under sections 3301.0710 and 3301.0711 of the	6202
Revised Code;	6203

(e) The number of students designated as having a disabling	6204
condition pursuant to division (C)(1) of section 3301.0711 of the	6205
Revised Code;	6206

(f) The numbers of students reported to the state board	6207
pursuant to division (C)(2) of section 3301.0711 of the Revised	6208
Code;	6209

(g) Attendance rates and the average daily attendance for the	6210
year. For purposes of this division, a student shall be counted as	6211
present for any field trip that is approved by the school	6212
administration.	6213

(h) Expulsion rates;

6214

(i) Suspension rates;

6215

(j) The percentage of students receiving corporal punishment;

6216

(k) Dropout rates;

6217

(l) Rates of retention in grade;

6218

(m) For pupils in grades nine through twelve, the average	6219
number of carnegie units, as calculated in accordance with state	6220
board of education rules;	6221

(n) Graduation rates, to be calculated in a manner specified	6222
by the department of education that reflects the rate at which	6223
students who were in the ninth grade three years prior to the	6224
current year complete school and that is consistent with	6225
nationally accepted reporting requirements;	6226

(o) Results of diagnostic assessments administered to	6227
kindergarten students as required under section 3301.0715 of the	6228
Revised Code to permit a comparison of the academic readiness of	6229
kindergarten students. However, no district shall be required to	6230
report to the department the results of any diagnostic assessment	6231
administered to a kindergarten student if the parent of that	6232
student requests the district not to report those results.	6233

(2) Personnel and classroom enrollment data for each school	6234
district, including:	6235

(a) The total numbers of licensed employees and nonlicensed	6236
employees and the numbers of full-time equivalent licensed	6237
employees and nonlicensed employees providing each category of	6238
instructional service, instructional support service, and	6239
administrative support service used pursuant to division (C)(3) of	6240
this section. The guidelines adopted under this section shall	6241
require these categories of data to be maintained for the school	6242
district as a whole and, wherever applicable, for each grade in	6243
the school district as a whole, for each school building as a	6244
whole, and for each grade in each school building.	6245

(b) The total number of employees and the number of full-time	6246
equivalent employees providing each category of service used	6247
pursuant to divisions (C)(4)(a) and (b) of this section, and the	6248
total numbers of licensed employees and nonlicensed employees and	6249
the numbers of full-time equivalent licensed employees and	6250
nonlicensed employees providing each category used pursuant to	6251
division (C)(4)(c) of this section. The guidelines adopted under	6252
this section shall require these categories of data to be	6253
maintained for the school district as a whole and, wherever	6254
applicable, for each grade in the school district as a whole, for	6255
each school building as a whole, and for each grade in each school	6256
building.	6257

(c) The total number of regular classroom teachers teaching	6258
classes of regular education and the average number of pupils	6259
enrolled in each such class, in each of grades kindergarten	6260
through five in the district as a whole and in each school	6261
building in the school district.	6262

(d) The number of master teachers employed by each school	6263
district and each school building, once a definition of master	6264
teacher has been developed by the educator standards board	6265
pursuant to section 3319.61 of the Revised Code.	6266

(3)(a) Student demographic data for each school district,	6267
including information regarding the gender ratio of the school	6268
district's pupils, the racial make-up of the school district's	6269
pupils, the number of limited English proficient students in the	6270
district, and an appropriate measure of the number of the school	6271
district's pupils who reside in economically disadvantaged	6272
households. The demographic data shall be collected in a manner to	6273
allow correlation with data collected under division (B)(1) of	6274
this section. Categories for data collected pursuant to division	6275
(B)(3) of this section shall conform, where appropriate, to	6276
standard practices of agencies of the federal government.	6277

(b) With respect to each student entering kindergarten,	6278
whether the student previously participated in a public preschool	6279
program, a private preschool program, or a head start program, and	6280
the number of years the student participated in each of these	6281
programs.	6282

(4) Any data required to be collected pursuant to federal	6283
law.	6284

(C) The education management information system shall include	6285
cost accounting data for each district as a whole and for each	6286
school building in each school district. The guidelines adopted	6287
under this section shall require the cost data for each school	6288
district to be maintained in a system of mutually exclusive cost	6289
units and shall require all of the costs of each school district	6290
to be divided among the cost units. The guidelines shall require	6291
the system of mutually exclusive cost units to include at least	6292
the following:	6293

(1) Administrative costs for the school district as a whole.	6294
The guidelines shall require the cost units under this division	6295
(C)(1) to be designed so that each of them may be compiled and	6296
reported in terms of average expenditure per pupil in formula ADM	6297
in the school district, as determined pursuant to section 3317.03	6298
of the Revised Code.	6299

(2) Administrative costs for each school building in the	6300
school district. The guidelines shall require the cost units under	6301
this division (C)(2) to be designed so that each of them may be	6302
compiled and reported in terms of average expenditure per	6303
full-time equivalent pupil receiving instructional or support	6304
services in each building.	6305

(3) Instructional services costs for each category of	6306
instructional service provided directly to students and required	6307
by guidelines adopted pursuant to division (B)(1)(a) of this	6308
section. The guidelines shall require the cost units under	6309
division (C)(3) of this section to be designed so that each of	6310
them may be compiled and reported in terms of average expenditure	6311
per pupil receiving the service in the school district as a whole	6312
and average expenditure per pupil receiving the service in each	6313
building in the school district and in terms of a total cost for	6314
each category of service and, as a breakdown of the total cost, a	6315
cost for each of the following components:	6316

(a) The cost of each instructional services category required	6317
by guidelines adopted under division (B)(1)(a) of this section	6318
that is provided directly to students by a classroom teacher;	6319

(b) The cost of the instructional support services, such as	6320
services provided by a speech-language pathologist, classroom	6321
aide, multimedia aide, or librarian, provided directly to students	6322
in conjunction with each instructional services category;	6323

(c) The cost of the administrative support services related	6324
to each instructional services category, such as the cost of	6325
personnel that develop the curriculum for the instructional	6326
services category and the cost of personnel supervising or	6327
coordinating the delivery of the instructional services category.	6328

(4) Support or extracurricular services costs for each	6329
category of service directly provided to students and required by	6330
guidelines adopted pursuant to division (B)(1)(b) of this section.	6331
The guidelines shall require the cost units under division (C)(4)	6332
of this section to be designed so that each of them may be	6333
compiled and reported in terms of average expenditure per pupil	6334
receiving the service in the school district as a whole and	6335
average expenditure per pupil receiving the service in each	6336
building in the school district and in terms of a total cost for	6337
each category of service and, as a breakdown of the total cost, a	6338
cost for each of the following components:	6339

(a) The cost of each support or extracurricular services	6340
category required by guidelines adopted under division (B)(1)(b)	6341
of this section that is provided directly to students by a	6342
licensed employee, such as services provided by a guidance	6343
counselor or any services provided by a licensed employee under a	6344
supplemental contract;	6345

(b) The cost of each such services category provided directly	6346
to students by a nonlicensed employee, such as janitorial	6347
services, cafeteria services, or services of a sports trainer;	6348

(c) The cost of the administrative services related to each	6349
services category in division (C)(4)(a) or (b) of this section,	6350
such as the cost of any licensed or nonlicensed employees that	6351
develop, supervise, coordinate, or otherwise are involved in	6352
administering or aiding the delivery of each services category.	6353

(D)(1) The guidelines adopted under this section shall	6354
require school districts to collect information about individual	6355
students, staff members, or both in connection with any data	6356
required by division (B) or (C) of this section or other reporting	6357
requirements established in the Revised Code. The guidelines may	6358
also require school districts to report information about	6359
individual staff members in connection with any data required by	6360
division (B) or (C) of this section or other reporting	6361
requirements established in the Revised Code. The guidelines shall	6362
not authorize school districts to request social security numbers	6363
of individual students. The guidelines shall prohibit the	6364
reporting under this section of a student's name, address, and	6365
social security number to the state board of education or the	6366
department of education. The guidelines shall also prohibit the	6367
reporting under this section of any personally identifiable	6368
information about any student, except for the purpose of assigning	6369
the data verification code required by division (D)(2) of this	6370
section, to any other person unless such person is employed by the	6371
school district or the information technology center operated	6372
under section 3301.075 of the Revised Code and is authorized by	6373
the district or technology center to have access to such	6374
information or is employed by an entity with which the department	6375
contracts for the scoring of tests administered under section	6376
3301.0711 or 3301.0712 of the Revised Code. The guidelines may	6377
require school districts to provide the social security numbers of	6378
individual staff members.	6379

(2) The guidelines shall provide for each school district or	6380
community school to assign a data verification code that is unique	6381
on a statewide basis over time to each student whose initial Ohio	6382
enrollment is in that district or school and to report all	6383
required individual student data for that student utilizing such	6384
code. The guidelines shall also provide for assigning data	6385
verification codes to all students enrolled in districts or	6386
community schools on the effective date of the guidelines	6387
established under this section.	6388

Individual student data shall be reported to the department	6389
through the information technology centers utilizing the code but,	6390
except as provided in ~~section~~sections 3310.11, 3310.42, 3313.978,	6391
and 3317.20 of the Revised Code, at no time shall the state board	6392
or the department have access to information that would enable any	6393
data verification code to be matched to personally identifiable	6394
student data.	6395

Each school district shall ensure that the data verification	6396
code is included in the student's records reported to any	6397
subsequent school district or community school in which the	6398
student enrolls. Any such subsequent district or school shall	6399
utilize the same identifier in its reporting of data under this	6400
section.	6401

The director of health shall request and receive, pursuant to	6402
sections 3301.0723 and 3701.62 of the Revised Code, a data	6403
verification code for a child who is receiving services under	6404
division (A)(2) of section 3701.61 of the Revised Code.	6405

(E) The guidelines adopted under this section may require	6406
school districts to collect and report data, information, or	6407
reports other than that described in divisions (A), (B), and (C)	6408
of this section for the purpose of complying with other reporting	6409
requirements established in the Revised Code. The other data,	6410
information, or reports may be maintained in the education	6411
management information system but are not required to be compiled	6412
as part of the profile formats required under division (G) of this	6413
section or the annual statewide report required under division (H)	6414
of this section.	6415

(F) Beginning with the school year that begins July 1, 1991,	6416
the board of education of each school district shall annually	6417
collect and report to the state board, in accordance with the	6418
guidelines established by the board, the data required pursuant to	6419
this section. A school district may collect and report these data	6420
notwithstanding section 2151.357 or 3319.321 of the Revised Code.	6421

(G) The state board shall, in accordance with the procedures	6422
it adopts, annually compile the data reported by each school	6423
district pursuant to division (D) of this section. The state board	6424
shall design formats for profiling each school district as a whole	6425
and each school building within each district and shall compile	6426
the data in accordance with these formats. These profile formats	6427
shall:	6428

(1) Include all of the data gathered under this section in a	6429
manner that facilitates comparison among school districts and	6430
among school buildings within each school district;	6431

(2) Present the data on academic achievement levels as	6432
assessed by the testing of student achievement maintained pursuant	6433
to division (B)(1)(d) of this section.	6434

(H)(1) The state board shall, in accordance with the	6435
procedures it adopts, annually prepare a statewide report for all	6436
school districts and the general public that includes the profile	6437
of each of the school districts developed pursuant to division (G)	6438
of this section. Copies of the report shall be sent to each school	6439
district.	6440

(2) The state board shall, in accordance with the procedures	6441
it adopts, annually prepare an individual report for each school	6442
district and the general public that includes the profiles of each	6443
of the school buildings in that school district developed pursuant	6444
to division (G) of this section. Copies of the report shall be	6445
sent to the superintendent of the district and to each member of	6446
the district board of education.	6447

(3) Copies of the reports received from the state board under	6448
divisions (H)(1) and (2) of this section shall be made available	6449
to the general public at each school district's offices. Each	6450
district board of education shall make copies of each report	6451
available to any person upon request and payment of a reasonable	6452
fee for the cost of reproducing the report. The board shall	6453
annually publish in a newspaper of general circulation in the	6454
school district, at least twice during the two weeks prior to the	6455
week in which the reports will first be available, a notice	6456
containing the address where the reports are available and the	6457
date on which the reports will be available.	6458

(I) Any data that is collected or maintained pursuant to this	6459
section and that identifies an individual pupil is not a public	6460
record for the purposes of section 149.43 of the Revised Code.	6461

(J) As used in this section:

6462

(1) "School district" means any city, local, exempted	6463
village, or joint vocational school district and, in accordance	6464
with section 3314.17 of the Revised Code, any community school. As	6465
used in division (L) of this section, "school district" also	6466
includes any educational service center or other educational	6467
entity required to submit data using the system established under	6468
this section.	6469

(2) "Cost" means any expenditure for operating expenses made	6470
by a school district excluding any expenditures for debt	6471
retirement except for payments made to any commercial lending	6472
institution for any loan approved pursuant to section 3313.483 of	6473
the Revised Code.	6474

(K) Any person who removes data from the information system	6475
established under this section for the purpose of releasing it to	6476
any person not entitled under law to have access to such	6477
information is subject to section 2913.42 of the Revised Code	6478
prohibiting tampering with data.	6479

(L)(1) In accordance with division (L)(2) of this section and	6480
the rules adopted under division (L)(10) of this section, the	6481
department of education may sanction any school district that	6482
reports incomplete or inaccurate data, reports data that does not	6483
conform to data requirements and descriptions published by the	6484
department, fails to report data in a timely manner, or otherwise	6485
does not make a good faith effort to report data as required by	6486
this section.	6487

(2) If the department decides to sanction a school district	6488
under this division, the department shall take the following	6489
sequential actions:	6490

(a) Notify the district in writing that the department has	6491
determined that data has not been reported as required under this	6492
section and require the district to review its data submission and	6493
submit corrected data by a deadline established by the department.	6494
The department also may require the district to develop a	6495
corrective action plan, which shall include provisions for the	6496
district to provide mandatory staff training on data reporting	6497
procedures.	6498

(b) Withhold up to ten per cent of the total amount of state	6499
funds due to the district for the current fiscal year and, if not	6500
previously required under division (L)(2)(a) of this section,	6501
require the district to develop a corrective action plan in	6502
accordance with that division;	6503

(c) Withhold an additional amount of up to twenty per cent of	6504
the total amount of state funds due to the district for the	6505
current fiscal year;	6506

(d) Direct department staff or an outside entity to	6507
investigate the district's data reporting practices and make	6508
recommendations for subsequent actions. The recommendations may	6509
include one or more of the following actions:	6510

(i) Arrange for an audit of the district's data reporting	6511
practices by department staff or an outside entity;	6512

(ii) Conduct a site visit and evaluation of the district;

6513

(iii) Withhold an additional amount of up to thirty per cent	6514
of the total amount of state funds due to the district for the	6515
current fiscal year;	6516

(iv) Continue monitoring the district's data reporting;

6517

(v) Assign department staff to supervise the district's data	6518
management system;	6519

(vi) Conduct an investigation to determine whether to suspend	6520
or revoke the license of any district employee in accordance with	6521
division (N) of this section;	6522

(vii) If the district is issued a report card under section	6523
3302.03 of the Revised Code, indicate on the report card that the	6524
district has been sanctioned for failing to report data as	6525
required by this section;	6526

(viii) If the district is issued a report card under section	6527
3302.03 of the Revised Code and incomplete or inaccurate data	6528
submitted by the district likely caused the district to receive a	6529
higher performance rating than it deserved under that section,	6530
issue a revised report card for the district;	6531

(ix) Any other action designed to correct the district's data	6532
reporting problems.	6533

(3) Any time the department takes an action against a school	6534
district under division (L)(2) of this section, the department	6535
shall make a report of the circumstances that prompted the action.	6536
The department shall send a copy of the report to the district	6537
superintendent or chief administrator and maintain a copy of the	6538
report in its files.	6539

(4) If any action taken under division (L)(2) of this section	6540
resolves a school district's data reporting problems to the	6541
department's satisfaction, the department shall not take any	6542
further actions described by that division. If the department	6543
withheld funds from the district under that division, the	6544
department may release those funds to the district, except that if	6545
the department withheld funding under division (L)(2)(c) of this	6546
section, the department shall not release the funds withheld under	6547
division (L)(2)(b) of this section and, if the department withheld	6548
funding under division (L)(2)(d) of this section, the department	6549
shall not release the funds withheld under division (L)(2)(b) or	6550
(c) of this section.	6551

(5) Notwithstanding anything in this section to the contrary,	6552
the department may use its own staff or an outside entity to	6553
conduct an audit of a school district's data reporting practices	6554
any time the department has reason to believe the district has not	6555
made a good faith effort to report data as required by this	6556
section. If any audit conducted by an outside entity under	6557
division (L)(2)(d)(i) or (5) of this section confirms that a	6558
district has not made a good faith effort to report data as	6559
required by this section, the district shall reimburse the	6560
department for the full cost of the audit. The department may	6561
withhold state funds due to the district for this purpose.	6562

(6) Prior to issuing a revised report card for a school	6563
district under division (L)(2)(d)(viii) of this section, the	6564
department may hold a hearing to provide the district with an	6565
opportunity to demonstrate that it made a good faith effort to	6566
report data as required by this section. The hearing shall be	6567
conducted by a referee appointed by the department. Based on the	6568
information provided in the hearing, the referee shall recommend	6569
whether the department should issue a revised report card for the	6570
district. If the referee affirms the department's contention that	6571
the district did not make a good faith effort to report data as	6572
required by this section, the district shall bear the full cost of	6573
conducting the hearing and of issuing any revised report card.	6574

(7) If the department determines that any inaccurate data	6575
reported under this section caused a school district to receive	6576
excess state funds in any fiscal year, the district shall	6577
reimburse the department an amount equal to the excess funds, in	6578
accordance with a payment schedule determined by the department.	6579
The department may withhold state funds due to the district for	6580
this purpose.	6581

(8) Any school district that has funds withheld under	6582
division (L)(2) of this section may appeal the withholding in	6583
accordance with Chapter 119. of the Revised Code.	6584

(9) In all cases of a disagreement between the department and	6585
a school district regarding the appropriateness of an action taken	6586
under division (L)(2) of this section, the burden of proof shall	6587
be on the district to demonstrate that it made a good faith effort	6588
to report data as required by this section.	6589

(10) The state board of education shall adopt rules under	6590
Chapter 119. of the Revised Code to implement division (L) of this	6591
section.	6592

(M) No information technology center or school district shall	6593
acquire, change, or update its student administration software	6594
package to manage and report data required to be reported to the	6595
department unless it converts to a student software package that	6596
is certified by the department.	6597

(N) The state board of education, in accordance with sections	6598
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	6599
license as defined under division (A) of section 3319.31 of the	6600
Revised Code that has been issued to any school district employee	6601
found to have willfully reported erroneous, inaccurate, or	6602
incomplete data to the education management information system.	6603

(O) No person shall release or maintain any information about	6604
any student in violation of this section. Whoever violates this	6605
division is guilty of a misdemeanor of the fourth degree.	6606

(P) The department shall disaggregate the data collected	6607
under division (B)(1)(o) of this section according to the race and	6608
socioeconomic status of the students assessed. No data collected	6609
under that division shall be included on the report cards required	6610
by section 3302.03 of the Revised Code.	6611

(Q) If the department cannot compile any of the information	6612
required by division (C)(5) of section 3302.03 of the Revised Code	6613
based upon the data collected under this section, the department	6614
shall develop a plan and a reasonable timeline for the collection	6615
of any data necessary to comply with that division.	6616

Sec. 3310.42. (A) Only for the purpose of administering the	6617
autism scholarship program, the department of education may	6618
request from any of the following entities the data verification	6619
code assigned under division (D)(2) of section 3301.0714 of the	6620
Revised Code to any child who is seeking a scholarship under the	6621
program:	6622

(1) The school district in which the child is entitled to	6623
attend school;	6624

(2) If applicable, the community school in which the child is	6625
enrolled;	6626

(3) The independent contractor engaged to create and maintain	6627
data verification codes.	6628

(B) Upon a request by the department under division (A) of	6629
this section for the data verification code of a child seeking a	6630
scholarship or a request by the child's parent for that code, the	6631
school district or community school shall submit that code to the	6632
department or parent in the manner specified by the department. If	6633
the child has not been assigned a code, because the child will be	6634
entering preschool or kindergarten during the school year for	6635
which the scholarship is sought, the district shall assign a code	6636
to that child and submit the code to the department or parent by a	6637
date specified by the department. If the district does not assign	6638
a code to the child by the specified date, the department shall	6639
assign a code to the child.	6640

The department annually shall submit to each school district	6641
the name and data verification code of each child residing in the	6642
district who is entering preschool or kindergarten, who has been	6643
awarded a scholarship under the program, and for whom the	6644
department has assigned a code under this division.	6645

(C) The department shall not release any data verification	6646
code that it receives under this section to any person except as	6647
provided by law.	6648

(D) Any document relative to the autism scholarship program	6649
that the department holds in its files that contains both a	6650
child's name or other personally identifiable information and the	6651
child's data verification code shall not be a public record under	6652
section 149.43 of the Revised Code.	6653

Sec. 3311.21. (A) In addition to the resolutions authorized	6654
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of	6655
the Revised Code, the board of education of a joint vocational or	6656
cooperative education school district by a vote of two-thirds of	6657
its full membership may at any time adopt a resolution declaring	6658
the necessity to levy a tax in excess of the ten-mill limitation	6659
for a period not to exceed ten years to provide funds for any one	6660
or more of the following purposes, which may be stated in the	6661
following manner in such resolution, the ballot, and the notice of	6662
election: purchasing a site or enlargement thereof and for the	6663
erection and equipment of buildings; for the purpose of enlarging,	6664
improving, or rebuilding thereof; for the purpose of providing for	6665
the current expenses of the joint vocational or cooperative school	6666
district; or for a continuing period for the purpose of providing	6667
for the current expenses of the joint vocational or cooperative	6668
education school district. The resolution shall specify the amount	6669
of the proposed rate and, if a renewal, whether the levy is to	6670
renew all, or a portion of, the existing levy, and shall specify	6671
the first year in which the levy will be imposed. If the levy	6672
provides for but is not limited to current expenses, the	6673
resolution shall apportion the annual rate of the levy between	6674
current expenses and the other purpose or purposes. Such	6675
apportionment may but need not be the same for each year of the	6676
levy, but the respective portions of the rate actually levied each	6677
year for current expenses and the other purpose or purposes shall	6678
be limited by such apportionment. The portion of any such rate	6679
actually levied for current expenses of a joint vocational or	6680
cooperative education school district shall be used in applying	6681
division (A) of section 3317.01 of the Revised Code. The portion	6682
of any such rate not apportioned to the current expenses of a	6683
joint vocational or cooperative education school district shall be	6684
used in applying division (B) of this section. On the adoption of	6685
such resolution, the joint vocational or cooperative education	6686
school district board of education shall certify the resolution to	6687
the board of elections of the county containing the most populous	6688
portion of the district, which board shall receive resolutions for	6689
filing and send them to the boards of elections of each county in	6690
which territory of the district is located, furnish all ballots	6691
for the election as provided in section 3505.071 of the Revised	6692
Code, and prepare the election notice; and the board of elections	6693
of each county in which the territory of such district is located	6694
shall make the other necessary arrangements for the submission of	6695
the question to the electors of the joint vocational or	6696
cooperative education school district at the next primary or	6697
general election occurring not less than seventy-five days after	6698
the resolution was received from the joint vocational or	6699
cooperative education school district board of education, or at a	6700
special election to be held at a time designated by the district	6701
board of education consistent with the requirements of section	6702
3501.01 of the Revised Code, which date shall not be earlier than	6703
seventy-five days after the adoption and certification of the	6704
resolution.	6705

The board of elections of the county or counties in which	6706
territory of the joint vocational or cooperative education school	6707
district is located shall cause to be published in one or more	6708
newspapers of general circulation in that district an	6709
advertisement of the proposed tax levy question together with a	6710
statement of the amount of the proposed levy once a week for two	6711
consecutive weeks, prior to the election at which the question is	6712
to appear on the ballot, and, if the board of elections operates	6713
and maintains a web site, the board also shall post a similar	6714
advertisement on its web site for thirty days prior to that	6715
election.	6716

If a majority of the electors voting on the question of	6717
levying such tax vote in favor of the levy, the joint vocational	6718
or cooperative education school district board of education shall	6719
annually make the levy within the district at the rate specified	6720
in the resolution and ballot or at any lesser rate, and the county	6721
auditor of each affected county shall annually place the levy on	6722
the tax list and duplicate of each school district in the county	6723
having territory in the joint vocational or cooperative education	6724
school district. The taxes realized from the levy shall be	6725
collected at the same time and in the same manner as other taxes	6726
on the duplicate, and the taxes, when collected, shall be paid to	6727
the treasurer of the joint vocational or cooperative education	6728
school district and deposited to a special fund, which shall be	6729
established by the joint vocational or cooperative education	6730
school district board of education for all revenue derived from	6731
any tax levied pursuant to this section and for the proceeds of	6732
anticipation notes which shall be deposited in such fund. After	6733
the approval of the levy, the joint vocational or cooperative	6734
education school district board of education may anticipate a	6735
fraction of the proceeds of the levy and from time to time, during	6736
the life of the levy, but in any year prior to the time when the	6737
tax collection from the levy so anticipated can be made for that	6738
year, issue anticipation notes in an amount not exceeding fifty	6739
per cent of the estimated proceeds of the levy to be collected in	6740
each year up to a period of five years after the date of the	6741
issuance of the notes, less an amount equal to the proceeds of the	6742
levy obligated for each year by the issuance of anticipation	6743
notes, provided that the total amount maturing in any one year	6744
shall not exceed fifty per cent of the anticipated proceeds of the	6745
levy for that year. Each issue of notes shall be sold as provided	6746
in Chapter 133. of the Revised Code, and shall, except for such	6747
limitation that the total amount of such notes maturing in any one	6748
year shall not exceed fifty per cent of the anticipated proceeds	6749
of the levy for that year, mature serially in substantially equal	6750
installments, during each year over a period not to exceed five	6751
years after their issuance.	6752

(B) Prior to the application of section 319.301 of the	6753
Revised Code, the rate of a levy that is limited to, or to the	6754
extent that it is apportioned to, purposes other than current	6755
expenses shall be reduced in the same proportion in which the	6756
district's total valuation increases during the life of the levy	6757
because of additions to such valuation that have resulted from	6758
improvements added to the tax list and duplicate.	6759

(C) The form of ballot cast at an election under division (A)	6760
of this section shall be as prescribed by section 5705.25 of the	6761
Revised Code.	6762

Sec. 3311.24. (A)(1) Except as provided in division (B) of	6763
this section, the board of education of a city, exempted village,	6764
or local school district shall file with the state board of	6765
education a proposal to transfer territory from such district to	6766
an adjoining city, exempted village, or local school district in	6767
any of the following circumstances:	6768

(a) The district board deems the transfer advisable and, if	6769
the portion of the district proposed to be transferred is five	6770
acres or more, the board has obtained written consent to the	6771
transfer from seventy-five per cent of the owners of parcels of	6772
real property on the tax duplicate within that portion of the	6773
district;	6774

(b) A petition, signed by seventy-five per cent of the	6775
qualified electors residing within that portion of a city,	6776
exempted village, or local school district proposed to be	6777
transferred voting at the last general election, requests such a	6778
transfer;	6779

(c) If no qualified electors reside in that portion of the	6780
district proposed to be transferred, a petition, signed by	6781
seventy-five per cent of the owners of parcels of real property on	6782
the tax duplicate within that portion of the district, requests	6783
such a transfer.	6784

(2) The board of education of the district in which such	6785
proposal originates shall file such proposal, together with a map	6786
showing the boundaries of the territory proposed to be	6787
transferred, with the state board of education prior to the first	6788
day of April in any even-numbered year. The state board of	6789
education may, if it is advisable, provide for a hearing in any	6790
suitable place in any of the school districts affected by such	6791
proposed transfer of territory. The state board of education or	6792
its representatives shall preside at any such hearing.	6793

(3) A board of education of a city, exempted village, or	6794
local school district that receives a petition of transfer signed	6795
by electors of the district under division (A)(1)(b) of this	6796
section shall cause the board of elections to check the	6797
sufficiency of signatures on the petition. A board of education of	6798
a city, exempted village, or local school district that receives	6799
written consent or a petition of transfer signed by owners of	6800
parcels of real property under division (A)(1)(a) or (c) of this	6801
section shall cause the county auditor to check the sufficiency	6802
of signatures on the consent or petition.	6803

(4) Not later than the first day of September the state board	6804
of education shall either approve or disapprove a proposed	6805
transfer of territory filed with it as provided by this section	6806
and shall notify, in writing, the boards of education of the	6807
districts affected by such proposed transfer of territory of its	6808
decision.	6809

If the decision of the state board of education is an	6810
approval of the proposed transfer of territory then the board of	6811
education of the district in which the territory is located shall,	6812
within thirty days after receiving the state board of education's	6813
decision, adopt a resolution transferring the territory and shall	6814
forthwith submit a copy of such resolution to the treasurer of the	6815
board of education of the city, exempted village, or local school	6816
district to which the territory is transferred. Such transfer	6817
shall not be complete however, until:	6818

(a) A resolution accepting the transfer has been passed by a	6819
majority vote of the full membership of the board of education of	6820
the city, exempted village, or local school district to which the	6821
territory is transferred;	6822

(b) An equitable division of the funds and indebtedness	6823
between the districts involved has been made by the board of	6824
education making the transfer;	6825

(c) A map showing the boundaries of the territory transferred	6826
has been filed, by the board of education accepting the transfer,	6827
with the county auditor of each county affected by the transfer.	6828

When such transfer is complete the legal title of the school	6829
property in the territory transferred shall be vested in the board	6830
of education or governing board of the school district to which	6831
the territory is transferred.	6832

(B) Whenever the transfer of territory pursuant to this	6833
section is initiated by a board of education, the board shall,	6834
before filing a proposal for transfer with the state board of	6835
education under this section, make a good faith effort to	6836
negotiate the terms of transfer with any other school district	6837
whose territory would be affected by the transfer. Before the	6838
state board may hold a hearing on the transfer, or approve or	6839
disapprove any such transfer, it must receive the following:	6840

(1) A resolution requesting approval of the transfer, passed	6841
by the school district submitting the proposal and, if applicable,	6842
evidence of the consent of affected property owners to the	6843
transfer;	6844

(2) Evidence determined to be sufficient by the state board	6845
to show that good faith negotiations have taken place or that the	6846
district requesting the transfer has made a good faith effort to	6847
hold such negotiations;	6848

(3) If any negotiations took place, a statement signed by all	6849
boards that participated in the negotiations, listing the terms	6850
agreed on and the points on which no agreement could be reached.	6851

Negotiations held pursuant to this section shall be governed	6852
by the rules adopted by the state board under division (D) of	6853
section 3311.06 of the Revised Code. Districts involved in a	6854
transfer under division (B) of this section may agree to share	6855
revenues from the property included in the territory to be	6856
transferred, establish cooperative programs between the	6857
participating districts, and establish mechanisms for the	6858
settlement of any future boundary disputes.	6859

Sec. 3313.842. (A) The boards of education of any two or	6860
more school districts may enter into an agreement for joint or	6861
cooperative establishment and operation of any educational program	6862
including any class, course, or program that may be included in a	6863
school district's graded course of study and staff development	6864
programs for teaching and nonteaching school employees. Each	6865
school district that is party to such an agreement may contribute	6866
funds of the district in support of the agreement and for the	6867
establishment and operation of any educational program established	6868
under the agreement. The agreement shall designate one of the	6869
districts as the district responsible for receiving and disbursing	6870
the funds contributed by the districts that are parties to the	6871
agreement.	6872

(B) Notwithstanding sections 3313.48 and 3313.64 of the	6873
Revised Code, any district that is party to an agreement for joint	6874
or cooperative establishment and operation of an educational	6875
program may charge fees or tuition for students who participate in	6876
the program and are entitled to attend school in the district	6877
under section 3313.64 or 3313.65 of the Revised Code.	6878

Sec. 3313.978. (A) Annually by the first day of November,	6879
the superintendent of public instruction shall notify the pilot	6880
project school district of the number of initial scholarships that	6881
the state superintendent will be awarding in each of grades	6882
kindergarten through eight.	6883

The state superintendent shall provide information about the	6884
scholarship program to all students residing in the district,	6885
shall accept applications from any such students until such date	6886
as shall be established by the state superintendent as a deadline	6887
for applications, and shall establish criteria for the selection	6888
of students to receive scholarships from among all those applying	6889
prior to the deadline, which criteria shall give preference to	6890
students from low-income families. For each student selected, the	6891
state superintendent shall also determine whether the student	6892
qualifies for seventy-five or ninety per cent of the scholarship	6893
amount. Students whose family income is at or above two hundred	6894
per cent of the maximum income level established by the state	6895
superintendent for low-income families shall qualify for	6896
seventy-five per cent of the scholarship amount and students whose	6897
family income is below two hundred per cent of that maximum income	6898
level shall qualify for ninety per cent of the scholarship amount.	6899
The state superintendent shall notify students of their selection	6900
prior to the fifteenth day of January and whether they qualify for	6901
seventy-five or ninety per cent of the scholarship amount.	6902

(1) A student receiving a pilot project scholarship may	6903
utilize it at an alternative public school by notifying the	6904
district superintendent, at any time before the beginning of the	6905
school year, of the name of the public school in an adjacent	6906
school district to which the student has been accepted pursuant to	6907
section 3327.06 of the Revised Code.	6908

(2) A student may decide to utilize a pilot project	6909
scholarship at a registered private school in the district if all	6910
of the following conditions are met:	6911

(a) By the fifteenth day of February of the preceding school	6912
year, or at any time prior to the start of the school year, the	6913
parent makes an application on behalf of the student to a	6914
registered private school.	6915

(b) The registered private school notifies the parent and the	6916
state superintendent as follows that the student has been	6917
admitted:	6918

(i) By the fifteenth day of March of the preceding school	6919
year if the student filed an application by the fifteenth day of	6920
February and was admitted by the school pursuant to division (A)	6921
of section 3313.977 of the Revised Code;	6922

(ii) Within one week of the decision to admit the student if	6923
the student is admitted pursuant to division (C) of section	6924
3313.977 of the Revised Code.	6925

(c) The student actually enrolls in the registered private	6926
school to which the student was first admitted or in another	6927
registered private school in the district or in a public school in	6928
an adjacent school district.	6929

(B) The state superintendent shall also award in any school	6930
year tutorial assistance grants to a number of students equal to	6931
the number of students who receive scholarships under division (A)	6932
of this section. Tutorial assistance grants shall be awarded	6933
solely to students who are enrolled in the public schools of the	6934
district in a grade level covered by the pilot project. Tutorial	6935
assistance grants may be used solely to obtain tutorial assistance	6936
from a provider approved pursuant to division (D) of section	6937
3313.976 of the Revised Code.	6938

All students wishing to obtain tutorial assistance grants	6939
shall make application to the state superintendent by the first	6940
day of the school year in which the assistance will be used. The	6941
state superintendent shall award assistance grants in accordance	6942
with criteria the superintendent shall establish. For each student	6943
awarded a grant, the state superintendent shall also determine	6944
whether the student qualifies for seventy-five or ninety per cent	6945
of the grant amount and so notify the student. Students whose	6946
family income is at or above two hundred per cent of the maximum	6947
income level established by the state superintendent for	6948
low-income families shall qualify for seventy-five per cent of the	6949
grant amount and students whose family income is below two hundred	6950
per cent of that maximum income level shall qualify for ninety per	6951
cent of the grant amount.	6952

(C)(1) In the case of basic scholarships for students in	6953
grades kindergarten through eight, the scholarship amount shall	6954
not exceed the lesser of the tuition charges of the alternative	6955
school the scholarship recipient attends or three thousand	6956
dollars before fiscal year 2007 and three thousand four hundred	6957
fifty dollars in fiscal year 2007 and thereafter.	6958

In the case of basic scholarships for students in grades nine	6959
through twelve, the scholarship amount shall not exceed the lesser	6960
of the tuition charges of the alternative school the scholarship	6961
recipient attends or two thousand seven hundred dollars before	6962
fiscal year 2007 and three thousand four hundred fifty dollars in	6963
fiscal year 2007 and thereafter.	6964

(2) The state superintendent shall provide for an increase in	6965
the basic scholarship amount in the case of any student who is a	6966
mainstreamed student with a disability and shall further increase	6967
such amount in the case of any separately educated student with a	6968
disability. Such increases shall take into account the	6969
instruction, related services, and transportation costs of	6970
educating such students.	6971

(3) In the case of tutorial assistance grants, the grant	6972
amount shall not exceed the lesser of the provider's actual	6973
charges for such assistance or:	6974

(a) Before fiscal year 2007, a percentage established by the	6975
state superintendent, not to exceed twenty per cent, of the amount	6976
of the pilot project school district's average basic scholarship	6977
amount;	6978

(b) In fiscal year 2007 and thereafter, four hundred dollars.

6979

(4) No scholarship or tutorial assistance grant shall be	6980
awarded unless the state superintendent determines that	6981
twenty-five or ten per cent, as applicable, of the amount	6982
specified for such scholarship or grant pursuant to division	6983
(C)(1), (2), or (3) of this section will be furnished by a	6984
political subdivision, a private nonprofit or for profit entity,	6985
or another person. Only seventy-five or ninety per cent of such	6986
amounts, as applicable, shall be paid from state funds pursuant to	6987
section 3313.979 of the Revised Code.	6988

(D)(1) Annually by the first day of November, the state	6989
superintendent shall estimate the maximum per-pupil scholarship	6990
amounts for the ensuing school year. The state superintendent	6991
shall make this estimate available to the general public at the	6992
offices of the district board of education together with the forms	6993
required by division (D)(2) of this section.	6994

(2) Annually by the fifteenth day of January, the chief	6995
administrator of each registered private school located in the	6996
pilot project district and the principal of each public school in	6997
such district shall complete a parental information form and	6998
forward it to the president of the board of education. The	6999
parental information form shall be prescribed by the department of	7000
education and shall provide information about the grade levels	7001
offered, the numbers of students, tuition amounts, achievement	7002
test results, and any sectarian or other organizational	7003
affiliations.	7004

(E)(1) Only for the purpose of administering the pilot	7005
project scholarship program, the department may request from any	7006
of the following entities the data verification code assigned	7007
under division (D)(2) of section 3301.0714 of the Revised Code to	7008
any student who is seeking a scholarship under the program:	7009

(a) The school district in which the student is entitled to	7010
attend school under section 3313.64 or 3313.65 of the Revised	7011
Code;	7012

(b) If applicable, the community school in which the student	7013
is enrolled;	7014

(c) The independent contractor engaged to create and maintain	7015
data verification codes.	7016

(2) Upon a request by the department under division (E)(1) of	7017
this section for the data verification code of a student seeking a	7018
scholarship or a request by the student's parent for that code,	7019
the school district or community school shall submit that code to	7020
the department or parent in the manner specified by the	7021
department. If the student has not been assigned a code, because	7022
the student will be entering kindergarten during the school year	7023
for which the scholarship is sought, the district shall assign a	7024
code to that student and submit the code to the department or	7025
parent by a date specified by the department. If the district does	7026
not assign a code to the student by the specified date, the	7027
department shall assign a code to the student.	7028

The department annually shall submit to each school district	7029
the name and data verification code of each student residing in	7030
the district who is entering kindergarten, who has been awarded a	7031
scholarship under the program, and for whom the department has	7032
assigned a code under this division.	7033

(3) The department shall not release any data verification	7034
code that it receives under division (E) of this section to any	7035
person except as provided by law.	7036

(F) Any document relative to the pilot project scholarship	7037
program that the department holds in its files that contains both	7038
a student's name or other personally identifiable information and	7039
the student's data verification code shall not be a public record	7040
under section 149.43 of the Revised Code.	7041

Sec. 3314.016. (A) After June 30, 2007, a new start-up	7042
school may be established under this chapter only if the school's	7043
governing authority enters into a contract with an operator that	7044
manages other schools in the United States that perform at a level	7045
higher than academic watch. The governing authority of the	7046
community school may sign a contract with an operator only if the	7047
operator has fewer contracts with the governing authorities of new	7048
start-up schools established under this chapter after June 30,	7049
2007, than the number of schools managed by the operator in the	7050
United States that perform at a level higher than academic watch,	7051
as determined by the department of education.	7052

(B) Notwithstanding division (A) of this section, the	7053
governing authority of a start-up school sponsored by an entity	7054
described in divisions (C)(1)(b) to (f) of section 3314.02 of the	7055
Revised Code may establish one additional school serving the same	7056
grade levels and providing the same educational program as the	7057
current start-up school and may open that additional school in the	7058
2007-2008 school year, if both of the following conditions are	7059
met:	7060

(1) The governing authority entered into another contract	7061
with the same sponsor or a different sponsor described in	7062
divisions (C)(1)(b) to (f) of section 3314.02 of the Revised Code	7063
and filed a copy of that contract with the superintendent of	7064
public instruction prior to March 15, 2006.	7065

(2) The governing authority's current school satisfies all of	7066
the following conditions:	7067

(a) The school currently is rated as excellent or effective	7068
pursuant to section 3302.03 of the Revised Code.	7069

(b) The school made adequate yearly progress, as defined in	7070
section 3302.01 of the Revised Code, for the previous school year.	7071

(c) The school has been in operation for at least four school	7072
years.	7073

(d) The school is not managed by an operator.

7074

(C) Notwithstanding division (A) of this section, the	7075
governing authority of a start-up school sponsored by the big	7076
eight school district in which the school is located may establish	7077
one additional start-up school that is located in the same school	7078
district and that provides a general educational program to	7079
students in any or all of grades kindergarten through five to	7080
facilitate their transition to the current start-up school, and	7081
may open the additional start-up school in the 2009-2010 school	7082
year, if both of the following conditions are met:	7083

(1) The governing authority enters into another contract with	7084
the same sponsor and files a copy of the contract with the	7085
superintendent of public instruction prior to March 15, 2009.	7086

(2) The governing authority's current school satisfies all of	7087
the following conditions:	7088

(a) The school provided instruction to students for eleven	7089
months in the previous school year.	7090

(b) The school has been in operation for at least two school	7091
years.	7092

(c) The school qualified to be rated in need of continuous	7093
improvement or higher pursuant to section 3302.03 of the Revised	7094
Code for its first school year of operation, even though the	7095
department of education did not issue a report card for the	7096
school for that school year.	7097

Sec. 3314.02. (A) As used in this chapter:

7098

(1) "Sponsor" means an entity listed in division (C)(1) of	7099
this section, which has been approved by the department of	7100
education to sponsor community schools and with which the	7101
governing authority of the proposed community school enters into a	7102
contract pursuant to this section.	7103

(2) "Pilot project area" means the school districts included	7104
in the territory of the former community school pilot project	7105
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	7106
the 122nd general assembly.	7107

(3) "Challenged school district" means any of the following:

7108

(a) A school district that is part of the pilot project area;

7109

(b) A school district that is either in a state of academic	7110
emergency or in a state of academic watch under section 3302.03 of	7111
the Revised Code;	7112

7113

(4) "Big eight school district" means a school district that	7114
for fiscal year 1997 had both of the following:	7115

(a) A percentage of children residing in the district and	7116
participating in the predecessor of Ohio works first greater than	7117
thirty per cent, as reported pursuant to section 3317.10 of the	7118
Revised Code;	7119

(b) An average daily membership greater than twelve thousand,	7120
as reported pursuant to former division (A) of section 3317.03 of	7121
the Revised Code.	7122

(5) "New start-up school" means a community school other than	7123
one created by converting all or part of an existing public school	7124
or educational service center building, as designated in the	7125
school's contract pursuant to division (A)(17) of section 3314.03	7126
of the Revised Code.	7127

(6) "Urban school district" means one of the state's	7128
twenty-one urban school districts as defined in division (O) of	7129
section 3317.02 of the Revised Code as that section existed prior	7130
to July 1, 1998.	7131

(7) "Internet- or computer-based community school" means a	7132
community school established under this chapter in which the	7133
enrolled students work primarily from their residences on	7134
assignments in nonclassroom-based learning opportunities provided	7135
via an internet- or other computer-based instructional method that	7136
does not rely on regular classroom instruction or via	7137
comprehensive instructional methods that include internet-based,	7138
other computer-based, and noncomputer-based learning	7139
opportunities.	7140

(B) Any person or group of individuals may initially propose	7141
under this division the conversion of all or a portion of a public	7142
school or a building operated by an educational service center to	7143
a community school. The proposal shall be made to the board of	7144
education of the city, local, or exempted village school district	7145
in which the public school is proposed to be converted or, in the	7146
case of the conversion of a building operated by an educational	7147
service center, to the governing board of the service center. Upon	7148
receipt of a proposal, a board may enter into a preliminary	7149
agreement with the person or group proposing the conversion of the	7150
public school or service center building, indicating the intention	7151
of the board ~~of education~~ to support the conversion to a	7152
community school. A proposing person or group that has a	7153
preliminary agreement under this division may proceed to finalize	7154
plans for the school, establish a governing authority for the	7155
school, and negotiate a contract with the board ~~of education~~.	7156
Provided the proposing person or group adheres to the preliminary	7157
agreement and all provisions of this chapter, the board of	7158
~~education~~ shall negotiate in good faith to enter into a contract	7159
in accordance with section 3314.03 of the Revised Code and	7160
division (C) of this section.	7161

(C)(1) Any person or group of individuals may propose under	7162
this division the establishment of a new start-up school to be	7163
located in a challenged school district. The proposal may be made	7164
to any of the following entities:	7165

(a) The board of education of the district in which the	7166
school is proposed to be located;	7167

(b) The board of education of any joint vocational school	7168
district with territory in the county in which is located the	7169
majority of the territory of the district in which the school is	7170
proposed to be located;	7171

(c) The board of education of any other city, local, or	7172
exempted village school district having territory in the same	7173
county where the district in which the school is proposed to be	7174
located has the major portion of its territory;	7175

(d) The governing board of any educational service center, as	7176
long as the proposed school will be located in a county within the	7177
territory of the service center or in a county contiguous to such	7178
county;	7179

(e) A sponsoring authority designated by the board of	7180
trustees of any of the thirteen state universities listed in	7181
section 3345.011 of the Revised Code or the board of trustees	7182
itself as long as a mission of the proposed school to be specified	7183
in the contract under division (A)(2) of section 3314.03 of the	7184
Revised Code and as approved by the department of education under	7185
division (B)(2) of section 3314.015 of the Revised Code will be	7186
the practical demonstration of teaching methods, educational	7187
technology, or other teaching practices that are included in the	7188
curriculum of the university's teacher preparation program	7189
approved by the state board of education;	7190

(f) Any qualified tax-exempt entity under section 501(c)(3)	7191
of the Internal Revenue Code as long as all of the following	7192
conditions are satisfied:	7193

(i) The entity has been in operation for at least five years	7194
prior to applying to be a community school sponsor.	7195

(ii) The entity has assets of at least five hundred thousand	7196
dollars and a demonstrated record of financial responsibility.	7197

(iii) The department of education has determined that the	7198
entity is an education-oriented entity under division (B)(3) of	7199
section 3314.015 of the Revised Code and the entity has a	7200
demonstrated record of successful implementation of educational	7201
programs.	7202

(iv) The entity is not a community school.

7203

Any entity described in division (C)(1) of this section may	7204
enter into a preliminary agreement pursuant to division (C)(2) of	7205
this section with the proposing person or group.	7206

(2) A preliminary agreement indicates the intention of an	7207
entity described in division (C)(1) of this section to sponsor the	7208
community school. A proposing person or group that has such a	7209
preliminary agreement may proceed to finalize plans for the	7210
school, establish a governing authority as described in division	7211
(E) of this section for the school, and negotiate a contract with	7212
the entity. Provided the proposing person or group adheres to the	7213
preliminary agreement and all provisions of this chapter, the	7214
entity shall negotiate in good faith to enter into a contract in	7215
accordance with section 3314.03 of the Revised Code.	7216

(3) A new start-up school that is established in a school	7217
district while that district is either in a state of academic	7218
emergency or in a state of academic watch under section 3302.03 of	7219
the Revised Code may continue in existence once the school	7220
district is no longer in a state of academic emergency or academic	7221
watch, provided there is a valid contract between the school and a	7222
sponsor.	7223

(4) A copy of every preliminary agreement entered into under	7224
this division shall be filed with the superintendent of public	7225
instruction.	7226

(D) A majority vote of the board of a sponsoring entity and a	7227
majority vote of the members of the governing authority of a	7228
community school shall be required to adopt a contract and convert	7229
the public school or educational service center building to a	7230
community school or establish the new start-up school. Beginning	7231
September 29, 2005, adoption of the contract shall occur not	7232
later than the fifteenth day of March, and signing of the	7233
contract shall occur not later than the fifteenth day of May,	7234
prior to the school year in which the school will open. The	7235
governing authority shall notify the department of education when	7236
the contract has been signed. Subject to sections 3314.013,	7237
3314.014, 3314.016, and 3314.017 of the Revised Code, an	7238
unlimited number of community schools may be established in any	7239
school district provided that a contract is entered into for each	7240
community school pursuant to this chapter.	7241

(E)(1) As used in this division, "immediate relatives" are	7242
limited to spouses, children, parents, grandparents, siblings, and	7243
in-laws.	7244

Each new start-up community school established under this	7245
chapter shall be under the direction of a governing authority	7246
which shall consist of a board of not less than five individuals.	7247

No person shall serve on the governing authority or operate	7248
the community school under contract with the governing authority	7249
so long as the person owes the state any money or is in a dispute	7250
over whether the person owes the state any money concerning the	7251
operation of a community school that has closed.	7252

(2) No person shall serve on the governing authorities of	7253
more than two start-up community schools at the same time.	7254

(3) No present or former member, or immediate relative of a	7255
present or former member, of the governing authority of any	7256
community school established under this chapter shall be an owner,	7257
employee, or consultant of any nonprofit or for-profit operator of	7258
a community school, unless at least one year has elapsed since the	7259
conclusion of the person's membership.	7260

(F) ~~Nothing in this chapter shall be construed to permit the~~	7261
~~establishment of a community school in more than one school~~	7262
~~district under the same contract.~~	7263

~~(G)~~(1) A new start-up school that is established prior to	7264
August 15, 2003, in an urban school district that is not also a	7265
big-eight school district may continue to operate after that date	7266
and the contract between the school's governing authority and the	7267
school's sponsor may be renewed, as provided under this chapter,	7268
after that date, but no additional new start-up schools may be	7269
established in such a district unless the district is a challenged	7270
school district as defined in this section as it exists on and	7271
after that date.	7272

(2) A community school that was established prior to June	7273
29, 1999, and is located in a county contiguous to the pilot	7274
project area and in a school district that is not a challenged	7275
school district may continue to operate after that date, provided	7276
the school complies with all provisions of this chapter. The	7277
contract between the school's governing authority and the	7278
school's sponsor may be renewed, but no additional start-up	7279
community school may be established in that district unless the	7280
district is a challenged school district.	7281

(3) Any educational service center that, on ~~the effective~~	7282
~~date of this amendment~~June 30, 2007, sponsors a community school	7283
that is not located in a county within the territory of the	7284
service center or in a county contiguous to such county may	7285
continue to sponsor that community school on and after ~~the~~	7286
~~effective date of this amendment~~June 30, 2007, and may renew its	7287
contract with the school. However, the educational service center	7288
shall not enter into a contract with any additional community	7289
school unless the school is located in a county within the	7290
territory of the service center or in a county contiguous to such	7291
county.	7292

Sec. 3314.03. A copy of every contract entered into under	7293
this section shall be filed with the superintendent of public	7294
instruction.	7295

(A) Each contract entered into between a sponsor and the	7296
governing authority of a community school shall specify the	7297
following:	7298

(1) That the school shall be established as either of the	7299
following:	7300

(a) A nonprofit corporation established under Chapter 1702.	7301
of the Revised Code, if established prior to April 8, 2003;	7302

(b) A public benefit corporation established under Chapter	7303
1702. of the Revised Code, if established after April 8, 2003;	7304

(2) The education program of the school, including the	7305
school's mission, the characteristics of the students the school	7306
is expected to attract, the ages and grades of students, and the	7307
focus of the curriculum;	7308

(3) The academic goals to be achieved and the method of	7309
measurement that will be used to determine progress toward those	7310
goals, which shall include the statewide achievement tests;	7311

(4) Performance standards by which the success of the school	7312
will be evaluated by the sponsor;	7313

(5) The admission standards of section 3314.06 of the Revised	7314
Code and, if applicable, section 3314.061 of the Revised Code;	7315

(6)(a) Dismissal procedures;

7316

(b) A requirement that the governing authority adopt an	7317
attendance policy that includes a procedure for automatically	7318
withdrawing a student from the school if the student without a	7319
legitimate excuse fails to participate in one hundred five	7320
consecutive hours of the learning opportunities offered to the	7321
student.	7322

(7) The ways by which the school will achieve racial and	7323
ethnic balance reflective of the community it serves;	7324

(8) Requirements for financial audits by the auditor of	7325
state. The contract shall require financial records of the school	7326
to be maintained in the same manner as are financial records of	7327
school districts, pursuant to rules of the auditor of state, and	7328
the audits shall be conducted in accordance with section 117.10 of	7329
the Revised Code.	7330

(9) The facilities to be used and their locations;

7331

(10) Qualifications of teachers, including a requirement that	7332
the school's classroom teachers be licensed in accordance with	7333
sections 3319.22 to 3319.31 of the Revised Code, except that a	7334
community school may engage noncertificated persons to teach up to	7335
twelve hours per week pursuant to section 3319.301 of the Revised	7336
Code;	7337

(11) That the school will comply with the following	7338
requirements:	7339

(a) The school will provide learning opportunities to a	7340
minimum of twenty-five students for a minimum of nine hundred	7341
twenty hours per school year;	7342

(b) The governing authority will purchase liability	7343
insurance, or otherwise provide for the potential liability of the	7344
school;	7345

(c) The school will be nonsectarian in its programs,	7346
admission policies, employment practices, and all other	7347
operations, and will not be operated by a sectarian school or	7348
religious institution;	7349

(d) The school will comply with sections 9.90, 9.91, 109.65,	7350
121.22, 149.43, 2151.357, 2151.421, 2313.18, 3301.0710, 3301.0711,	7351
3301.0712, 3301.0715, 3313.472, 3313.50, 3313.536, 3313.608,	7352
3313.6012, 3313.6013, 3313.6014, 3313.643, 3313.648, 3313.66,	7353
3313.661, 3313.662, 3313.666, 3313.667, 3313.67, 3313.671,	7354
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.80,	7355
3313.96, 3319.073, 3319.313, 3319.314, 3319.315, 3319.321,	7356
3319.39, 3319.391, 3321.01, 3321.13, 3321.14, 3321.17, 3321.18,	7357
3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and 5705.391 and	7358
Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141.,	7359
and 4167. of the Revised Code as if it were a school district and	7360
will comply with section 3301.0714 of the Revised Code in the	7361
manner specified in section 3314.17 of the Revised Code;	7362

(e) The school shall comply with Chapter 102. and section	7363
2921.42 of the Revised Code;	7364

(f) The school will comply with sections 3313.61, 3313.611,	7365
and 3313.614 of the Revised Code, except that for students who	7366
enter ninth grade for the first time before July 1, 2010, the	7367
requirement in sections 3313.61 and 3313.611 of the Revised Code	7368
that a person must successfully complete the curriculum in any	7369
high school prior to receiving a high school diploma may be met by	7370
completing the curriculum adopted by the governing authority of	7371
the community school rather than the curriculum specified in Title	7372
XXXIII of the Revised Code or any rules of the state board of	7373
education. Beginning with students who enter ninth grade for the	7374
first time on or after July 1, 2010, the requirement in sections	7375
3313.61 and 3313.611 of the Revised Code that a person must	7376
successfully complete the curriculum of a high school prior to	7377
receiving a high school diploma shall be met by completing the	7378
Ohio core curriculum prescribed in division (C) of section	7379
3313.603 of the Revised Code, unless the person qualifies under	7380
division (D) or (F) of that section. Each school shall comply with	7381
the plan for awarding high school credit based on demonstration of	7382
subject area competency, adopted by the state board of education	7383
under division (J) of section 3313.603 of the Revised Code.	7384

(g) The school governing authority will submit within four	7385
months after the end of each school year a report of its	7386
activities and progress in meeting the goals and standards of	7387
divisions (A)(3) and (4) of this section and its financial status	7388
to the sponsor and the parents of all students enrolled in the	7389
school.	7390

(h) The school, unless it is an internet- or computer-based	7391
community school, will comply with section 3313.801 of the Revised	7392
Code as if it were a school district.	7393

(12) Arrangements for providing health and other benefits to	7394
employees;	7395

(13) The length of the contract, which shall begin at the	7396
beginning of an academic year. No contract shall exceed five years	7397
unless such contract has been renewed pursuant to division (E) of	7398
this section.	7399

(14) The governing authority of the school, which shall be	7400
responsible for carrying out the provisions of the contract;	7401

(15) A financial plan detailing an estimated school budget	7402
for each year of the period of the contract and specifying the	7403
total estimated per pupil expenditure amount for each such year.	7404
The plan shall specify for each year the base formula amount that	7405
will be used for purposes of funding calculations under section	7406
3314.08 of the Revised Code. This base formula amount for any year	7407
shall not exceed the formula amount defined under section 3317.02	7408
of the Revised Code. The plan may also specify for any year a	7409
percentage figure to be used for reducing the per pupil amount of	7410
the subsidy calculated pursuant to section 3317.029 of the Revised	7411
Code the school is to receive that year under section 3314.08 of	7412
the Revised Code.	7413

(16) Requirements and procedures regarding the disposition of	7414
employees of the school in the event the contract is terminated or	7415
not renewed pursuant to section 3314.07 of the Revised Code;	7416

(17) Whether the school is to be created by converting all or	7417
part of an existing public school or educational service center	7418
building or is to be a new start-up school, and if it is a	7419
converted public school or service center building, specification	7420
of any duties or responsibilities of an employer that the board of	7421
education or service center governing board that operated the	7422
school or building before conversion is delegating to the	7423
governing ~~board~~authority of the community school with respect to	7424
all or any specified group of employees provided the delegation is	7425
not prohibited by a collective bargaining agreement applicable to	7426
such employees;	7427

(18) Provisions establishing procedures for resolving	7428
disputes or differences of opinion between the sponsor and the	7429
governing authority of the community school;	7430

(19) A provision requiring the governing authority to adopt a	7431
policy regarding the admission of students who reside outside the	7432
district in which the school is located. That policy shall comply	7433
with the admissions procedures specified in sections 3314.06 and	7434
3314.061 of the Revised Code and, at the sole discretion of the	7435
authority, shall do one of the following:	7436

(a) Prohibit the enrollment of students who reside outside	7437
the district in which the school is located;	7438

(b) Permit the enrollment of students who reside in districts	7439
adjacent to the district in which the school is located;	7440

(c) Permit the enrollment of students who reside in any other	7441
district in the state.	7442

(20) A provision recognizing the authority of the department	7443
of education to take over the sponsorship of the school in	7444
accordance with the provisions of division (C) of section 3314.015	7445
of the Revised Code;	7446

(21) A provision recognizing the sponsor's authority to	7447
assume the operation of a school under the conditions specified in	7448
division (B) of section 3314.073 of the Revised Code;	7449

(22) A provision recognizing both of the following:

7450

(a) The authority of public health and safety officials to	7451
inspect the facilities of the school and to order the facilities	7452
closed if those officials find that the facilities are not in	7453
compliance with health and safety laws and regulations;	7454

(b) The authority of the department of education as the	7455
community school oversight body to suspend the operation of the	7456
school under section 3314.072 of the Revised Code if the	7457
department has evidence of conditions or violations of law at the	7458
school that pose an imminent danger to the health and safety of	7459
the school's students and employees and the sponsor refuses to	7460
take such action;	7461

(23) A description of the learning opportunities that will be	7462
offered to students including both classroom-based and	7463
non-classroom-based learning opportunities that is in compliance	7464
with criteria for student participation established by the	7465
department under division (L)(2) of section 3314.08 of the Revised	7466
Code;	7467

(24) The school will comply with section 3302.04 of the	7468
Revised Code, including division (E) of that section to the extent	7469
possible, except that any action required to be taken by a school	7470
district pursuant to that section shall be taken by the sponsor of	7471
the school. However, the sponsor shall not be required to take any	7472
action described in division (F) of that section.	7473

(25) Beginning in the 2006-2007 school year, the school will	7474
open for operation not later than the thirtieth day of September	7475
each school year, unless the mission of the school as specified	7476
under division (A)(2) of this section is solely to serve dropouts.	7477
In its initial year of operation, if the school fails to open by	7478
the thirtieth day of September, or within one year after the	7479
adoption of the contract pursuant to division (D) of section	7480
3314.02 of the Revised Code if the mission of the school is solely	7481
to serve dropouts, the contract shall be void.	7482

(B) The community school shall also submit to the sponsor a	7483
comprehensive plan for the school. The plan shall specify the	7484
following:	7485

(1) The process by which the governing authority of the	7486
school will be selected in the future;	7487

(2) The management and administration of the school;

7488

(3) If the community school is a currently existing public	7489
school or educational service center building, alternative	7490
arrangements for current public school students who choose not to	7491
attend the converted school and for teachers who choose not to	7492
teach in the school or building after conversion;	7493

(4) The instructional program and educational philosophy of	7494
the school;	7495

(5) Internal financial controls.

7496

(C) A contract entered into under section 3314.02 of the	7497
Revised Code between a sponsor and the governing authority of a	7498
community school may provide for the community school governing	7499
authority to make payments to the sponsor, which is hereby	7500
authorized to receive such payments as set forth in the contract	7501
between the governing authority and the sponsor. The total amount	7502
of such payments for oversight and monitoring of the school shall	7503
not exceed three per cent of the total amount of payments for	7504
operating expenses that the school receives from the state.	7505

(D) The contract shall specify the duties of the sponsor	7506
which shall be in accordance with the written agreement entered	7507
into with the department of education under division (B) of	7508
section 3314.015 of the Revised Code and shall include the	7509
following:	7510

(1) Monitor the community school's compliance with all laws	7511
applicable to the school and with the terms of the contract;	7512

(2) Monitor and evaluate the academic and fiscal performance	7513
and the organization and operation of the community school on at	7514
least an annual basis;	7515

(3) Report on an annual basis the results of the evaluation	7516
conducted under division (D)(2) of this section to the department	7517
of education and to the parents of students enrolled in the	7518
community school;	7519

(4) Provide technical assistance to the community school in	7520
complying with laws applicable to the school and terms of the	7521
contract;	7522

(5) Take steps to intervene in the school's operation to	7523
correct problems in the school's overall performance, declare the	7524
school to be on probationary status pursuant to section 3314.073	7525
of the Revised Code, suspend the operation of the school pursuant	7526
to section 3314.072 of the Revised Code, or terminate the contract	7527
of the school pursuant to section 3314.07 of the Revised Code as	7528
determined necessary by the sponsor;	7529

(6) Have in place a plan of action to be undertaken in the	7530
event the community school experiences financial difficulties or	7531
closes prior to the end of a school year.	7532

(E) Upon the expiration of a contract entered into under this	7533
section, the sponsor of a community school may, with the approval	7534
of the governing authority of the school, renew that contract for	7535
a period of time determined by the sponsor, but not ending earlier	7536
than the end of any school year, if the sponsor finds that the	7537
school's compliance with applicable laws and terms of the contract	7538
and the school's progress in meeting the academic goals prescribed	7539
in the contract have been satisfactory. Any contract that is	7540
renewed under this division remains subject to the provisions of	7541
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	7542

(F) If a community school fails to open for operation within	7543
one year after the contract entered into under this section is	7544
adopted pursuant to division (D) of section 3314.02 of the Revised	7545
Code or permanently closes prior to the expiration of the	7546
contract, the contract shall be void and the school shall not	7547
enter into a contract with any other sponsor. A school shall not	7548
be considered permanently closed because the operations of the	7549
school have been suspended pursuant to section 3314.072 of the	7550
Revised Code. Any contract that becomes void under this division	7551
shall not count toward any statewide limit on the number of such	7552
contracts prescribed by section 3314.013 of the Revised Code.	7553

Sec. 3314.05. ~~Division (A) of this section shall not apply~~	7554
~~to internet- or computer-based community schools.~~	7555

(A) The contract between the community school and the sponsor	7556
shall specify the facilities to be used for the community school	7557
and the method of acquisition. Except as provided in division	7558
(B)(3) of this section, no community school shall be established	7559
in more than one school district under the same contract.	7560

~~(A) A~~(B) Division (B) of this section shall not apply to	7561
internet- or computer-based community schools.	7562

(1) A community school may be located in multiple facilities	7563
under the same contract only if the limitations on availability	7564
of space prohibit serving all the grade levels specified in the	7565
contract in a single facility or division (B)(2) or (3) of this	7566
section applies to the school. The school shall not offer the	7567
same grade level classrooms in more than one facility.	7568

(2) A community school may be located in multiple facilities	7569
under the same contract and, notwithstanding division (B)(1) of	7570
this section, may assign students in the same grade level to	7571
multiple facilities, as long as all of the following apply:	7572

(a) The governing authority of the community school filed a	7573
copy of its contract with the school's sponsor under section	7574
3314.03 of the Revised Code with the superintendent of public	7575
instruction on or before May 15, 2008.	7576

(b) The school was not open for operation prior to July 1,	7577
2008.	7578

(c) The governing authority has entered into and maintains a	7579
contract with an operator of the type described in division (A)(2)	7580
of section 3314.014 of the Revised Code.	7581

(d) The contract with that operator qualified the school to	7582
be established pursuant to division (A) of section 3314.016 of the	7583
Revised Code.	7584

(e) The school's rating under section 3302.03 of the Revised	7585
Code does not fall below "in need of continuous improvement" for	7586
two or more consecutive years.	7587

(3) A new start-up community school may be established in	7588
two school districts under the same contract if all of the	7589
following apply:	7590

(a) At least one of the school districts in which the school	7591
is established is a challenged school district;	7592

(b) The school operates not more than one facility in each	7593
school district and, in accordance with division (B)(1) of this	7594
section, the school does not offer the same grade level classrooms	7595
in both facilities; and	7596

(c) Transportation between the two facilities does not	7597
require more than thirty minutes of direct travel time as measured	7598
by school bus.	7599

In the case of a community school to which division (B)(3) of	7600
this section applies, if only one of the school districts in which	7601
the school is established is a challenged school district, that	7602
district shall be considered the school's primary location and the	7603
district in which the school is located for the purposes of	7604
division (A)(19) of section 3314.03 and divisions (C) and (H) of	7605
section 3314.06 of the Revised Code and for all other purposes of	7606
this chapter. If both of the school districts in which the school	7607
is established are challenged school districts, the school's	7608
governing authority shall designate one of those districts to be	7609
considered the school's primary location and the district in which	7610
the school is located for the purposes of those divisions and all	7611
other purposes of this chapter and shall notify the department of	7612
education of that designation.	7613

(4) Any facility used for a community school shall meet all	7614
health and safety standards established by law for school	7615
buildings.	7616

~~(B)~~(C) In the case where a community school is proposed to be	7617
located in a facility owned by a school district or educational	7618
service center, the facility may not be used for such community	7619
school unless the district or service center board owning the	7620
facility enters into an agreement for the community school to	7621
utilize the facility. Use of the facility may be under any terms	7622
and conditions agreed to by the district or service center board	7623
and the school.	7624

Sec. 3314.37. (A) A five-year demonstration project is	7625
hereby established at the community schools known as the ISUS	7626
institutes. The project is a research and development initiative	7627
to collect and analyze data with which to improve dropout	7628
prevention and recovery programs, to evaluate various	7629
methodologies employed in those programs, to develop tools and	7630
criteria for evaluating community schools that operate dropout	7631
prevention and recovery programs, to institute stringent	7632
accountability measures for such community schools, and to	7633
direct curricular and programming decisions for such community	7634
schools. The program shall begin with the 2008-2009 school year	7635
and shall operate through the 2012-2013 school year.	7636

(B) Under the demonstration project, the ISUS institutes	7637
shall select and pay the costs of an independent evaluator to	7638
create a study plan and collect and analyze data from the	7639
institutes. The ISUS institutes' selection of the independent	7640
evaluator is subject to the approval of the department of	7641
education. The data collected by the evaluator shall include, but	7642
need not be limited to, the following:	7643

(1) Baseline measures of student status at enrollment,	7644
including academic level; history of court involvement, drug use,	7645
and other behavioral problems; and the circumstances of the	7646
students' parenting and living arrangements;	7647

(2) Student academic progress, measured at multiple and	7648
regular intervals each school year;	7649

(3) Value-added elements of the institutes' dropout	7650
prevention and recovery programs, including industry	7651
certifications, college coursework, community service and service	7652
learning, apprenticeships, and internships;	7653

(4) Outcomes in addition to high school graduation, including	7654
students' contributions to community service and students'	7655
transitions to employment, post-secondary training, college, or	7656
the military.	7657

(C) Not later than the thirtieth day of September following	7658
each school year in which the demonstration project is operating,	7659
the independent evaluator shall do both of the following:	7660

(1) Submit to the ISUS institutes and the department all data	7661
collected and a report of its data analysis;	7662

(2) Submit a report of its data analysis to the speaker and	7663
minority leader of the house of representatives, the president and	7664
minority leader of the senate, and the chairpersons and ranking	7665
minority members of the standing committees of the house of	7666
representatives and the senate that consider education	7667
legislation.	7668

(D) For each school year in which the demonstration project	7669
is operating:	7670

(1) The ISUS institutes shall continue to report data through	7671
the education management information system under section 3314.17	7672
of the Revised Code.	7673

(2) The department shall continue to issue annual report	7674
cards for the ISUS institutes under section 3314.012 of the	7675
Revised Code and shall continue to assign them performance ratings	7676
under division (B) of section 3302.03 of the Revised Code.	7677

(E) Nothing in this section prevents the application to the	7678
ISUS institutes, during the demonstration project, of any	7679
provision of the Revised Code or rule or policy of the department	7680
or the state board of education requiring closure, or otherwise	7681
restricting the operation, of a community school based on	7682
measures of academic performance for any school year before or	7683
during the demonstration project. Nothing in this section prevents	7684
a sponsor of an ISUS institute from terminating or not renewing	7685
its contract with the school, from suspending the operations of	7686
the school, or from placing the school on probationary status, in	7687
accordance with this chapter, during the demonstration project.	7688
Nothing in this section prevents the auditor of state from taking	7689
action against an ISUS institute under Chapter 117. of the	7690
Revised Code or other applicable law during the demonstration	7691
project.	7692

(F) The department may conduct its own analysis of data	7693
submitted under the demonstration project.	7694

(G) Not later than December 31, 2013, the independent	7695
evaluator shall issue a final report of its findings and analysis	7696
and its recommendations for appropriate academic accountability	7697
measures for community schools that operate dropout prevention and	7698
recovery programs. The independent evaluator shall submit the	7699
report to the department, the speaker and minority leader of the	7700
house of representatives, the president and minority leader of the	7701
senate, and the chairpersons and ranking minority members of the	7702
standing committees of the house of representatives and the senate	7703
that consider education legislation.	7704

Sec. 3314.40. The governing authorities of two or more	7705
community schools may enter into a pooling agreement under which	7706
the schools may act jointly to do any of the following:	7707

(A) Purchase health insurance for the schools' employees;

7708

(B) Secure liability insurance for the schools;

7709

(C) Purchase other goods or services necessary for the	7710
operation of the schools;	7711

(D) Provide transportation to students enrolled in the	7712
schools.	7713

Sec. 3316.03. (A) The existence of a fiscal watch shall be	7714
declared by the auditor of state. The auditor of state may make a	7715
determination on the auditor of state's initiative, or upon	7716
receipt of a written request for such a determination, which may	7717
be filed by the governor, the superintendent of public	7718
instruction, or a majority of the members of the board of	7719
education of the school district.	7720

(1) The auditor of state shall declare a school district to	7721
be in a state of fiscal watch if the auditor of state determines	7722
that both of the following conditions are satisfied with respect	7723
to the school district:	7724

(a) An operating deficit has been certified for the current	7725
fiscal year by the auditor of state, and the certified operating	7726
deficit exceeds eight per cent of the school district's general	7727
fund revenue for the preceding fiscal year;	7728

(b) A majority of the voting electors have not voted in favor	7729
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	7730
Chapter 5748. of the Revised Code that the auditor of state	7731
expects will raise enough additional revenue in the next	7732
succeeding fiscal year that division (A)(1)(a) of this section	7733
will not apply to the district in such next succeeding fiscal	7734
year.	7735

(2) The auditor of state shall declare a school district to	7736
be in a state of fiscal watch if the auditor of state determines	7737
that the school district has outstanding securities issued under	7738
division (A)(4) of section 3316.06 of the Revised Code, and its	7739
financial planning and supervision commission has been terminated	7740
under section 3316.16 of the Revised Code.	7741

(3) The auditor of state shall declare a school district to	7742
be in a state of fiscal watch if both of the following conditions	7743
are satisfied:	7744

(a) The superintendent of public instruction has reported to	7745
the auditor of state that the superintendent has declared the	7746
district under section 3316.031 of the Revised Code to be under a	7747
fiscal caution, has found that the district has not acted	7748
reasonably to eliminate or correct practices or conditions that	7749
prompted the declaration, and has determined the declaration of a	7750
state of fiscal watch necessary to prevent further fiscal decline;	7751

(b) The auditor of state determines that the decision of the	7752
superintendent is reasonable.	7753

If the auditor of state determines that the decision of the	7754
superintendent is not reasonable, the auditor of state shall	7755
provide the superintendent with a written explanation of that	7756
determination.	7757

(4) The auditor of state may declare a school district to be	7758
in a state of fiscal watch if all of the following conditions are	7759
satisfied:	7760

(a) An operating deficit has been certified for the current	7761
fiscal year by the auditor of state, and the certified operating	7762
deficit exceeds two per cent, but does not exceed eight per cent,	7763
of the school district's general fund revenue for the preceding	7764
fiscal year;	7765

(b) A majority of the voting electors have not voted in favor	7766
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	7767
Chapter 5748. of the Revised Code that the auditor of state	7768
expects will raise enough additional revenue in the next	7769
succeeding fiscal year that division (A)(4)(a) of this section	7770
will not apply to the district in the next succeeding fiscal year;	7771

(c) The auditor of state determines that there is no	7772
reasonable cause for the deficit or that the declaration of fiscal	7773
watch is necessary to prevent further fiscal decline in the	7774
district.	7775

(B)(1) The auditor of state shall issue an order declaring a	7776
school district to be in a state of fiscal emergency if the	7777
auditor of state determines that both of the following conditions	7778
are satisfied with respect to the school district:	7779

(a) An operating deficit has been certified for the current	7780
fiscal year by the auditor of state, and the certified operating	7781
deficit exceeds fifteen per cent of the school district's general	7782
fund revenue for the preceding fiscal year. In determining the	7783
amount of an operating deficit under division (B)(1)(a) of this	7784
section, the auditor of state shall credit toward the amount of	7785
that deficit only the amount that may be borrowed from the	7786
spending reserve balance as determined under section 133.301 and	7787
division (F) of section 5705.29 of the Revised Code.	7788

(b) A majority of the voting electors have not voted in favor	7789
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	7790
Chapter 5748. of the Revised Code that the auditor of state	7791
expects will raise enough additional revenue in the next	7792
succeeding fiscal year that division (B)(1)(a) of this section	7793
will not apply to the district in such next succeeding fiscal	7794
year.	7795

(2) The auditor of state shall issue an order declaring a	7796
school district to be in a state of fiscal emergency if the school	7797
district board fails, pursuant to section 3316.04 of the Revised	7798
Code, to submit a plan acceptable to the state superintendent of	7799
public instruction within one hundred twenty days of the auditor	7800
of state's declaration under division (A) of this section or an	7801
updated plan when one is required by division (C) of section	7802
3316.04 of the Revised Code;	7803

(3) The auditor of state shall issue an order declaring a	7804
school district to be in a state of fiscal emergency if both of	7805
the following conditions are satisfied:	7806

(a) The superintendent of public instruction has reported to	7807
the auditor of state that the district is not materially complying	7808
with the provisions of an original or updated plan as approved by	7809
the state superintendent under section 3316.04 of the Revised	7810
Code, and that the state superintendent has determined the	7811
declaration of a state of fiscal emergency necessary to prevent	7812
further fiscal decline;	7813

(b) The auditor of state finds that the determination of the	7814
superintendent is reasonable.	7815

If the auditor of state determines that the decision of the	7816
superintendent is not reasonable, the auditor of state shall	7817
provide the superintendent a written explanation of that	7818
determination.	7819

(4) The auditor of state shall issue an order declaring a	7820
school district to be in a state of fiscal emergency if a	7821
declaration of fiscal emergency is required by division (D) of	7822
section 3316.04 of the Revised Code.	7823

(5) The auditor of state may issue an order declaring a	7824
school district to be in a state of fiscal emergency if all of the	7825
following conditions are satisfied:	7826

(a) An operating deficit has been certified for the current	7827
fiscal year by the auditor of state, and the certified operating	7828
deficit exceeds ten per cent, but does not exceed fifteen per	7829
cent, of the school district's general fund revenue for the	7830
preceding fiscal year;	7831

(b) A majority of the voting electors have not voted in favor	7832
of levying a tax under section 5705.194, 5705.199, or 5705.21 or	7833
Chapter 5748. of the Revised Code that the auditor of state	7834
expects will raise enough additional revenue in the next	7835
succeeding fiscal year that division (B)(5)(a) of this section	7836
will not apply to the district in the next succeeding fiscal year;	7837

(c) The auditor of state determines that a declaration of	7838
fiscal emergency is necessary to correct the district's fiscal	7839
problems and to prevent further fiscal decline.	7840

(C) In making the determinations under this section, the	7841
auditor of state may use financial reports required under section	7842
117.43 of the Revised Code; tax budgets, certificates of estimated	7843
resources and amendments thereof, annual appropriating measures	7844
and spending plans, and any other documents or information	7845
prepared pursuant to Chapter 5705. of the Revised Code; and any	7846
other documents, records, or information available to the auditor	7847
of state that indicate the conditions described in divisions (A)	7848
and (B) of this section.	7849

(D) The auditor of state shall certify the action taken under	7850
division (A) or (B) of this section to the board of education of	7851
the school district, the director of budget and management, the	7852
mayor or county auditor who could be required to act pursuant to	7853
division (B)(1) of section 3316.05 of the Revised Code, and to the	7854
superintendent of public instruction.	7855

(E) A determination by the auditor of state under this	7856
section that a fiscal emergency condition does not exist is final	7857
and conclusive and not appealable. A determination by the auditor	7858
of state under this section that a fiscal emergency exists is	7859
final, except that the board of education of the school district	7860
affected by such a determination may appeal the determination of	7861
the existence of a fiscal emergency condition to the court of	7862
appeals having territorial jurisdiction over the school district.	7863
The appeal shall be heard expeditiously by the court of appeals	7864
and for good cause shown shall take precedence over all other	7865
civil matters except earlier matters of the same character. Notice	7866
of such appeal must be filed with the auditor of state and such	7867
court within thirty days after certification by the auditor of	7868
state to the board of education of the school district provided	7869
for in division (D) of this section. In such appeal,	7870
determinations of the auditor of state shall be presumed to be	7871
valid and the board of education shall have the burden of proving,	7872
by clear and convincing evidence, that each of the determinations	7873
made by the auditor of state as to the existence of a fiscal	7874
emergency condition under this section was in error. If the board	7875
of education fails, upon presentation of its case, to prove by	7876
clear and convincing evidence that each such determination by the	7877
auditor of state was in error, the court shall dismiss the appeal.	7878
The board of education and the auditor of state may introduce any	7879
evidence relevant to the existence or nonexistence of such fiscal	7880
emergency conditions. The pendency of any such appeal shall not	7881
affect or impede the operations of this chapter; no restraining	7882
order, temporary injunction, or other similar restraint upon	7883
actions consistent with this chapter shall be imposed by the court	7884
or any court pending determination of such appeal; and all things	7885
may be done under this chapter that may be done regardless of the	7886
pendency of any such appeal. Any action taken or contract	7887
executed pursuant to this chapter during the pendency of such	7888
appeal is valid and enforceable among all parties, notwithstanding	7889
the decision in such appeal. If the court of appeals reverses the	7890
determination of the existence of a fiscal emergency condition by	7891
the auditor of state, the determination no longer has any effect,	7892
and any procedures undertaken as a result of the determination	7893
shall be terminated.	7894

Sec. 3316.041. (A) Notwithstanding any provision of Chapter	7895
133. or sections 3313.483 to 3313.4811 of the Revised Code, and	7896
subject to the approval of the superintendent of public	7897
instruction, a school district that is in a state of fiscal watch	7898
declared under section 3316.03 of the Revised Code may restructure	7899
or refinance loans obtained or in the process of being obtained	7900
under section 3313.483 of the Revised Code if all of the following	7901
requirements are met:	7902

(1) The operating deficit certified for the school district	7903
for the current or preceding fiscal year under section 3313.483 of	7904
the Revised Code exceeds fifteen per cent of the district's	7905
general revenue fund for the fiscal year preceding the year for	7906
which the certification of the operating deficit is made.	7907

(2) The school district voters have, during the period of the	7908
fiscal watch, approved the levy of a tax under section 718.09,	7909
718.10, 5705.194, 5705.21, or 5748.02 of the Revised Code that is	7910
not a renewal or replacement levy, or a levy under section	7911
5705.199 of the Revised Code, and that will provide new operating	7912
revenue.	7913

(3) The board of education of the school district has adopted	7914
or amended the financial plan required by section 3316.04 of the	7915
Revised Code to reflect the restructured or refinanced loans, and	7916
sets forth the means by which the district will bring projected	7917
operating revenues and expenditures, and projected debt service	7918
obligations, into balance for the life of any such loan.	7919

(B) Subject to the approval of the superintendent of public	7920
instruction, the school district may issue securities to evidence	7921
the restructuring or refinancing authorized by this section. Such	7922
securities may extend the original period for repayment not to	7923
exceed ten years, and may alter the frequency and amount of	7924
repayments, interest or other financing charges, and other terms	7925
or agreements under which the loans were originally contracted,	7926
provided the loans received under sections 3313.483 of the Revised	7927
Code are repaid from funds the district would otherwise receive	7928
under sections 3317.022 to 3317.025 of the Revised Code, as	7929
required under division (E)(3) of section 3313.483 of the Revised	7930
Code. Securities issued for the purpose of restructuring or	7931
refinancing under this section shall be repaid in equal payments	7932
and at equal intervals over the term of the debt and are not	7933
eligible to be included in any subsequent proposal to restructure	7934
or refinance.	7935

(C) Unless the district is declared to be in a state of	7936
fiscal emergency under division (D) of section 3316.04 of the	7937
Revised Code, a school district shall remain in a state of fiscal	7938
watch for the duration of the repayment period of any loan	7939
restructured or refinanced under this section.	7940

Sec. 3316.06. (A) Within one hundred twenty days after the	7941
first meeting of a school district financial planning and	7942
supervision commission, the commission shall adopt a financial	7943
recovery plan regarding the school district for which the	7944
commission was created. During the formulation of the plan, the	7945
commission shall seek appropriate input from the school district	7946
board and from the community. This plan shall contain the	7947
following:	7948

(1) Actions to be taken to:

7949

(a) Eliminate all fiscal emergency conditions declared to	7950
exist pursuant to division (B) of section 3316.03 of the Revised	7951
Code;	7952

(b) Satisfy any judgments, past-due accounts payable, and all	7953
past-due and payable payroll and fringe benefits;	7954

(c) Eliminate the deficits in all deficit funds, except that	7955
any prior year deficits in the textbook and instructional	7956
materials fund established pursuant to section 3315.17 of the	7957
Revised Code and the capital and maintenance fund established	7958
pursuant to section 3315.18 of the Revised Code shall be forgiven;	7959

(d) Restore to special funds any moneys from such funds that	7960
were used for purposes not within the purposes of such funds, or	7961
borrowed from such funds by the purchase of debt obligations of	7962
the school district with the moneys of such funds, or missing from	7963
the special funds and not accounted for, if any;	7964

(e) Balance the budget, avoid future deficits in any funds,	7965
and maintain on a current basis payments of payroll, fringe	7966
benefits, and all accounts;	7967

(f) Avoid any fiscal emergency condition in the future;

7968

(g) Restore the ability of the school district to market	7969
long-term general obligation bonds under provisions of law	7970
applicable to school districts generally.	7971

(2) The management structure that will enable the school	7972
district to take the actions enumerated in division (A)(1) of this	7973
section. The plan shall specify the level of fiscal and management	7974
control that the commission will exercise within the school	7975
district during the period of fiscal emergency, and shall	7976
enumerate respectively, the powers and duties of the commission	7977
and the powers and duties of the school board during that period.	7978
The commission may elect to assume any of the powers and duties of	7979
the school board it considers necessary, including all powers	7980
related to personnel, curriculum, and legal issues in order to	7981
successfully implement the actions described in division (A)(1) of	7982
this section.	7983

(3) The target dates for the commencement, progress upon, and	7984
completion of the actions enumerated in division (A)(1) of this	7985
section and a reasonable period of time expected to be required to	7986
implement the plan. The commission shall prepare a reasonable time	7987
schedule for progress toward and achievement of the requirements	7988
for the plan, and the plan shall be consistent with that time	7989
schedule.	7990

(4) The amount and purpose of any issue of debt obligations	7991
that will be issued, together with assurances that any such debt	7992
obligations that will be issued will not exceed debt limits	7993
supported by appropriate certifications by the fiscal officer of	7994
the school district and the county auditor. Debt obligations	7995
issued pursuant to section 133.301 of the Revised Code shall	7996
include assurances that such debt shall be in an amount not to	7997
exceed the amount certified under division (B) of such section. If	7998
the commission considers it necessary in order to maintain or	7999
improve educational opportunities of pupils in the school	8000
district, the plan may include a proposal to restructure or	8001
refinance outstanding debt obligations incurred by the board under	8002
section 3313.483 of the Revised Code contingent upon the approval,	8003
during the period of the fiscal emergency, by district voters of a	8004
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	8005
5748.02, or 5748.08 of the Revised Code, that is not a renewal or	8006
replacement levy, or a levy under section 5705.199 of the Revised	8007
Code, and that will provide new operating revenue. Notwithstanding	8008
any provision of Chapter 133. or sections 3313.483 to 3313.4811 of	8009
the Revised Code, following the required approval of the district	8010
voters and with the approval of the commission, the school	8011
district may issue securities to evidence the restructuring or	8012
refinancing. Those securities may extend the original period for	8013
repayment, not to exceed ten years, and may alter the frequency	8014
and amount of repayments, interest or other financing charges, and	8015
other terms of agreements under which the debt originally was	8016
contracted, at the discretion of the commission, provided that any	8017
loans received pursuant to section 3313.483 of the Revised Code	8018
shall be paid from funds the district would otherwise receive	8019
under sections 3317.022 to 3317.025 of the Revised Code, as	8020
required under division (E)(3) of section 3313.483 of the Revised	8021
Code. The securities issued for the purpose of restructuring or	8022
refinancing the debt shall be repaid in equal payments and at	8023
equal intervals over the term of the debt and are not eligible to	8024
be included in any subsequent proposal for the purpose of	8025
restructuring or refinancing debt under this section.	8026

(B) Any financial recovery plan may be amended subsequent to	8027
its adoption. Each financial recovery plan shall be updated	8028
annually.	8029

(C) Each school district financial planning and supervision	8030
commission shall submit the financial recovery plan it adopts or	8031
updates under this section to the state superintendent of public	8032
instruction for approval immediately following its adoption or	8033
updating. The state superintendent shall evaluate the plan and	8034
either approve or disapprove it within thirty calendar days from	8035
the date of its submission. If the plan is disapproved, the state	8036
superintendent shall recommend modifications that will render it	8037
acceptable. No financial planning and supervision commission shall	8038
implement a financial recovery plan that is adopted or updated on	8039
or after April 10, 2001, unless the state superintendent has	8040
approved it.	8041

Sec. 3316.08. During a school district's fiscal emergency	8042
period, the auditor of state shall determine annually, or at any	8043
other time upon request of the financial planning and supervision	8044
commission, whether the school district will incur an operating	8045
deficit. If the auditor of state determines that a school district	8046
will incur an operating deficit, the auditor of state shall	8047
certify that determination to the superintendent of public	8048
instruction, the financial planning and supervision commission,	8049
and the board of education of the school district. Upon receiving	8050
the auditor of state's certification, the commission shall adopt a	8051
resolution requesting that the board of education work with the	8052
county auditor or tax commissioner to estimate the amount and rate	8053
of a tax levy that is needed under section 5705.194, 5709.199, or	8054
5705.21 or Chapter 5748. of the Revised Code to produce a positive	8055
fund balance not later than the fifth year of the five-year	8056
forecast submitted under section 5705.391 of the Revised Code.	8057

The board of education shall recommend to the commission	8058
whether the board supports or opposes a tax levy under section	8059
5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised	8060
Code and shall provide supporting documentation to the commission	8061
of its recommendation.	8062

After considering the board of education's recommendation and	8063
supporting documentation, the commission shall adopt a resolution	8064
to either submit a ballot question proposing a tax levy or not to	8065
submit such a question.	8066

Except as otherwise provided in this division, the tax shall	8067
be levied in the manner prescribed for a tax levied under section	8068
5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the	8069
Revised Code. If the commission decides that a tax should be	8070
levied, the tax shall be levied for the purpose of paying current	8071
operating expenses of the school district. The rate of a tax	8072
levied under section 5705.194, 5709.199, or 5705.21 of the Revised	8073
Code shall be determined by the county auditor, and the rate of a	8074
tax levied under section 5748.02 or 5748.08 of the Revised Code	8075
shall be determined by the tax commissioner, upon the request of	8076
the commission. The commission, in consultation with the board of	8077
education, shall determine the election at which the question of	8078
the tax shall appear on the ballot, and the commission shall	8079
submit a copy of its resolution to the board of elections not	8080
later than seventy-five days prior to the day of that election.	8081
The board of elections conducting the election shall certify the	8082
results of the election to the board of education and to the	8083
financial planning and supervision commission.	8084

Sec. 3317.023. (A) Notwithstanding section 3317.022 of the	8085
Revised Code, the amounts required to be paid to a district under	8086
this chapter shall be adjusted by the amount of the computations	8087
made under divisions (B) to ~~(P)~~(O) of this section.	8088

As used in this section:

8089

(1) "Classroom teacher" means a licensed employee who	8090
provides direct instruction to pupils, excluding teachers funded	8091
from money paid to the district from federal sources; educational	8092
service personnel; and vocational and special education teachers.	8093

(2) "Educational service personnel" shall not include such	8094
specialists funded from money paid to the district from federal	8095
sources or assigned full-time to vocational or special education	8096
students and classes and may only include those persons employed	8097
in the eight specialist areas in a pattern approved by the	8098
department of education under guidelines established by the state	8099
board of education.	8100

(3) "Annual salary" means the annual base salary stated in	8101
the state minimum salary schedule for the performance of the	8102
teacher's regular teaching duties that the teacher earns for	8103
services rendered for the first full week of October of the fiscal	8104
year for which the adjustment is made under division (C) of this	8105
section. It shall not include any salary payments for supplemental	8106
teachers contracts.	8107

(4) "Regular student population" means the formula ADM plus	8108
the number of students reported as enrolled in the district	8109
pursuant to division (A)(1) of section 3313.981 of the Revised	8110
Code; minus the number of students reported under division (A)(2)	8111
of section 3317.03 of the Revised Code; minus the FTE of students	8112
reported under division (B)(6), (7), (8), (9), (10), (11), or (12)	8113
of that section who are enrolled in a vocational education class	8114
or receiving special education; and minus twenty per cent of the	8115
students enrolled concurrently in a joint vocational school	8116
district.	8117

(5) "State share percentage" has the same meaning as in	8118
section 3317.022 of the Revised Code.	8119

(6) "VEPD" means a school district or group of school	8120
districts designated by the department of education as being	8121
responsible for the planning for and provision of vocational	8122
education services to students within the district or group.	8123

(7) "Lead district" means a school district, including a	8124
joint vocational school district, designated by the department as	8125
a VEPD, or designated to provide primary vocational education	8126
leadership within a VEPD composed of a group of districts.	8127

(B) If the district employs less than one full-time	8128
equivalent classroom teacher for each twenty-five pupils in the	8129
regular student population in any school district, deduct the sum	8130
of the amounts obtained from the following computations:	8131

(1) Divide the number of the district's full-time equivalent	8132
classroom teachers employed by one twenty-fifth;	8133

(2) Subtract the quotient in (1) from the district's regular	8134
student population;	8135

(3) Multiply the difference in (2) by seven hundred fifty-two	8136
dollars.	8137

(C) If a positive amount, add one-half of the amount obtained	8138
by multiplying the number of full-time equivalent classroom	8139
teachers by:	8140

(1) The mean annual salary of all full-time equivalent	8141
classroom teachers employed by the district at their respective	8142
training and experience levels minus;	8143

(2) The mean annual salary of all such teachers at their	8144
respective levels in all school districts receiving payments under	8145
this section.	8146

The number of full-time equivalent classroom teachers used in	8147
this computation shall not exceed one twenty-fifth of the	8148
district's regular student population. In calculating the	8149
district's mean salary under this division, those full-time	8150
equivalent classroom teachers with the highest training level	8151
shall be counted first, those with the next highest training level	8152
second, and so on, in descending order. Within the respective	8153
training levels, teachers with the highest years of service shall	8154
be counted first, the next highest years of service second, and so	8155
on, in descending order.	8156

(D) This division does not apply to a school district that	8157
has entered into an agreement under division (A) of section	8158
3313.42 of the Revised Code. Deduct the amount obtained from the	8159
following computations if the district employs fewer than five	8160
full-time equivalent educational service personnel, including	8161
elementary school art, music, and physical education teachers,	8162
counselors, librarians, visiting teachers, school social workers,	8163
and school nurses for each one thousand pupils in the regular	8164
student population:	8165

(1) Divide the number of full-time equivalent educational	8166
service personnel employed by the district by five	8167
one-thousandths;	8168

(2) Subtract the quotient in (1) from the district's regular	8169
student population;	8170

(3) Multiply the difference in (2) by ninety-four dollars.

8171

(E) If a local school district, or a city or exempted village	8172
school district to which a governing board of an educational	8173
service center provides services pursuant to section 3313.843 of	8174
the Revised Code, deduct the amount of the payment required for	8175
the reimbursement of the governing board under section 3317.11 of	8176
the Revised Code.	8177

(F)(1) If the district is required to pay to or entitled to	8178
receive tuition from another school district under division (C)(2)	8179
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	8180
or if the superintendent of public instruction is required to	8181
determine the correct amount of tuition and make a deduction or	8182
credit under section 3317.08 of the Revised Code, deduct and	8183
credit such amounts as provided in division (J) of section 3313.64	8184
or section 3317.08 of the Revised Code.	8185

(2) For each child for whom the district is responsible for	8186
tuition or payment under division (A)(1) of section 3317.082 or	8187
section 3323.091 of the Revised Code, deduct the amount of tuition	8188
or payment for which the district is responsible.	8189

(G) If the district has been certified by the superintendent	8190
of public instruction under section 3313.90 of the Revised Code as	8191
not in compliance with the requirements of that section, deduct an	8192
amount equal to ten per cent of the amount computed for the	8193
district under section 3317.022 of the Revised Code.	8194

(H) If the district has received a loan from a commercial	8195
lending institution for which payments are made by the	8196
superintendent of public instruction pursuant to division (E)(3)	8197
of section 3313.483 of the Revised Code, deduct an amount equal to	8198
such payments.	8199

(I)(1) If the district is a party to an agreement entered	8200
into under division (D), (E), or (F) of section 3311.06 or	8201
division (B) of section 3311.24 of the Revised Code and is	8202
obligated to make payments to another district under such an	8203
agreement, deduct an amount equal to such payments if the district	8204
school board notifies the department in writing that it wishes to	8205
have such payments deducted.	8206

(2) If the district is entitled to receive payments from	8207
another district that has notified the department to deduct such	8208
payments under division (I)(1) of this section, add the amount of	8209
such payments.	8210

(J) If the district is required to pay an amount of funds to	8211
a cooperative education district pursuant to a provision described	8212
by division (B)(4) of section 3311.52 or division (B)(8) of	8213
section 3311.521 of the Revised Code, deduct such amounts as	8214
provided under that provision and credit those amounts to the	8215
cooperative education district for payment to the district under	8216
division (B)(1) of section 3317.19 of the Revised Code.	8217

(K)(1) If a district is educating a student entitled to	8218
attend school in another district pursuant to a shared education	8219
contract, compact, or cooperative education agreement other than	8220
an agreement entered into pursuant to section 3313.842 of the	8221
Revised Code, credit to that educating district on an FTE basis	8222
both of the following:	8223

(a) An amount equal to the sum of the formula amount plus	8224
the per pupil amount of the base funding supplements specified in	8225
divisions (C)(1) to (4) of section 3317.012 of the Revised Code.	8226

(b) An amount equal to the current formula amount times the	8227
state share percentage times any multiple applicable to the	8228
student pursuant to section 3317.013 or 3317.014 of the Revised	8229
Code.	8230

(2) Deduct any amount credited pursuant to division (K)(1) of	8231
this section from amounts paid to the school district in which the	8232
student is entitled to attend school pursuant to section 3313.64	8233
or 3313.65 of the Revised Code.	8234

(3) If the district is required by a shared education	8235
contract, compact, or cooperative education agreement to make	8236
payments to an educational service center, deduct the amounts from	8237
payments to the district and add them to the amounts paid to the	8238
service center pursuant to section 3317.11 of the Revised Code.	8239

(L)(1) If a district, including a joint vocational school	8240
district, is a lead district of a VEPD, credit to that district	8241
the amounts calculated for all the school districts within that	8242
VEPD pursuant to division (E)(2) of section 3317.022 of the	8243
Revised Code.	8244

(2) Deduct from each appropriate district that is not a lead	8245
district, the amount attributable to that district that is	8246
credited to a lead district under division (L)(1) of this section.	8247

(M) If the department pays a joint vocational school district	8248
under division (G)(4) of section 3317.16 of the Revised Code for	8249
excess costs of providing special education and related services	8250
to a student with a disability, as calculated under division	8251
(G)(2) of that section, the department shall deduct the amount of	8252
that payment from the city, local, or exempted village school	8253
district that is responsible as specified in that section for the	8254
excess costs.	8255

(N)(1) If the district reports an amount of excess cost for	8256
special education services for a child under division (C) of	8257
section 3323.14 of the Revised Code, the department shall pay that	8258
amount to the district.	8259

(2) If the district reports an amount of excess cost for	8260
special education services for a child under division (C) of	8261
section 3323.14 of the Revised Code, the department shall deduct	8262
that amount from the district of residence of that child.	8263

(O) If the department of job and family services presents to	8264
the department of education a payment request through an	8265
intrastate transfer voucher for the nonfederal share of	8266
reimbursements made to a school district for medicaid services	8267
provided by the district, the department of education shall pay	8268
the amount of that request to the department of job and family	8269
services and shall deduct the amount of that payment from the	8270
district.	8271

~~(P) If the department is required to pay an amount under~~	8272
~~section 3353.25 of the Revised Code to a school district~~	8273
~~delivering a course included in the clearinghouse established~~	8274
~~under section 3353.21 of the Revised Code for a student enrolled~~	8275
~~in a school district, the department shall deduct that amount~~	8276
~~from the school district in which the student is enrolled.~~	8277

Sec. 3317.11. (A) As used in this section:

8278

(1) "Client school district" means a city or exempted village	8279
school district that has entered into an agreement under section	8280
3313.843 of the Revised Code to receive any services from an	8281
educational service center.	8282

(2) "Service center ADM" means the sum of the total student	8283
counts of all local school districts within an educational service	8284
center's territory and all of the service center's client school	8285
districts.	8286

(3) "STEM school" means a science, technology, engineering,	8287
and mathematics school established under Chapter 3326. of the	8288
Revised Code.	8289

(4) "Total student count" has the same meaning as in section	8290
3301.011 of the Revised Code.	8291

(B)(1) The governing board of each educational service center	8292
shall provide supervisory services to each local school district	8293
within the service center's territory. Each city or exempted	8294
village school district that enters into an agreement under	8295
section 3313.843 of the Revised Code for a governing board to	8296
provide any services also is considered to be provided supervisory	8297
services by the governing board. Except as provided in division	8298
(B)(2) of this section, the supervisory services shall not exceed	8299
one supervisory teacher for the first fifty classroom teachers	8300
required to be employed in the districts, as calculated under	8301
section 3317.023 of the Revised Code, and one for each additional	8302
one hundred required classroom teachers, as so calculated.	8303

The supervisory services shall be financed annually through	8304
supervisory units. Except as provided in division (B)(2) of this	8305
section, the number of supervisory units assigned to each district	8306
shall not exceed one unit for the first fifty classroom teachers	8307
required to be employed in the district, as calculated under	8308
section 3317.023 of the Revised Code, and one for each additional	8309
one hundred required classroom teachers, as so calculated. The	8310
cost of each supervisory unit shall be the sum of:	8311

(a) The minimum salary prescribed by section 3317.13 of the	8312
Revised Code for the licensed supervisory employee of the	8313
governing board;	8314

(b) An amount equal to fifteen per cent of the salary	8315
prescribed by section 3317.13 of the Revised Code;	8316

(c) An allowance for necessary travel expenses, limited to	8317
the lesser of two hundred twenty-three dollars and sixteen cents	8318
per month or two thousand six hundred seventy-eight dollars per	8319
year.	8320

(2) If a majority of the boards of education, or	8321
superintendents acting on behalf of the boards, of the local and	8322
client school districts receiving services from the educational	8323
service center agree to receive additional supervisory services	8324
and to pay the cost of a corresponding number of supervisory units	8325
in excess of the services and units specified in division (B)(1)	8326
of this section, the service center shall provide the additional	8327
services as agreed to by the majority of districts to, and the	8328
department of education shall apportion the cost of the	8329
corresponding number of additional supervisory units pursuant to	8330
division (B)(3) of this section among, all of the service center's	8331
local and client school districts.	8332

(3) The department shall apportion the total cost for all	8333
supervisory units among the service center's local and client	8334
school districts based on each district's total student count. The	8335
department shall deduct each district's apportioned share pursuant	8336
to division (E) of section 3317.023 of the Revised Code and pay	8337
the apportioned share to the service center.	8338

(C) The department annually shall deduct from each local and	8339
client school district of each educational service center,	8340
pursuant to division (E) of section 3317.023 of the Revised Code,	8341
and pay to the service center an amount equal to six dollars and	8342
fifty cents times the school district's total student count. The	8343
board of education, or the superintendent acting on behalf of the	8344
board, of any local or client school district may agree to pay an	8345
amount in excess of six dollars and fifty cents per student in	8346
total student count. If a majority of the boards of education, or	8347
superintendents acting on behalf of the boards, of the local	8348
school districts within a service center's territory approve an	8349
amount in excess of six dollars and fifty cents per student in	8350
total student count, the department shall deduct the approved	8351
excess per student amount from all of the local school districts	8352
within the service center's territory and pay the excess amount to	8353
the service center.	8354

(D) The department shall pay each educational service center	8355
the amounts due to it from school districts pursuant to contracts,	8356
compacts, or agreements under which the service center furnishes	8357
services to the districts or their students. In order to receive	8358
payment under this division, an educational service center shall	8359
furnish either a copy of the contract, compact, or agreement	8360
clearly indicating the amounts of the payments, or a written	8361
statement that clearly indicates the payments owed and is signed	8362
by the superintendent or treasurer of the responsible school	8363
district. The amounts paid to service centers under this division	8364
shall be deducted from payments to school districts pursuant to	8365
division (K)(3) of section 3317.023 of the Revised Code.	8366

(E) Each school district's deduction under this section and	8367
divisions (E) and (K)(3) of section 3317.023 of the Revised Code	8368
shall be made from the total payment computed for the district	8369
under this chapter, after making any other adjustments in that	8370
payment required by law.	8371

(F)(1) Except as provided in division (F)(2) of this section,	8372
the department annually shall pay the governing board of each	8373
educational service center state funds equal to thirty-seven	8374
dollars times its service center ADM.	8375

(2) The department annually shall pay state funds equal to	8376
forty dollars and fifty-two cents times the service center ADM to	8377
each educational service center comprising territory that was	8378
included in the territory of at least three former service centers	8379
or county school districts, which former centers or districts	8380
engaged in one or more mergers under section 3311.053 of the	8381
Revised Code to form the present center.	8382

(G) Each city, exempted village, local, joint vocational, or	8383
cooperative education school district shall pay to the governing	8384
board of an educational service center any amounts agreed to for	8385
each child enrolled in the district who receives special education	8386
and related services or career-technical education from the	8387
educational service center, unless these educational services are	8388
provided pursuant to a contract, compact, or agreement for which	8389
the department deducts and transfers payments under division (D)	8390
of this section and division (K)(3) of section 3317.023 of the	8391
Revised Code.	8392

(H) The department annually shall pay the governing board of	8393
each educational service center that has entered into a contract	8394
with a STEM school for the provision of services described in	8395
division (B) of section 3326.45 of the Revised Code state funds	8396
equal to the per-pupil amount specified in the contract for the	8397
provision of those services times the number of students enrolled	8398
in the STEM school.	8399

(I) An educational service center:

8400

(1) May provide special education and career-technical	8401
education to students in its local or client school districts;	8402

(2) Is eligible for transportation funding under division (G)	8403
of section 3317.024 of the Revised Code and for state subsidies	8404
for the purchase of school buses under section 3317.07 of the	8405
Revised Code;	8406

(3) May apply for and receive gifted education units and	8407
provide gifted education services to students in its local or	8408
client school districts;	8409

(4) May conduct driver education for high school students in	8410
accordance with Chapter 4508. of the Revised Code.	8411

Sec. 3317.20. This section does not apply to preschool	8412
children with disabilities.	8413

(A) As used in this section:

8414

(1) "Applicable weight" means the multiple specified in	8415
section 3317.013 of the Revised Code for a disability described in	8416
that section.	8417

(2) "Child's school district" means the school district in	8418
which a child is entitled to attend school pursuant to section	8419
3313.64 or 3313.65 of the Revised Code.	8420

(3) "State share percentage" means the state share percentage	8421
of the child's school district as defined in section 3317.022 of	8422
the Revised Code.	8423

(B) Except as provided in division (C) of this section, the	8424
department shall annually pay each county MR/DD board for each	8425
child with a disability, other than a preschool child with a	8426
disability, for whom the county MR/DD board provides special	8427
education and related services an amount equal to the formula	8428
amount + (state share percentage X formula amount X the	8429
applicable weight).	8430

(C) If any school district places with a county MR/DD board	8431
more children with disabilities than it had placed with a county	8432
MR/DD board in fiscal year 1998, the department shall not make a	8433
payment under division (B) of this section for the number of	8434
children exceeding the number placed in fiscal year 1998. The	8435
department instead shall deduct from the district's payments	8436
under this chapter, and pay to the county MR/DD board, an amount	8437
calculated in accordance with the formula prescribed in division	8438
(B) of this section for each child over the number of children	8439
placed in fiscal year 1998.	8440

(D) The department shall calculate for each county MR/DD	8441
board receiving payments under divisions (B) and (C) of this	8442
section the following amounts:	8443

(1) The amount received by the county MR/DD board for	8444
approved special education and related services units, other than	8445
units for preschool children with disabilities, in fiscal year	8446
1998, divided by the total number of children served in the units	8447
that year;	8448

(2) The product of the quotient calculated under division	8449
(D)(1) of this section times the number of children for whom	8450
payments are made under divisions (B) and (C) of this section.	8451

If the amount calculated under division (D)(2) of this	8452
section is greater than the total amount calculated under	8453
divisions (B) and (C) of this section, the department shall pay	8454
the county MR/DD board one hundred per cent of the difference in	8455
addition to the payments under divisions (B) and (C) of this	8456
section.	8457

(E) Each county MR/DD board shall report to the department,	8458
in the manner specified by the department, the name of each child	8459
for whom the county MR/DD board provides special education and	8460
related services and the child's school district.	8461

(F)(1) For the purpose of verifying the accuracy of the	8462
payments under this section, the department may request from	8463
either of the following entities the data verification code	8464
assigned under division (D)(2) of section 3301.0714 of the Revised	8465
Code to any child who is placed with a county MR/DD board:	8466

(a) The child's school district;

8467

(b) The independent contractor engaged to create and maintain	8468
data verification codes.	8469

(2) Upon a request by the department under division (F)(1) of	8470
this section for the data verification code of a child, the	8471
child's school district shall submit that code to the department	8472
in the manner specified by the department. If the child has not	8473
been assigned a code, the district shall assign a code to that	8474
child and submit the code to the department by a date specified by	8475
the department. If the district does not assign a code to the	8476
child by the specified date, the department shall assign a code to	8477
the child.	8478

The department annually shall submit to each school district	8479
the name and data verification code of each child residing in the	8480
district for whom the department has assigned a code under this	8481
division.	8482

(3) The department shall not release any data verification	8483
code that it receives under division (F) of this section to any	8484
person except as provided by law.	8485

(G) Any document relative to special education and related	8486
services provided by a county MR/DD board that the department	8487
holds in its files that contains both a student's name or other	8488
personally identifiable information and the student's data	8489
verification code shall not be a public record under section	8490
149.43 of the Revised Code.	8491

Sec. 3318.01. As used in sections 3318.01 to 3318.20 of the	8492
Revised Code:	8493

(A) "Ohio school facilities commission" means the commission	8494
created pursuant to section 3318.30 of the Revised Code.	8495

(B) "Classroom facilities" means rooms in which pupils	8496
regularly assemble in public school buildings to receive	8497
instruction and education and such facilities and building	8498
improvements for the operation and use of such rooms as may be	8499
needed in order to provide a complete educational program, and may	8500
include space within which a child care facility or a community	8501
resource center is housed. "Classroom facilities" includes any	8502
space necessary for the operation of a vocational education	8503
program for secondary students in any school district that	8504
operates such a program.	8505

(C) "Project" means a project to construct or acquire	8506
classroom facilities, or to reconstruct or make additions to	8507
existing classroom facilities, to be used for housing the	8508
applicable school district and its functions.	8509

For a district that opts to divide its entire classroom	8510
facilities needs into segments to be completed separately, as	8511
authorized by section 3318.034 of the Revised Code, "project"	8512
means a segment.	8513

(D) "School district" means a local, exempted village, or	8514
city school district as such districts are defined in Chapter	8515
3311. of the Revised Code, acting as an agency of state	8516
government, performing essential governmental functions of state	8517
government pursuant to sections 3318.01 to 3318.20 of the Revised	8518
Code.	8519

For purposes of assistance provided under sections 3318.40 to	8520
3318.45 of the Revised Code, the term "school district" as used in	8521
this section and in divisions (A), (C), and (D) of section 3318.03	8522
and in sections 3318.031, 3318.042, 3318.07, 3318.08, 3318.083,	8523
3318.084, 3318.085, 3318.086, 3318.10, 3318.11, 3318.12, 3318.13,	8524
3318.14, 3318.15, 3318.16, 3318.19, and 3318.20 of the Revised	8525
Code means a joint vocational school district established pursuant	8526
to section 3311.18 of the Revised Code.	8527

(E) "School district board" means the board of education of a	8528
school district.	8529

(F) "Net bonded indebtedness" means the difference between	8530
the sum of the par value of all outstanding and unpaid bonds and	8531
notes which a school district board is obligated to pay and any	8532
amounts the school district is obligated to pay under	8533
lease-purchase agreements entered into under section 3313.375 of	8534
the Revised Code, and the amount held in the sinking fund and	8535
other indebtedness retirement funds for their redemption. Notes	8536
issued for school buses in accordance with section 3327.08 of the	8537
Revised Code, notes issued in anticipation of the collection of	8538
current revenues, and bonds issued to pay final judgments shall	8539
not be considered in calculating the net bonded indebtedness.	8540

"Net bonded indebtedness" does not include indebtedness	8541
arising from the acquisition of land to provide a site for	8542
classroom facilities constructed, acquired, or added to pursuant	8543
to sections 3318.01 to 3318.20 of the Revised Code or the par	8544
value of bonds that have been authorized by the electors and the	8545
proceeds of which will be used by the district to provide any part	8546
of its portion of the basic project cost.	8547

(G) "Board of elections" means the board of elections of the	8548
county containing the most populous portion of the school	8549
district.	8550

(H) "County auditor" means the auditor of the county in which	8551
the greatest value of taxable property of such school district is	8552
located.	8553

(I) "Tax duplicates" means the general tax lists and	8554
duplicates prescribed by sections 319.28 and 319.29 of the Revised	8555
Code.	8556

(J) "Required level of indebtedness" means:

8557

(1) In the case of school districts in the first percentile,	8558
five per cent of the district's valuation for the year preceding	8559
the year in which the controlling board approved the project under	8560
section 3318.04 of the Revised Code.	8561

(2) In the case of school districts ranked in a subsequent	8562
percentile, five per cent of the district's valuation for the year	8563
preceding the year in which the controlling board approved the	8564
project under section 3318.04 of the Revised Code, plus [two	8565
one-hundredths of one per cent multiplied by (the percentile in	8566
which the district ranks for the fiscal year preceding the fiscal	8567
year in which the controlling board approved the district's	8568
project minus one)].	8569

(K) "Required percentage of the basic project costs" means	8570
one per cent of the basic project costs times the percentile in	8571
which the school district ranks for the fiscal year preceding the	8572
fiscal year in which the controlling board approved the district's	8573
project.	8574

(L) "Basic project cost" means a cost amount determined in	8575
accordance with rules adopted under section 111.15 of the Revised	8576
Code by the Ohio school facilities commission. The basic project	8577
cost calculation shall take into consideration the square footage	8578
and cost per square foot necessary for the grade levels to be	8579
housed in the classroom facilities, the variation across the state	8580
in construction and related costs, the cost of the installation of	8581
site utilities and site preparation, the cost of demolition of all	8582
or part of any existing classroom facilities that are abandoned	8583
under the project, the cost of insuring the project until it is	8584
completed, any contingency reserve amount prescribed by the	8585
commission under section 3318.086 of the Revised Code, and the	8586
professional planning, administration, and design fees that a	8587
school district may have to pay to undertake a classroom	8588
facilities project.	8589

For a joint vocational school district that receives	8590
assistance under sections 3318.40 to 3318.45 of the Revised Code,	8591
the basic project cost calculation for a project under those	8592
sections shall also take into account the types of laboratory	8593
spaces and program square footages needed for the vocational	8594
education programs for high school students offered by the school	8595
district.	8596

For a district that opts to divide its entire classroom	8597
facilities needs into segments, each segment to be completed as a	8598
separate project, as authorized by section 3318.034 of the Revised	8599
Code, "basic project cost" means the cost determined in accordance	8600
with this division of a segment.	8601

(M)(1) Except for a joint vocational school district that	8602
receives assistance under sections 3318.40 to 3318.45 of the	8603
Revised Code, a "school district's portion of the basic project	8604
cost" means the amount determined under section 3318.032 of the	8605
Revised Code.	8606

(2) For a joint vocational school district that receives	8607
assistance under sections 3318.40 to 3318.45 of the Revised Code,	8608
a "school district's portion of the basic project cost" means the	8609
amount determined under division (C) of section 3318.42 of the	8610
Revised Code.	8611

(N) "Child care facility" means space within a classroom	8612
facility in which the needs of infants, toddlers, preschool	8613
children, and school children are provided for by persons other	8614
than the parent or guardian of such children for any part of the	8615
day, including persons not employed by the school district	8616
operating such classroom facility.	8617

(O) "Community resource center" means space within a	8618
classroom facility in which comprehensive services that support	8619
the needs of families and children are provided by community-based	8620
social service providers.	8621

(P) "Valuation" means the total value of all property in the	8622
school district as listed and assessed for taxation on the tax	8623
duplicates.	8624

(Q) "Percentile" means the percentile in which the school	8625
district is ranked pursuant to section 3318.011 of the Revised	8626
Code.	8627

(R) "Installation of site utilities" means the installation	8628
of a site domestic water system, site fire protection system, site	8629
gas distribution system, site sanitary system, site storm drainage	8630
system, and site telephone and data system.	8631

(S) "Site preparation" means the earthwork necessary for	8632
preparation of the building foundation system, the paved	8633
pedestrian and vehicular circulation system, playgrounds on the	8634
project site, and lawn and planting on the project site.	8635

Sec. 3318.03. (A) Before conducting an on-site evaluation of	8636
a school district under section 3318.02 of the Revised Code, at	8637
the request of the district board of education, the Ohio school	8638
facilities commission shall examine any classroom facilities needs	8639
assessment that has been conducted by the district and any master	8640
plan developed for meeting the facility needs of the district.	8641

(B) Upon conducting the on-site evaluation under section	8642
3318.02 of the Revised Code, the Ohio school facilities commission	8643
shall make a determination of all of the following:	8644

(1) The needs of the school district for additional classroom	8645
facilities;	8646

(2) The number of classroom facilities to be included in a	8647
project and the basic project cost of constructing, acquiring,	8648
reconstructing, or making additions to each such facility;	8649

(3) The amount of such cost that the school district can	8650
supply from available funds, by the issuance of bonds previously	8651
authorized by the electors of the school district the proceeds of	8652
which can lawfully be used for the project and by the issuance of	8653
bonds under section 3318.05 of the Revised Code;	8654

(4) The remaining amount of such cost that shall be supplied	8655
by the state;	8656

(5) The amount of the state's portion to be encumbered in	8657
accordance with section 3318.11 of the Revised Code in the current	8658
and subsequent fiscal years from funds appropriated for purposes	8659
of sections 3318.01 to 3318.20 of the Revised Code.	8660

For a district that opts to divide its entire classroom	8661
facilities needs into segments to be completed separately, as	8662
authorized by section 3318.034 of the Revised Code, the	8663
determinations made under divisions (B)(1) to (5) of this section	8664
apply only to the segment that currently is proceeding as a	8665
separate project in accordance with section 3318.034 of the	8666
Revised Code.	8667

(C) The commission shall make a determination in favor of	8668
constructing, acquiring, reconstructing, or making additions to a	8669
classroom facility only upon evidence that the proposed project	8670
conforms to sound educational practice, that it is in keeping with	8671
the orderly process of school district reorganization and	8672
consolidation, and that the actual or projected enrollment in each	8673
classroom facility proposed to be included in the project is at	8674
least three hundred fifty pupils. Exceptions shall be authorized	8675
only in those districts where topography, sparsity of population,	8676
and other factors make larger schools impracticable.	8677

If the school district board determines that an existing	8678
facility has historical value or for other good cause determines	8679
that an existing facility should be renovated in lieu of acquiring	8680
a comparable facility by new construction, the commission may	8681
approve the expenditure of project funds for the renovation of	8682
that facility up to but not exceeding one hundred per cent of the	8683
estimated cost of acquiring a comparable facility by new	8684
construction, as long as the commission determines that the	8685
facility when renovated can be operationally efficient, will be	8686
adequate for the future needs of the district, and will comply	8687
with the other provisions of this division.	8688

(D) Sections 125.81 and 153.04 of the Revised Code shall not	8689
apply to classroom facilities constructed under either sections	8690
3318.01 to 3318.20 or sections 3318.40 to 3318.45 of the Revised	8691
Code.	8692

Sec. 3318.032. (A) ~~The~~Except as otherwise provided in	8693
divisions (C) and (D) of this section, the portion of the basic	8694
project cost supplied by the school district shall be the greater	8695
of:	8696

(1) The required percentage of the basic project costs;

8697

(2) An(a) For all districts except a district that opts to	8698
divide its entire classroom facilities needs into segments to be	8699
completed separately as authorized by section 3318.034 of the	8700
Revised Code, an amount necessary to raise the school district's	8701
net bonded indebtedness, as of the date the controlling board	8702
approved the project, to within five thousand dollars of the	8703
required level of indebtedness.;	8704

(b) For a district that opts to divide its entire classroom	8705
facilities needs into segments to be completed separately as	8706
authorized by section 3318.034 of the Revised Code, an amount	8707
necessary to raise the school district's net bonded indebtedness,	8708
as of the date the controlling board approved the segment as a	8709
separate project, to within five thousand dollars of the	8710
following:	8711

The required level of indebtedness X (the basic	8712

project cost of the segment as approved as a separate	8713

project by the controlling board / the estimated basic	8714

project cost of the district's entire classroom facilities	8715

needs as determined jointly by the staff of the Ohio school	8716

facilities commission and the district)	8717

(B) The amount of the district's share determined under this	8718
section shall be calculated only as of the date the controlling	8719
board approved the project, and that amount applies throughout the	8720
one-year period permitted under section 3318.05 of the Revised	8721
Code for the district's electors to approve the propositions	8722
described in that section. If the amount reserved and encumbered	8723
for a project is released because the electors do not approve	8724
those propositions within that year, and the school district later	8725
receives the controlling board's approval for the project, the	8726
district's portion shall be recalculated in accordance with this	8727
section as of the date of the controlling board's subsequent	8728
approval.	8729

(C) ~~Notwithstanding anything to the contrary in division (A)~~	8730
~~or (B) of this section, at~~At no time shall a school district's	8731
portion of the basic project cost be greater than ninety-five per	8732
cent of the total basic project cost.	8733

(D) If the controlling board approves a project under	8734
sections 3318.01 to 3318.20 of the Revised Code for a school	8735
district that previously received assistance under those sections	8736
or section 3318.37 of the Revised Code within the twenty-year	8737
period prior to the date on which the controlling board approves	8738
the new project, the district's portion of the basic project cost	8739
for the new project shall be the lesser of the following:	8740

(1) The portion calculated under division (A) of this	8741
section;	8742

(2) The greater of the following:

8743

(a) The required percentage of the basic project costs for	8744
the new project;	8745

(b) The percentage of the basic project cost paid by the	8746
district for the previous project.	8747

Sec. 3318.033. (A) As used in this section:

8748

(1) "Formula ADM" has the same meaning as in section 3317.02	8749
of the Revised Code.	8750

(2) "Open enrollment net gain" has the same meaning as in	8751
section 3318.011 of the Revised Code.	8752

(B) This section applies to each school district that meets	8753
the following criteria:	8754

(1) The Ohio school facilities commission certified its	8755
conditional approval of the district's project under sections	8756
3318.01 to 3318.20 of the Revised Code after July 1, 2006, and	8757
prior to September 29, 2007, and the project had not been	8758
completed as of September 29, 2007.	8759

(2) Within one year after the date of the commission's	8760
certification of its conditional approval, the district's electors	8761
approved a bond issue to pay the district's portion of the basic	8762
project cost or the district board of education complied with	8763
section 3318.052 of the Revised Code.	8764

(3) In the fiscal year prior to the fiscal year in which the	8765
district's project was conditionally approved, the district had an	8766
open enrollment net gain that was ten per cent or more of its	8767
formula ADM.	8768

(C) For each school district to which this section applies,	8769
the department of education shall recalculate the district's	8770
percentile ranking under section 3318.011 of the Revised Code for	8771
the fiscal year prior to the fiscal year in which the district's	8772
project was conditionally approved and shall report the	8773
recalculated percentile ranking to the commission. For this	8774
purpose, the department shall recalculate every school district's	8775
percentile ranking for that fiscal year using the district's	8776
"valuation per pupil" as that term is defined in section 3318.011	8777
of the Revised Code on and after September 29, 2007.	8778

(D) For each school district to which this section applies,	8779
the commission shall use the recalculated percentile ranking	8780
reported under division (C) of this section to determine the	8781
district's portion of the basic project cost under section	8782
3318.032 of the Revised Code. The commission shall not use the	8783
recalculated percentile ranking for any other purpose, and the	8784
recalculated ranking shall not affect any other district's portion	8785
of the basic project cost under section 3318.032 of the Revised	8786
Code or any district's eligibility for assistance under sections	8787
3318.01 to 3318.20 of the Revised Code. The commission shall	8788
revise the agreement entered into under section 3318.08 of the	8789
Revised Code to reflect the district's new portion of the basic	8790
project cost as determined under this division.	8791

Sec. 3318.034. (A) This section applies to any school	8792
district that is offered assistance under sections 3318.01 to	8793
3318.20 of the Revised Code on or after the effective date of this	8794
section.	8795

Notwithstanding any provision of this chapter to the	8796
contrary, with the approval of the Ohio school facilities	8797
commission, any school district to which this section applies may	8798
opt to divide the district's entire classroom facilities needs, as	8799
those needs are jointly determined by the staff of the commission	8800
and the school district, into discrete segments and may proceed	8801
with each segment sequentially as a separate project under those	8802
sections. That project shall comply with all of the provisions of	8803
those sections unless otherwise provided in this section.	8804

(B) Each segment shall comply with all of the following:

8805

(1) The segment shall consist of the new construction of one	8806
or more entire buildings or the complete renovation of one or more	8807
entire existing buildings, with any necessary additions to that	8808
building.	8809

(2) The segment shall not include any construction of or	8810
renovation or repair to any building that does not complete the	8811
needs of the district with respect to that particular building at	8812
the time the segment is completed.	8813

(3) The segment shall consist of new construction,	8814
renovations, additions, reconstruction, or repair of classroom	8815
facilities to the extent that the school district portion, as	8816
determined under section 3318.032 of the Revised Code, is an	8817
amount not less than the amount that likely would be generated	8818
from a property tax of three mills times the district's valuation	8819
for twenty-three years, unless the district previously has	8820
undertaken a segment as a separate project under this section and	8821
the district's portion of the estimated basic project cost of the	8822
remainder of its entire classroom facilities needs, as determined	8823
jointly by the staff of the commission and the district, is less	8824
than the amount otherwise required by this division.	8825

(C) The commission shall conditionally approve and seek	8826
controlling board approval in accordance with division (A) of	8827
section 3318.04 of the Revised Code of each segment, at the time	8828
it is proposed, as a separate project. Approval by the voting	8829
members of the commission or the controlling board of the	8830
district's entire classroom facilities needs, as determined	8831
jointly by the staff of the commission and district, shall not be	8832
required. If the commission conditionally approves and the	8833
controlling board approves the segment as a separate project, the	8834
district board accepts that approval pursuant to section 3318.05	8835
of the Revised Code, and the district electors approve any bond	8836
issuance and taxes necessary to pay the district's portion of the	8837
basic project cost or the district board otherwise raises	8838
sufficient funds, as authorized by this chapter, to pay the	8839
district's portion of the basic project cost, the commission	8840
shall enter into an agreement with the district board under	8841
section 3318.08 of the Revised Code for the segment as a separate	8842
project. That agreement shall include an acknowledgment that the	8843
project covered by the agreement is only one segment of the	8844
district's entire classroom facilities needs, as determined	8845
jointly by the staff of the commission and the district, and that	8846
the district may proceed with future segments under this section	8847
at a later time, as prescribed in division (D) of this section.	8848
The commission and the district board shall enter into a separate	8849
agreement under section 3318.08 of the Revised Code for each	8850
segment.	8851

(D) A school district that undertakes a segment of its entire	8852
classroom facilities needs, as determined jointly by the staff of	8853
the commission and the district, as a separate project may	8854
undertake a subsequent segment as another separate project at any	8855
time, as long as the current percentile of the district is	8856
eligible for assistance under section 3318.02 of the Revised Code.	8857

(E) The school district portion of the basic project cost of	8858
each segment undertaken as a separate project under this section	8859
shall be determined under section 3318.032 of the Revised Code	8860
using the district's current percentile.	8861

(F) The school district's maintenance levy requirement, as	8862
defined in section 3318.18 of the Revised Code, shall run for	8863
twenty-three years from the date the first segment is undertaken.	8864

Sec. 3318.04. (A) If the Ohio school facilities commission	8865
makes a determination under section 3318.03 of the Revised Code in	8866
favor of constructing, acquiring, reconstructing, or making	8867
additions to a classroom facility, the project shall be	8868
conditionally approved. Such conditional approval shall be	8869
submitted to the controlling board for approval thereof. The	8870
controlling board shall forthwith approve or reject the	8871
commission's determination, conditional approval, the amount of	8872
the state's portion of the basic project cost, and, the amount of	8873
the state's portion to be encumbered in the current fiscal year.	8874
In the event of approval thereof by the controlling board, the	8875
commission shall certify such conditional approval to the school	8876
district board and shall encumber from the total funds	8877
appropriated for the purpose of sections 3318.01 to 3318.20 of the	8878
Revised Code the amount approved under this section to be	8879
encumbered in the current fiscal year.	8880

The basic project cost for a project approved under this	8881
section shall not exceed the cost that would otherwise have to be	8882
incurred if the classroom facilities to be constructed, acquired,	8883
or reconstructed, or the additions to be made to classroom	8884
facilities, under such project meet, but do not exceed, the	8885
specifications for plans and materials for classroom facilities	8886
adopted by the commission.	8887

(B)(1) No school district shall have a project conditionally	8888
approved pursuant to this section if the school district has	8889
already received any assistance for a project funded under any	8890
version of sections 3318.01 to 3318.20 of the Revised Code, and	8891
the prior project was one for which the electors of such district	8892
approved a levy within the last twenty years pursuant to any	8893
version of section 3318.06 of the Revised Code for purposes of	8894
qualifying for the funding of that project, unless the district	8895
demonstrates to the satisfaction of the commission that the	8896
district has experienced since approval of its prior project an	8897
exceptional increase in enrollment significantly above the	8898
district's design capacity under that prior project as determined	8899
by rule of the commission.	8900

(2) Notwithstanding division (B)(1) of this section, any	8901
school district that received assistance under sections 3318.01 to	8902
3318.20 of the Revised Code, as those sections existed prior to	8903
May 20, 1997, may receive additional assistance under those	8904
sections, as they exist on and after May 20, 1997, prior to the	8905
expiration of the period of time required under division (B)(1) of	8906
this section, if the percentile in which the school district is	8907
located, as determined under section 3318.011 of the Revised Code,	8908
is eligible for assistance as prescribed in section 3318.02 of the	8909
Revised Code.	8910

The commission may provide assistance under sections 3318.01	8911
to 3318.20 of the Revised Code pursuant to this division to no	8912
more than five school districts per fiscal year until all eligible	8913
school districts have received the additional assistance	8914
authorized under this division. The commission shall establish	8915
application procedures, deadlines, and priorities for funding	8916
projects under this division.	8917

The commission at its discretion may waive current design	8918
specifications it has adopted for projects under sections 3318.01	8919
to 3318.20 of the Revised Code when assessing an application for	8920
additional assistance under this division for the renovation of	8921
classroom facilities constructed or renovated under a school	8922
district's previous project. If the commission finds that a	8923
school district's existing classroom facilities are adequate to	8924
meet all of the school district's needs, the commission may	8925
determine that no additional state assistance be awarded to a	8926
school district under this division.	8927

In order for a school district to be eligible to receive any	8928
additional assistance under this division, the school district	8929
electors shall extend the school district's existing levy	8930
dedicated for maintenance of classroom facilities under Chapter	8931
3318. of the Revised Code, pursuant to section 3318.061 of the	8932
Revised Code or shall provide equivalent alternative maintenance	8933
funds as specified in division (A)(2) of section 3318.06 of the	8934
Revised Code.	8935

(3) Notwithstanding division (B)(1) of this section, any	8936
school district that has received assistance under sections	8937
3318.01 to 3318.20 of the Revised Code after May 20, 1997, may	8938
receive additional assistance if the commission decides in favor	8939
of providing such assistance pursuant to section 3318.042 of the	8940
Revised Code.	8941

(4) Notwithstanding division (B)(1) of this section, any	8942
school district that has opted to divide its entire classroom	8943
facilities needs into segments to be completed separately, as	8944
authorized by section 3318.034 of the Revised Code, and that has	8945
received assistance under sections 3318.01 to 3318.20 of the	8946
Revised Code for one of those segments may receive assistance	8947
under those sections for a subsequent segment. Assistance for any	8948
subsequent segment shall not include any additional work on a	8949
building included in a prior segment unless the district	8950
demonstrates to the satisfaction of the commission that the	8951
district has experienced since the completion of the prior segment	8952
an exceptional increase in enrollment in the grade levels housed	8953
in that building.	8954

Sec. 3323.30. ~~The Ohio center for autism and low incidence~~	8955
~~is hereby established within the department of education's office~~	8956
~~for exceptional children, or any successor of that office. The~~	8957
~~center shall administer programs and coordinate services for~~	8958
~~infants, preschool and school-age children, and adults with autism~~	8959
~~and low incidence disabilities. The center's principal focus shall~~	8960
~~be programs and services for persons with autism. The center shall~~	8961
~~be under the direction of an executive director, appointed by the~~	8962
~~superintendent of public instruction in consultation with the~~	8963
~~advisory board established under section 3323.31 of the Revised~~	8964
~~Code. The department shall use state and federal funds~~	8965
~~appropriated to the department for operation of the center.~~	8966

As used in ~~this section and in~~ sections 3323.31 to ~~3323.33~~	8967
3323.35 of the Revised Code, "autism and low incidence	8968
disabilities" includes any of the following:	8969

(A) Autism;

8970

(B) Hearing impairment;

8971

8972

(D) Orthopedic disability;

8973

(E) Other health impairment;

8974

(F) Traumatic brain injury;

8975

(G) Visual impairment.

8976

Sec. 3323.31. The Franklin county educational service center	8977
shall establish the Ohio Center for Autism and Low Incidence. The	8978
Center shall administer programs and coordinate services for	8979
infants, preschool and school-age children, and adults with autism	8980
and low incidence disabilities. The Center's principal focus shall	8981
be programs and services for persons with autism. The Center shall	8982
be under the direction of an executive director, appointed by the	8983
superintendent of the service center in consultation with the	8984
advisory board established under section 3323.33 of the Revised	8985
Code.	8986

In addition to its other duties, the Ohio Center for Autism	8987
and Low Incidence shall participate as a member of an interagency	8988
workgroup on autism, as it is established by the department of	8989
mental retardation and developmental disabilities and shall	8990
provide technical assistance and support to the department in the	8991
department's leadership role to develop and implement the	8992
initiatives identified by the workgroup.	8993

Sec. 3323.32. (A) The department of education shall contract	8994
with an entity to administer programs and coordinate services for	8995
infants, preschool and school-age children, and adults with	8996
autism and low incidence disabilities. The entity shall be	8997
selected by the superintendent of public instruction in	8998
consultation with the advisory board established under section	8999
3323.33 of the Revised Code.	9000

The contract with the entity selected shall include, but not	9001
be limited to, the following provisions:	9002

(1) A description of the programs to be administered and	9003
services to be provided or coordinated by the entity, which shall	9004
include at least the duties prescribed by sections 3323.34 and	9005
3323.35 of the Revised Code;	9006

(2) A description of the expected outcomes from the programs	9007
administered and services provided or coordinated by the entity;	9008

(3) A stipulation that the entity's performance is subject to	9009
evaluation by the department and renewal of the entity's contract	9010
is subject to the department's satisfaction with the entity's	9011
performance;	9012

(4) A description of the measures and milestones the	9013
department will use to determine whether the performance of the	9014
entity is satisfactory;	9015

(5) Any other provision the department determines is	9016
necessary to ensure the quality of services to individuals with	9017
autism and low incidence disabilities.	9018

(B) In selecting the entity under division (A) of this	9019
section, the superintendent and the advisory board shall give	9020
primary consideration to the Ohio Center for Autism and Low	9021
Incidence, established under section 3323.31 of the Revised Code,	9022
as long as the principal goals and mission of the Center, as	9023
determined by the superintendent and the advisory board, are	9024
consistent with the requirements of divisions (A)(1) to (5) of	9025
this section.	9026

~~Sec. 3323.31.~~ Sec. 3323.33. The superintendent of public	9027
instruction shall establish an advisory board to assist and	9028
advise the ~~department of education~~Franklin county educational	9029
service center in the operation of the Ohio ~~center for autism and~~	9030
~~low incidence~~Center for Autism and Low Incidence and the	9031
superintendent of public instruction in selecting an entity to	9032
administer programs and coordinate services for individuals with	9033
autism and low incidence disabilities as required by section	9034
3323.32 of the Revised Code and to provide technical assistance	9035
in the provision of such services. As determined by the	9036
superintendent, the advisory board shall consist of individuals	9037
who are stakeholders in the service to persons with autism and	9038
low incidence disabilities, including, but not limited to, the	9039
following:	9040

(A) Persons with autism and low incidence disabilities;

9041

(B) Parents and family members;

9042

9043

(D) Higher education instructors;

9044

(E) Representatives of state agencies.

9045

The advisory board shall be organized as determined by the	9046
superintendent.	9047

Members of the advisory board shall receive no compensation	9048
for their services.	9049

~~Sec. 3323.32.~~ Sec. 3323.34. The ~~Ohio center for autism and low~~	9050
~~incidence~~entity selected under section 3323.32 of the Revised	9051
Code shall do all of the following:	9052

(A) Collaborate and consult with state agencies that serve	9053
persons with autism and low incidence disabilities;	9054

(B) Collaborate and consult with institutions of higher	9055
education in development and implementation of courses for	9056
educators and other professionals serving persons with autism and	9057
low incidence disabilities;	9058

9059

(D) Create and implement programs for professional	9060
development, technical assistance, intervention services, and	9061
research in the treatment of persons with autism and low incidence	9062
disabilities;	9063

(E) Create a regional network for communication and	9064
dissemination of information among educators and professionals	9065
serving persons with autism and low incidence disabilities. The	9066
regional network shall address educational services, evaluation,	9067
diagnosis, assistive technology, family support, leisure and	9068
recreational activities, transition, employment and adult	9069
services, and medical care for persons with autism and low	9070
incidence disabilities.	9071

(F) Develop a statewide clearinghouse for information about	9072
autism spectrum disorders and low incidence disabilities, as	9073
described in section ~~3323.33~~3323.35 of the Revised Code.	9074

~~Sec. 3323.33.~~ Sec. 3323.35. In developing a clearinghouse for	9075
information about autism spectrum disorders and low incidence	9076
disabilities, as required under section ~~3323.32~~3323.34 of the	9077
Revised Code, the ~~Ohio center for autism and low incidence~~entity	9078
selected under section 3323.32 of the Revised Code shall do all	9079
of the following:	9080

(A) Maintain a collection of resources for public	9081
distribution;	9082

(B) Monitor information on resources, trends, policies,	9083
services, and current educational interventions;	9084

(C) Respond to requests for information from parents and	9085
educators of children with autism and low incidence disabilities.	9086

Sec. 3323.36. (A) As used in this section, "preschool	9087
children" means children who are at least three years of age but	9088
are not of compulsory school age, as defined in section 3321.01 of	9089
the Revised Code, and are not currently enrolled in kindergarten.	9090

(B) The executive director of the Ohio center for autism and	9091
low incidence, working in consultation with the director of mental	9092
retardation and developmental disabilities, shall establish the	9093
autism preschool program under which grants are to be provided to	9094
one or more entities for the purpose of assisting the entities	9095
operate programs to improve the lives of preschool children who	9096
have a primary diagnosis of autism by doing all of the following:	9097

(1) Establishing a preschool model that incorporates elements	9098
common to effective intervention programs and evidence-based	9099
practices in autism and that may be used by other entities;	9100

(2) Designing a template for individualized education plans	9101
that provides for consistent intervention programs and	9102
evidence-based practices for the care and treatment of children	9103
with autism;	9104

(3) Creating best practices guidelines to be disseminated to	9105
the families of preschool children with a primary diagnosis of	9106
autism and professionals who work in the field of autism;	9107

(4) Developing a transition planning model for effectively	9108
mainstreaming children with a primary diagnosis of autism to their	9109
public school district after the children attain five years of age	9110
in a manner that reduces the amount of services the children need	9111
to be mainstreamed;	9112

(5) Contributing to the field of early intervention programs	9113
for autism through scholarly research and publication of clinical	9114
findings.	9115

(C) An entity must meet all of the following requirements to	9116
be eligible for a grant under the autism preschool program:	9117

(1) Be a nonprofit organization that is exempt from federal	9118
income taxation pursuant to 26 U.S.C. 501(a) and (c)(3);	9119

(2) Have experience providing services to children and adults	9120
with mental retardation or a developmental disability, including	9121
autism;	9122

(3) Work in collaboration with universities and healthcare	9123
organizations that have expertise in autism and related	9124
disabilities to design and implement services for preschool	9125
children with a primary diagnosis of autism;	9126

(4) Provide at least the following services as ancillary	9127
services to preschool children with a primary diagnosis of autism:	9128

(a) Physical therapy;

9129

(b) Occupational therapy;

9130

9131

(d) Assistive technology.

9132

Sec. 3326.45. (A) The governing body of a science,	9133
technology, engineering, and mathematics school may contract with	9134
the governing board of an educational service center or the board	9135
of education of a joint vocational school district for the	9136
provision of services to the STEM school or to any student	9137
enrolled in the school. Services provided under the contract and	9138
the amount to be paid for those services shall be mutually agreed	9139
to by the parties to the contract, and shall be specified in the	9140
contract.	9141

(B) A contract entered into under this section may require an	9142
educational service center to provide any one or a combination of	9143
the following services to a STEM school:	9144

(1) Supervisory teachers;

9145

(2) In-service and continuing education programs for	9146
personnel of the STEM school;	9147

(3) Curriculum services as provided to the local school	9148
districts under the supervision of the service center;	9149

(4) Research and development programs;

9150

(5) Academic instruction for which the service center	9151
governing board employs teachers;	9152

(6) Assistance in the provision of special accommodations and	9153
classes for students with disabilities.	9154

Services described in division (B) of this section shall be	9155
provided to the STEM school in the same manner they are provided	9156
to local school districts under the service center's supervision,	9157
unless otherwise specified in the contract. The contract shall	9158
specify whether the service center will receive a per-pupil	9159
payment from the department of education for the provision of	9160
these services and, if so, the amount of the per-pupil payment,	9161
which shall not exceed the per-pupil amount paid to the service	9162
center under division (F) of section 3317.11 of the Revised Code	9163
for each student in the service center ADM.	9164

(C) For each contract entered into under this section, the	9165
department shall deduct the amount owed by the STEM school from	9166
the state funds due to the STEM school under this chapter and	9167
shall pay that amount to the educational service center or joint	9168
vocational school district that is party to the contract. In the	9169
case of a contract with an educational service center that	9170
specifies per-pupil payments for the provision of services	9171
described in division (B) of this section, the department also	9172
shall pay the service center the amount calculated under division	9173
(H) of section 3317.11 of the Revised Code.	9174

(D) No contract entered into under this section shall be	9175
valid unless a copy is filed with the department by the first day	9176
of the school year for which the contract is in effect.	9177

Sec. 3333.04. The chancellor of the Ohio board of regents	9178
shall:	9179

(A) Make studies of state policy in the field of higher	9180
education and formulate a master plan for higher education for the	9181
state, considering the needs of the people, the needs of the	9182
state, and the role of individual public and private institutions	9183
within the state in fulfilling these needs;	9184

(B)(1) Report annually to the governor and the general	9185
assembly on the findings from the chancellor's studies and the	9186
master plan for higher education for the state;	9187

(2) Report at least semiannually to the general assembly and	9188
the governor the enrollment numbers at each state-assisted	9189
institution of higher education.	9190

(C) Approve or disapprove the establishment of new branches	9191
or academic centers of state colleges and universities;	9192

(D) Approve or disapprove the establishment of state	9193
technical colleges or any other state institution of higher	9194
education;	9195

(E) Recommend the nature of the programs, undergraduate,	9196
graduate, professional, state-financed research, and public	9197
services which should be offered by the state colleges,	9198
universities, and other state-assisted institutions of higher	9199
education in order to utilize to the best advantage their	9200
facilities and personnel;	9201

(F) Recommend to the state colleges, universities, and other	9202
state-assisted institutions of higher education graduate or	9203
professional programs, including, but not limited to, doctor of	9204
philosophy, doctor of education, and juris doctor programs, that	9205
could be eliminated because they constitute unnecessary	9206
duplication, as shall be determined using the process developed	9207
pursuant to this division, or for other good and sufficient cause.	9208
Prior to recommending a program for elimination, the chancellor	9209
shall request the board of regents to hold at least one public	9210
hearing on the matter and advise the chancellor on whether the	9211
program should be recommended for elimination. The board shall	9212
provide notice of each hearing within a reasonable amount of time	9213
prior to its scheduled date. Following the hearing, the board	9214
shall issue a recommendation to the chancellor. The chancellor	9215
shall consider the board's recommendation but shall not be	9216
required to accept it.	9217

For purposes of determining the amounts of any state	9218
instructional subsidies paid to state colleges, universities, and	9219
other state-assisted institutions of higher education, the	9220
chancellor may exclude students enrolled in any program that the	9221
chancellor has recommended for elimination pursuant to this	9222
division except that the chancellor shall not exclude any such	9223
student who enrolled in the program prior to the date on which the	9224
chancellor initially commences to exclude students under this	9225
division.	9226

The chancellor and state colleges, universities, and other	9227
state-assisted institutions of higher education shall jointly	9228
develop a process for determining which existing graduate or	9229
professional programs constitute unnecessary duplication.	9230

(G) Recommend to the state colleges, universities, and other	9231
state-assisted institutions of higher education programs which	9232
should be added to their present programs;	9233

(H) Conduct studies for the state colleges, universities, and	9234
other state-assisted institutions of higher education to assist	9235
them in making the best and most efficient use of their existing	9236
facilities and personnel;	9237

(I) Make recommendations to the governor and general assembly	9238
concerning the development of state-financed capital plans for	9239
higher education; the establishment of new state colleges,	9240
universities, and other state-assisted institutions of higher	9241
education; and the establishment of new programs at the existing	9242
state colleges, universities, and other institutions of higher	9243
education;	9244

(J) Review the appropriation requests of the public community	9245
colleges and the state colleges and universities and submit to the	9246
office of budget and management and to the chairpersons of the	9247
finance committees of the house of representatives and of the	9248
senate the chancellor's recommendations in regard to the biennial	9249
higher education appropriation for the state, including	9250
appropriations for the individual state colleges and universities	9251
and public community colleges. For the purpose of determining the	9252
amounts of instructional subsidies to be paid to state-assisted	9253
colleges and universities, the chancellor shall define "full-time	9254
equivalent student" by program per academic year. The definition	9255
may take into account the establishment of minimum enrollment	9256
levels in technical education programs below which support	9257
allowances will not be paid. Except as otherwise provided in this	9258
section, the chancellor shall make no change in the definition of	9259
"full-time equivalent student" in effect on November 15, 1981,	9260
which would increase or decrease the number of subsidy-eligible	9261
full-time equivalent students, without first submitting a fiscal	9262
impact statement to the president of the senate, the speaker of	9263
the house of representatives, the legislative service commission,	9264
and the director of budget and management. The chancellor shall	9265
work in close cooperation with the director of budget and	9266
management in this respect and in all other matters concerning the	9267
expenditures of appropriated funds by state colleges,	9268
universities, and other institutions of higher education.	9269

(K) Seek the cooperation and advice of the officers and	9270
trustees of both public and private colleges, universities, and	9271
other institutions of higher education in the state in performing	9272
the chancellor's duties and making the chancellor's plans,	9273
studies, and recommendations;	9274

(L) Appoint advisory committees consisting of persons	9275
associated with public or private secondary schools, members of	9276
the state board of education, or personnel of the state department	9277
of education;	9278

(M) Appoint advisory committees consisting of college and	9279
university personnel, or other persons knowledgeable in the field	9280
of higher education, or both, in order to obtain their advice and	9281
assistance in defining and suggesting solutions for the problems	9282
and needs of higher education in this state;	9283

(N) Approve or disapprove all new degrees and new degree	9284
programs at all state colleges, universities, and other	9285
state-assisted institutions of higher education;	9286

(O) Adopt such rules as are necessary to carry out the	9287
chancellor's duties and responsibilities. The rules shall	9288
prescribe procedures for the chancellor to follow when taking	9289
actions associated with the chancellor's duties and	9290
responsibilities and shall indicate which types of actions are	9291
subject to those procedures. The procedures adopted under this	9292
division shall be in addition to any other procedures prescribed	9293
by law for such actions. However, if any other provision of the	9294
Revised Code or rule adopted by the chancellor prescribes	9295
different procedures for such an action, the procedures adopted	9296
under this division shall not apply to that action to the extent	9297
they conflict with the procedures otherwise prescribed by law. The	9298
procedures adopted under this division shall include at least the	9299
following:	9300

(1) Provision for public notice of the proposed action;

9301

(2) An opportunity for public comment on the proposed action,	9302
which may include a public hearing on the action by the board of	9303
regents;	9304

(3) Methods for parties that may be affected by the proposed	9305
action to submit comments during the public comment period;	9306

(4) Submission of recommendations from the board of regents	9307
regarding the proposed action, at the request of the chancellor;	9308

(5) Written publication of the final action taken by the	9309
chancellor and the chancellor's rationale for the action;	9310

(6) A timeline for the process described in divisions (O)(1)	9311
to (5) of this section.	9312

(P) Establish and submit to the governor and the general	9313
assembly a clear and measurable set of goals and timetables for	9314
their achievement for each program under the chancellor's	9315
supervision that is designed to accomplish any of the following:	9316

(1) Increased access to higher education;

9317

(2) Job training;

9318

(3) Adult literacy;

9319

(4) Research;

9320

(5) Excellence in higher education;

9321

(6) Reduction in the number of graduate programs within the	9322
same subject area.	9323

In July of each odd-numbered year, the chancellor shall	9324
submit to the governor and the general assembly a report on	9325
progress made toward these goals.	9326

(Q) Make recommendations to the governor and the general	9327
assembly regarding the design and funding of the student financial	9328
aid programs specified in sections 3333.12, 3333.122, 3333.21 to	9329
3333.27, and 5910.02 of the Revised Code;	9330

(R) Participate in education-related state or federal	9331
programs on behalf of the state and assume responsibility for the	9332
administration of such programs in accordance with applicable	9333
state or federal law;	9334

(S) Adopt rules for student financial aid programs as	9335
required by sections 3333.12, 3333.122, 3333.21 to 3333.27,	9336
3333.28, and 5910.02 of the Revised Code, and perform any other	9337
administrative functions assigned to the chancellor by those	9338
sections;	9339

(T) ~~Administer contracts under sections 3702.74 and 3702.75~~	9340
~~of the Revised Code in accordance with rules adopted by the~~	9341
~~director of health under section 3702.79 of the Revised Code;~~	9342

~~(U)~~ Conduct enrollment audits of state-supported institutions	9343
of higher education;	9344

~~(V)~~(U) Appoint ~~consortiums~~consortia of college and	9345
university personnel to advise or participate in the development	9346
and operation of statewide collaborative efforts, including the	9347
Ohio supercomputer center, the Ohio academic resources network,	9348
OhioLink, and the Ohio learning network. For each consortium, the	9349
chancellor shall designate a college or university to serve as	9350
that consortium's fiscal agent, financial officer, and employer.	9351
Any funds appropriated for the ~~consortiums~~consortia shall be	9352
distributed to the fiscal agents for the operation of the	9353
~~consortiums~~consortia. A consortium shall follow the rules of the	9354
college or university that serves as its fiscal agent. The	9355
chancellor may restructure existing consortia, appointed under	9356
this division, in accordance with procedures adopted under	9357
divisions (D)(1) to (6) of this section.	9358

~~(W)~~(V) Adopt rules establishing advisory duties and	9359
responsibilities of the board of regents not otherwise prescribed	9360
by law;	9361

~~(X)~~(W) Respond to requests for information about higher	9362
education from members of the general assembly and direct staff to	9363
conduct research or analysis as needed for this purpose.	9364

Sec. 3333.044. (A) The chancellor of the Ohio board of	9365
regents may contract with any consultants that are necessary for	9366
the discharge of the chancellor's duties under this chapter.	9367

(B) The chancellor may purchase, upon the terms that the	9368
chancellor determines to be advisable, one or more policies of	9369
insurance from insurers authorized to do business in this state	9370
that insure consultants who have contracted with the chancellor	9371
under division (A) of this section or members of an advisory	9372
committee appointed under section 3333.04 of the Revised Code,	9373
with respect to the activities of the consultants or advisory	9374
committee members in the course of the performance of their	9375
responsibilities as consultants or advisory committee members.	9376

(C) Subject to the approval of the controlling board, the	9377
chancellor may contract with any entities for the discharge of the	9378
chancellor's duties and responsibilities under any of the programs	9379
established pursuant to sections 3333.12, 3333.122, 3333.21 to	9380
3333.28, ~~3702.71 to 3702.81,~~ and 5120.55, and Chapter 5910. of the	9381
Revised Code. The chancellor shall not enter into a contract under	9382
this division unless the proposed contractor demonstrates that its	9383
primary purpose is to promote access to higher education by	9384
providing student financial assistance through loans, grants, or	9385
scholarships, and by providing high quality support services and	9386
information to students and their families with regard to such	9387
financial assistance.	9388

Chapter 125. of the Revised Code does not apply to contracts	9389
entered into pursuant to this section. In awarding contracts under	9390
this division, the chancellor shall consider factors such as the	9391
cost of the administration of the contract, the experience of the	9392
contractor, and the contractor's ability to properly execute the	9393
contract.	9394

Sec. 3333.122. (A) As used in this section:

9395

(1) "Eligible student" means a student who is:

9396

(a) An Ohio resident who first enrolls in an undergraduate	9397
program in the 2006-2007 academic year or thereafter;	9398

(b) If the student first enrolled in an undergraduate	9399
program in the 2006-2007 or, 2007-2008, or 2008-2009 academic	9400
year, the student is enrolled in ~~either~~one of the following:	9401

(i) An accredited institution of higher education in this	9402
state that meets the requirements of Title VI of the Civil Rights	9403
Act of 1964 and is state-assisted, is nonprofit and has a	9404
certificate of authorization pursuant to Chapter 1713. of the	9405
Revised Code, has a certificate of registration from the state	9406
board of career colleges and schools and program authorization to	9407
award an associate or bachelor's degree, or is a private	9408
institution exempt from regulation under Chapter 3332. of the	9409
Revised Code as prescribed in section 3333.046 of the Revised	9410
Code. Students who attend an institution that holds a certificate	9411
of registration shall be enrolled in a program leading to an	9412
associate or bachelor's degree for which associate or bachelor's	9413
degree program the institution has program authorization issued	9414
under section 3332.05 of the Revised Code.	9415

(ii) A technical education program of at least two years	9416
duration sponsored by a private institution of higher education in	9417
this state that meets the requirements of Title VI of the Civil	9418
Rights Act of 1964;	9419

(iii) A nursing diploma program approved by the board of	9420
nursing under division (A)(5) of section 4723.06 of the Revised	9421
Code and that meets the requirements of Title VI of the Civil	9422
Rights Act of 1964.	9423

(c) If the student first enrolled in an undergraduate program	9424
after the ~~2007-2008~~2008-2009 academic year, the student is	9425
enrolled in ~~either~~one of the following:	9426

(i) An accredited institution of higher education in this	9427
state that meets the requirements of Title VI of the Civil Rights	9428
Act of 1964 and is state-assisted, is nonprofit and has a	9429
certificate of authorization pursuant to Chapter 1713. of the	9430
Revised Code, or is a private institution exempt from regulation	9431
under Chapter 3332. of the Revised Code as prescribed in section	9432
3333.046 of the Revised Code;	9433

(ii) An education program of at least two years duration	9434
sponsored by a private institution of higher education in this	9435
state that meets the requirements of Title VI of the Civil Rights	9436
Act of 1964 and has a certificate of authorization pursuant to	9437
Chapter 1713. of the Revised Code;	9438

(iii) A nursing diploma program approved by the board of	9439
nursing under division (A)(5) of section 4723.06 of the Revised	9440
Code and that meets the requirements of Title VI of the Civil	9441
Rights Act of 1964.	9442

(2) A student who participated in either the early college	9443
high school program administered by the department of education or	9444
in the post-secondary enrollment options program pursuant to	9445
Chapter 3365. of the Revised Code before the 2006-2007 academic	9446
year shall not be excluded from eligibility for a needs-based	9447
financial aid grant under this section.	9448

(3) "Resident," "expected family contribution" or "EFC,"	9449
"full-time student," "three-quarters-time student," "half-time	9450
student," "one-quarter-time student," and "accredited" shall be	9451
defined by rules adopted by the chancellor of the Ohio board of	9452
regents.	9453

(B) The chancellor shall establish and administer a	9454
needs-based financial aid program based on the United States	9455
department of education's method of determining financial need and	9456
may adopt rules to carry out this section. The program shall be	9457
known as the Ohio college opportunity grant program. The general	9458
assembly shall support the needs-based financial aid program by	9459
such sums and in such manner as it may provide, but the chancellor	9460
may also receive funds from other sources to support the program.	9461
If the amounts available for support of the program are inadequate	9462
to provide grants to all eligible students, preference in the	9463
payment of grants shall be given in terms of expected family	9464
contribution, beginning with the lowest expected family	9465
contribution category and proceeding upward by category to the	9466
highest expected family contribution category.	9467

A needs-based financial aid grant shall be paid to an	9468
eligible student through the institution in which the student is	9469
enrolled, except that no needs-based financial aid grant shall be	9470
paid to any person serving a term of imprisonment. Applications	9471
for such grants shall be made as prescribed by the chancellor, and	9472
such applications may be made in conjunction with and upon the	9473
basis of information provided in conjunction with student	9474
assistance programs funded by agencies of the United States	9475
government or from financial resources of the institution of	9476
higher education. The institution shall certify that the student	9477
applicant meets the requirements set forth in divisions (A)(1)(a)	9478
and (b) of this section. Needs-based financial aid grants shall be	9479
provided to an eligible student only as long as the student is	9480
making appropriate progress toward a nursing diploma or an	9481
associate or bachelor's degree. No student shall be eligible to	9482
receive a grant for more than ten semesters, fifteen quarters, or	9483
the equivalent of five academic years. A grant made to an eligible	9484
student on the basis of less than full-time enrollment shall be	9485
based on the number of credit hours for which the student is	9486
enrolled and shall be computed in accordance with a formula	9487
adopted by the chancellor. No student shall receive more than one	9488
grant on the basis of less than full-time enrollment.	9489

A needs-based financial aid grant shall not exceed the total	9490
instructional and general charges of the institution.	9491

(C) The tables in this division prescribe the maximum grant	9492
amounts covering two semesters, three quarters, or a comparable	9493
portion of one academic year. Grant amounts for additional terms	9494
in the same academic year shall be determined under division (D)	9495
of this section.	9496

As used in the tables in division (C) of this section:

9497

(1) "Private institution" means an institution that is	9498
nonprofit and has a certificate of authorization pursuant to	9499
Chapter 1713. of the Revised Code.	9500

(2) "Career college" means either an institution that holds a	9501
certificate of registration from the state board of career	9502
colleges and schools or a private institution exempt from	9503
regulation under Chapter 3332. of the Revised Code as prescribed	9504
in section 3333.046 of the Revised Code.	9505

Full-time students shall be eligible to receive awards	9506
according to the following table:	9507

Full-Time Enrollment	9508

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:	9509
$2,101	$2,190	$300	$600	$480	9510
2,001	2,100	402	798	642	9511
1,901	2,000	498	1,002	798	9512
1,801	1,900	600	1,200	960	9513
1,701	1,800	702	1,398	1,122	9514
1,601	1,700	798	1,602	1,278	9515
1,501	1,600	900	1,800	1,440	9516
1,401	1,500	1,002	1,998	1,602	9517
1,301	1,400	1,098	2,202	1,758	9518
1,201	1,300	1,200	2,400	1,920	9519
1,101	1,200	1,302	2,598	2,082	9520
1,001	1,100	1,398	2,802	2,238	9521
901	1,000	1,500	3,000	2,400	9522
801	900	1,602	3,198	2,562	9523
701	800	1,698	3,402	2,718	9524
601	700	1,800	3,600	2,280	9525
501	600	1,902	3,798	3,042	9526
401	500	1,998	4,002	3,198	9527
301	400	2,100	4,200	3,360	9528
201	300	2,202	4,398	3,522	9529
101	200	2,298	4,602	3,678	9530
1	100	2,400	4,800	3,840	9531
0	0	2,496	4,992	3,996	9532

Three-quarters-time students shall be eligible to receive	9533
awards according to the following table:	9534

Three-Quarters-Time Enrollment	9535

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:	9536
$2,101	$2,190	$228	$450	$360	9537
2,001	2,100	300	600	480	9538
1,901	2,000	372	750	600	9539
1,801	1,900	450	900	720	9540
1,701	1,800	528	1,050	840	9541
1,601	1,700	600	1,200	960	9542
1,501	1,600	678	1,350	1,080	9543
1,401	1,500	750	1,500	1,200	9544
1,301	1,400	822	1,650	1,320	9545
1,201	1,300	900	1,800	1,440	9546
1,101	1,200	978	1,950	1,560	9547
1,001	1,100	1,050	2,100	1,680	9548
901	1,000	1,128	2,250	1,800	9549
801	900	1,200	2,400	1,920	9550
701	800	1,272	2,550	2,040	9551
601	700	1,350	2,700	2,160	9552
501	600	1,428	2,850	2,280	9553
401	500	1,500	3,000	2,400	9554
301	400	1,578	3,150	2,520	9555
201	300	1,650	3,300	2,640	9556
101	200	1,722	3,450	2,760	9557
1	100	1,800	3,600	2,880	9558
0	0	1,872	3,744	3,000	9559

Half-time students shall be eligible to receive awards	9560
according to the following table:	9561

Half-Time Enrollment	9562

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:	9563
$2,101	$2,190	$150	$300	$240	9564
2,001	2,100	204	402	324	9565
1,901	2,000	252	504	402	9566
1,801	1,900	300	600	480	9567
1,701	1,800	354	702	564	9568
1,601	1,700	402	804	642	9569
1,501	1,600	450	900	720	9570
1,401	1,500	504	1,002	804	9571
1,301	1,400	552	1,104	882	9572
1,201	1,300	600	1,200	960	9573
1,101	1,200	654	1,302	1,044	9574
1,001	1,100	702	1,404	1,122	9575
901	1,000	750	1,500	1,200	9576
801	900	804	1,602	1,284	9577
701	800	852	1,704	1,362	9578
601	700	900	1,800	1,440	9579
501	600	954	1,902	1,524	9580
401	500	1,002	2,004	1,602	9581
301	400	1,050	2,100	1,680	9582
201	300	1,104	2,202	1,764	9583
101	200	1,152	2,304	1,842	9584
1	100	1,200	2,400	1,920	9585
0	0	1,248	2,496	1,998	9586

One-quarter-time students shall be eligible to receive awards	9587
according to the following table:	9588

One-Quarter-Time Enrollment	9589

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:	9590
$2,101	$2,190	$78	$150	$120	9591
2,001	2,100	102	198	162	9592
1,901	2,000	126	252	198	9593
1,801	1,900	150	300	240	9594
1,701	1,800	174	348	282	9595
1,601	1,700	198	402	318	9596
1,501	1,600	228	450	360	9597
1,401	1,500	252	498	402	9598
1,301	1,400	276	552	438	9599
1,201	1,300	300	600	480	9600
1,101	1,200	324	648	522	9601
1,001	1,100	348	702	558	9602
901	1,000	378	750	600	9603
801	900	402	798	642	9604
701	800	426	852	678	9605
601	700	450	900	720	9606
501	600	474	948	762	9607
401	500	498	1,002	798	9608
301	400	528	1,050	840	9609
201	300	552	1,098	882	9610
101	200	576	1,152	918	9611
1	100	600	1,200	960	9612
0	0	624	1,248	1,002	9613

(D) For a full-time student enrolled in an eligible	9614
institution for a semester or quarter in addition to the portion	9615
of the academic year covered by a grant determined under division	9616
(C) of this section, the maximum grant amount shall be a	9617
percentage of the maximum prescribed in the applicable table of	9618
that division. The maximum grant for a fourth quarter shall be	9619
one-third of the maximum amount prescribed under that division.	9620
The maximum grant for a third semester shall be one-half of the	9621
maximum amount prescribed under that division.	9622

(E) No grant shall be made to any student in a course of	9623
study in theology, religion, or other field of preparation for a	9624
religious profession unless such course of study leads to an	9625
accredited bachelor of arts, bachelor of science, associate of	9626
arts, or associate of science degree.	9627

(F)(1) Except as provided in division (F)(2) of this section,	9628
no grant shall be made to any student for enrollment during a	9629
fiscal year in an institution with a cohort default rate	9630
determined by the United States secretary of education pursuant to	9631
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	9632
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	9633
preceding the fiscal year, equal to or greater than thirty per	9634
cent for each of the preceding two fiscal years.	9635

(2) Division (F)(1) of this section does not apply to the	9636
following:	9637

(a) Any student enrolled in an institution that under the	9638
federal law appeals its loss of eligibility for federal financial	9639
aid and the United States secretary of education determines its	9640
cohort default rate after recalculation is lower than the rate	9641
specified in division (F)(1) of this section or the secretary	9642
determines due to mitigating circumstances the institution may	9643
continue to participate in federal financial aid programs. The	9644
chancellor shall adopt rules requiring institutions to provide	9645
information regarding an appeal to the chancellor.	9646

(b) Any student who has previously received a grant under	9647
this section who meets all other requirements of this section.	9648

(3) The chancellor shall adopt rules for the notification of	9649
all institutions whose students will be ineligible to participate	9650
in the grant program pursuant to division (F)(1) of this section.	9651

(4) A student's attendance at an institution whose students	9652
lose eligibility for grants under division (F)(1) of this section	9653
shall not affect that student's eligibility to receive a grant	9654
when enrolled in another institution.	9655

(G) Institutions of higher education that enroll students	9656
receiving needs-based financial aid grants under this section	9657
shall report to the chancellor all students who have received	9658
needs-based financial aid grants but are no longer eligible for	9659
all or part of such grants and shall refund any moneys due the	9660
state within thirty days after the beginning of the quarter or	9661
term immediately following the quarter or term in which the	9662
student was no longer eligible to receive all or part of the	9663
student's grant. There shall be an interest charge of one per cent	9664
per month on all moneys due and payable after such thirty-day	9665
period. The chancellor shall immediately notify the office of	9666
budget and management and the legislative service commission of	9667
all refunds so received.	9668

~~Sec. 3353.20.~~ Sec. 3333.81. As used in sections ~~3353.20~~3333.81	9669
to ~~3353.30~~3333.88 of the Revised Code:	9670

(A) "Clearinghouse" means the clearinghouse established under	9671
section ~~3353.21~~3333.82 of the Revised Code.	9672

(B) ~~"Data verification code" means the code assigned to a~~	9673
~~student under division (D)(2) of section 3301.0714 of the Revised~~	9674
~~Code.~~	9675

~~(C) "One-half unit" of instruction has the same meaning as in~~	9676
~~section 3313.603 of the Revised Code.~~	9677

~~(D)~~"Community school" means a community school established	9678
under Chapter 3314. of the Revised Code.	9679

(C) "Common statewide platform" means a software program that	9680
facilitates the delivery of courses via computers from multiple	9681
course providers to multiple end users, tracks the progress of the	9682
end user, and includes an integrated searchable database of	9683
standards-based course content.	9684

(D) "Course provider" means a school district, community	9685
school, STEM school, state institution of higher education,	9686
private college or university, or nonprofit or for-profit private	9687
entity that creates or is an agent of the creator of original	9688
course content for a course offered through the clearinghouse.	9689

(E) "Instructor" means an individual who holds a license	9690
issued by the state board of education, as defined in section	9691
3319.31 of the Revised Code, or an individual employed as an	9692
instructor or professor by a state institution of higher education	9693
or a private college or university.	9694

(F) "State institution of higher education" has the same	9695
meaning as in section 3345.011 of the Revised Code.	9696

(G) "STEM school" means a science, technology, engineering,	9697
and mathematics school established under Chapter 3326. of the	9698
Revised Code.	9699

(H) A "student's community school" means the community school	9700
~~established under Chapter 3314. of the Revised Code~~ in which the	9701
student is enrolled instead of being enrolled in a school operated	9702
by a school district.	9703

~~(E)~~(I) A "student's school district" means the school	9704
district operating the school in which the student is lawfully	9705
enrolled.	9706

(J) "A student's STEM school" means the STEM school in which	9707
the student is enrolled instead of being enrolled in a school	9708
operated by a school district.	9709

~~Sec. 3353.21.~~ Sec. 3333.82. (A) The ~~eTech Ohio commission~~	9710
chancellor of the Ohio board of regents shall establish a	9711
clearinghouse of interactive distance learning courses and other	9712
distance learning courses delivered via a computer-based method	9713
offered by school districts, community schools, STEM schools,	9714
state institutions of higher education, private colleges and	9715
universities, and other nonprofit and for-profit course providers	9716
for sharing with other school districts ~~and~~, community schools,	9717
STEM schools, state institutions of higher education, private	9718
colleges and universities, and individuals for the fee set	9719
pursuant to section ~~3353.24~~3333.84 of the Revised Code. The	9720
~~commission~~chancellor shall not be responsible for the content of	9721
courses offered through the clearinghouse; however, all such	9722
courses shall be delivered only in accordance with technical	9723
specifications approved by the ~~commission~~chancellor and on a	9724
common statewide platform administered by the chancellor.	9725

(B) To offer a course through the clearinghouse, a ~~school~~	9726
~~district~~course provider shall apply to the ~~commission~~chancellor	9727
in a form and manner prescribed by the ~~commission~~chancellor. The	9728
application for each course shall describe the course of study in	9729
as much detail as required by the ~~commission~~chancellor, whether	9730
an instructor is provided, the qualification and credentials of	9731
the ~~teacher~~instructor, the number of hours of instruction, ~~the~~	9732
~~technology required to deliver and receive the course, the~~	9733
~~technical capacity of the school district to deliver the course,~~	9734
~~the times that the school district plans to deliver the course,~~	9735
and any other information required by the ~~commission~~chancellor.	9736
The ~~commission~~chancellor may require ~~school districts~~course	9737
providers to include in their applications information	9738
recommended by the state board of education under former section	9739
3353.30 of the Revised Code.	9740

(C) The ~~commission~~chancellor shall review the technical	9741
specifications of each application submitted under division (B)	9742
of this section ~~and shall approve a course offered if the~~	9743
~~commission determines that the school district can satisfactorily~~	9744
~~deliver the course through the technology necessary for that~~	9745
~~delivery~~. In reviewing applications, the ~~commission~~chancellor	9746
may consult with the department of education; however, the	9747
responsibility to either approve or not approve a course for the	9748
clearinghouse belongs to the ~~commission~~chancellor. The	9749
~~commission~~chancellor may request additional information from a	9750
~~school district~~course provider that submits an application under	9751
division (B) of this section, if the ~~commission~~chancellor	9752
determines that such information is necessary. The ~~commission~~	9753
chancellor may negotiate changes in the proposal to offer a	9754
course, if the ~~commission~~chancellor determines that changes are	9755
necessary in order to approve the course.	9756

(D) The ~~commission~~chancellor shall catalog each course	9757
approved for the clearinghouse, through a print or electronic	9758
medium, displaying the following:	9759

(1) Information necessary for a student and the student's	9760
parent, guardian, or custodian and the student's school district	9761
or, community school, STEM school, college, or university to	9762
decide whether to enroll in or subscribe to the course;	9763

(2) Instructions for enrolling in that course, including	9764
deadlines for enrollment.	9765

(E) Any expenses related to the installation of a course into	9766
the common statewide platform shall be borne by the course	9767
provider.	9768

(F) The chancellor may contract with an entity to perform	9769
any or all of the chancellor's duties under sections 3333.81 to	9770
3333.88 of the Revised Code.	9771

~~Sec. 3353.22.~~ Sec. 3333.83. (A) A student who is enrolled in a	9772
school operated by a school district or in a community school or	9773
STEM school may enroll in a course ~~included in~~through the	9774
clearinghouse only if both of the following conditions are	9775
satisfied:	9776

(1) The student's enrollment in the course is approved by the	9777
student's school district ~~or the student's~~, community school, or	9778
STEM school.	9779

(2) The student's school district ~~or the student's~~,	9780
community school, or STEM school agrees to accept for credit the	9781
grade assigned by the ~~district that is delivering the~~ course	9782
provider, if that provider is another school district, community	9783
school, or STEM school.	9784

(B) For each student enrolled in a school operated by a	9785
school district or in a community school or STEM school who is	9786
enrolling in a course provided through the clearinghouse by	9787
another school district, community school, or STEM school, the	9788
student's school district ~~or the student's~~, community school, or	9789
STEM school shall transmit ~~the student's data verification code~~	9790
~~and~~ the student's name to the ~~school district delivering the~~	9791
course provider.	9792

The ~~district delivering the~~ course provider may request from	9793
the student's school district ~~or the student's~~, community school,	9794
or STEM school other information from the student's school	9795
record. The ~~student's school~~ district or ~~the student's community~~	9796
school shall provide the requested information only in accordance	9797
with section 3319.321 of the Revised Code.	9798

(C) The student's school district ~~or the student's~~, community	9799
school, or STEM school shall determine the manner in which and	9800
facilities at which the student shall participate in the course	9801
consistent with specifications for technology and connectivity	9802
adopted by the ~~commission~~chancellor of the Ohio board of	9803
regents.	9804

(D) A student may withdraw from a course prior to the end of	9805
the course only by a date and in a manner prescribed by the	9806
student's school district or, community school, or STEM school.	9807

(E) A student who is enrolled in a school operated by a	9808
school district or in a community school or STEM school and who	9809
takes a course ~~included in~~through the clearinghouse shall be	9810
counted in the formula ADM of a school district under section	9811
3317.03 of the Revised Code as if the student were taking the	9812
course from the student's school district ~~or the student's~~,	9813
community school, or STEM school.	9814

Sec. 3333.84. (A) The fee charged for any course offered	9815
through the clearinghouse shall be set by the course provider.	9816

(B) The chancellor of the Ohio board of regents shall	9817
prescribe the manner in which the fee for a course shall be	9818
collected or deducted from the school district, school, college or	9819
university, or individual subscribing to the course and in which	9820
manner the fee shall be paid to the course provider.	9821

(C) The chancellor may retain a percentage of the fee	9822
charged for a course to offset the cost of maintaining and	9823
operating the clearinghouse, including the payment of	9824
compensation for an entity or a private entity that is under	9825
contract with the chancellor under division (F) of section	9826
3333.82 of the Revised Code. The percentage retained shall be	9827
determined by the chancellor.	9828

~~Sec. 3353.26.~~ Sec. 3333.85. The grade for a student ~~who enrolls in~~	9829
enrolled in a school operated by a school district or in a	9830
community school or STEM school for a course ~~included in~~provided	9831
through the clearinghouse by another school district, community	9832
school, or STEM school shall be assigned by ~~the school district~~	9833
~~that delivers~~ the course provider and shall be transmitted by	9834
~~that district~~ to the student's school district ~~or the student's~~,	9835
community school, or STEM school.	9836

~~Sec. 3353.27.~~ Sec. 3333.86. The ~~eTech Ohio commission~~chancellor	9837
of the Ohio board of regents may determine the manner in which a	9838
course included in the clearinghouse may be offered as a dual	9839
enrollment program as defined in section 3313.6013 of the Revised	9840
Code, may be offered to students who are enrolled in nonpublic	9841
schools or are instructed at home pursuant to section 3321.04 of	9842
the Revised Code, or may be offered at times outside the normal	9843
school day or school week, including any necessary additional	9844
fees and methods of payment for a course so offered.	9845

~~Sec. 3353.28.~~ Sec. 3333.87. The ~~eTech Ohio commission~~chancellor	9846
of the Ohio board of regents shall adopt rules in accordance with	9847
Chapter 119. of the Revised Code prescribing procedures for the	9848
implementation of sections ~~3353.20 to 3353.27~~3333.81 to 3333.86	9849
of the Revised Code.	9850

~~Sec. 3353.29.~~ Sec. 3333.88. Nothing in sections ~~3353.20 to 3353.28~~	9851
3333.81 to 3333.87 of the Revised Code, or in rules implementing	9852
those sections, shall prohibit a school district, community	9853
school, STEM school, or college or university from offering an	9854
interactive distance learning course or other distance learning	9855
course using a computer-based method through any means other than	9856
the clearinghouse established and maintained under those	9857
sections.	9858

Sec. 3335.05. Before entering upon the duties of ~~his~~ office	9859
the treasurer of the Ohio state university shall give evidence of	9860
bond to the state or insurance in such sum as the board of	9861
trustees determines, ~~but not a less sum than the probable amount~~	9862
~~that will be under his control in any one year, conditioned~~ for	9863
the faithful discharge of ~~his~~official duties and the payment of	9864
all moneys coming into ~~his~~the treasurer's hands~~, the bond to be~~	9865
~~approved by the attorney general~~. Such evidence of bond or	9866
insurance shall be deposited with the secretary of state and kept	9867
in ~~his~~the secretary of state's office.	9868

Sec. 3341.03. The board of trustees of Bowling Green state	9869
university and Kent state university, respectively, shall annually	9870
elect from their members, a president and a vice-president; and	9871
they may also appoint a secretary of the board, a treasurer, and	9872
such other officers of the university as the interests of the	9873
respective universities require, who may be members of the board.	9874
The treasurers, before entering upon the discharge of their	9875
duties, shall give bonds to the state or be insured for the	9876
faithful performance of their duties and the proper accounting for	9877
all moneys coming into their care. The amount of said bonds or	9878
insurance shall be determined by the boards, but shall not be for	9879
a less sum than the estimated amount which may come into their	9880
control at any time, less any reasonable deductible. ~~Said bonds~~	9881
~~shall be approved by the attorney general.~~	9882

Sec. 3343.08. The treasurer of the central state university,	9883
before entering upon the discharge of the treasurer's duties,	9884
shall give a bond to the state or be insured for the faithful	9885
performance of the treasurer's duties and the proper accounting	9886
for all moneys coming into the treasurer's care. The amount of the	9887
bond or insurance shall be determined by the board of trustees of	9888
central state university, but shall not be for a sum less than the	9889
amount that the board estimates may come into the treasurer's	9890
control at any time, less any reasonable deductible. ~~The bond~~	9891
~~shall be approved by the attorney general.~~	9892

Sec. 3344.02. The board of trustees of Cleveland state	9893
university shall annually elect from their members a ~~chairman~~	9894
chairperson and a ~~vice-chairman~~vice-chairperson; and they may	9895
also appoint a secretary of the board, a treasurer, and such other	9896
officers of the university as the interest of the university	9897
requires, who may be members of the board. The treasurer, before	9898
entering upon the discharge of ~~his~~official duties, shall give	9899
bond to the state or be insured for the faithful performance of	9900
~~his~~the treasurer's duties and the proper accounting for all	9901
moneys coming into ~~his~~the treasurer's care. The amount of said	9902
bond or insurance shall be determined by the board, but shall not	9903
be for a sum less than the estimated amount which may come into	9904
~~his~~the treasurer's control at any time, less any reasonable	9905
deductible. ~~Said bond shall be approved by the attorney general.~~	9906

Sec. 3352.02. The board of trustees of Wright state	9907
university shall annually elect from their members a ~~chairman~~	9908
chairperson and ~~vice-chairman~~vice-chairperson; and they may also	9909
appoint a secretary of the board, a treasurer, and such other	9910
officers of the university as the interest of the university	9911
requires, who may be members of the board. The treasurer, before	9912
entering upon the discharge of ~~his~~official duties, shall give	9913
bond to the state or be insured for the faithful performance of	9914
~~his~~the treasurer's duties and the proper accounting for all	9915
moneys coming into ~~his~~the treasurer's care. The amount of said	9916
bond or insurance shall be determined by the board, but shall not	9917
be for a sum less than the estimated amount which may come into	9918
~~his~~the treasurer's control at any time, less any reasonable	9919
deductible. ~~Said bond shall be approved by the attorney general.~~	9920

Sec. 3353.02. (A) There is hereby created the eTech Ohio	9921
commission as an independent agency to advance education and	9922
accelerate the learning of the citizens of this state through	9923
technology. The commission shall provide leadership and support in	9924
extending the knowledge of the citizens of this state by promoting	9925
access to and use of all forms of educational technology,	9926
including educational television and radio, radio reading	9927
services, broadband networks, videotapes, compact discs, digital	9928
video on demand (DVD), and the internet. The commission also shall	9929
administer programs to provide financial and other assistance to	9930
school districts and other educational institutions for the	9931
acquisition and utilization of educational technology.	9932

The commission is a body corporate and politic, an agency of	9933
the state performing essential governmental functions of the	9934
state.	9935

(B) The commission shall consist of thirteen members, nine of	9936
whom shall be voting members. Six of the voting members shall be	9937
representatives of the public. Of the representatives of the	9938
public, four shall be appointed by the governor with the advice	9939
and consent of the senate, one shall be appointed by the speaker	9940
of the house of representatives, and one shall be appointed by the	9941
president of the senate. The superintendent of public instruction	9942
or a designee of the superintendent, the chancellor of the Ohio	9943
board of regents or a designee of the chancellor, and the ~~director~~	9944
~~of the office of information technology~~state chief information	9945
officer or a designee of the ~~director~~officer shall be ex officio	9946
voting members. Of the nonvoting members, two shall be members of	9947
the house of representatives appointed by the speaker of the house	9948
of representatives and two shall be members of the senate	9949
appointed by the president of the senate. The members appointed	9950
from each chamber shall not be members of the same political	9951
party.	9952

(C) Initial terms of office for members appointed by the	9953
governor shall be one year for one member, two years for one	9954
member, three years for one member, and four years for one member.	9955
At the first meeting of the commission, members appointed by the	9956
governor shall draw lots to determine the length of the term each	9957
member will serve. Thereafter, terms of office for members	9958
appointed by the governor shall be for four years. Terms of office	9959
for voting members appointed by the speaker of the house of	9960
representatives and the president of the senate shall be for four	9961
years. Any member who is a representative of the public may be	9962
reappointed by the member's respective appointing authority, but	9963
no such member may serve more than two consecutive four-year	9964
terms. Such a member may be removed by the member's respective	9965
appointing authority for cause.	9966

Any legislative member appointed by the speaker of the house	9967
of representatives or the president of the senate who ceases to be	9968
a member of the legislative chamber from which the member was	9969
appointed shall cease to be a member of the commission. The	9970
speaker of the house of representatives and the president of the	9971
senate may remove their respective appointments to the commission	9972
at any time.	9973

(D) Vacancies among appointed members shall be filled in the	9974
manner provided for original appointments. Any member appointed to	9975
fill a vacancy occurring prior to the expiration of the term for	9976
which the member's predecessor was appointed shall hold office for	9977
the remainder of that term. Any appointed member shall continue in	9978
office subsequent to the expiration of that member's term until	9979
the member's successor takes office or until a period of sixty	9980
days has elapsed, whichever occurs first.	9981

(E) Members of the commission shall serve without	9982
compensation. The members who are representatives of the public	9983
shall be reimbursed, pursuant to office of budget and management	9984
guidelines, for actual and necessary expenses incurred in the	9985
performance of official duties.	9986

(F) The governor shall appoint the chairperson of the	9987
commission from among the commission's voting members. The	9988
chairperson shall serve a term of two years and may be	9989
reappointed. The commission shall elect other officers as	9990
necessary from among its voting members and shall prescribe its	9991
rules of procedure.	9992

(G) The commission shall establish advisory groups as needed	9993
to address topics of interest and to provide guidance to the	9994
commission regarding educational technology issues and the	9995
technology needs of educators, learners, and the public. Members	9996
of each advisory group shall be appointed by the commission and	9997
shall include representatives of individuals or organizations with	9998
an interest in the topic addressed by the advisory group.	9999

Sec. 3354.16. (A) When the board of trustees of a community	10000
college district has by resolution determined to let by contract	10001
the work of improvements pursuant to the official plan of such	10002
district, contracts in amounts exceeding a dollar amount set by	10003
the board, which dollar amount shall not exceed fifty thousand	10004
dollars, shall be advertised after notices calling for bids have	10005
been published once a week for three consecutive weeks, in at	10006
least one newspaper of general circulation within the community	10007
college district wherein the work is to be done. Subject to	10008
section 3354.10 of the Revised Code, the board of trustees of the	10009
district may let such contract to the lowest responsive and	10010
responsible bidder, in accordance with section 9.312 of the	10011
Revised Code, who meets the requirements of section 153.54 of the	10012
Revised Code. Such contract shall be in writing and shall be	10013
accompanied by or shall refer to plans and specifications for the	10014
work to be done. Such contract shall be approved by the board of	10015
trustees and signed by the president of the board and by the	10016
contractor.	10017

(B) On the first day of January of every even-numbered year,	10018
the chancellor of the board of regents shall adjust the fifty	10019
thousand dollar contract limit set forth in division (A) of this	10020
section, as adjusted in any previous year pursuant to this	10021
division. The chancellor shall adjust the limit according to the	10022
average increase or decrease for each of the two years	10023
immediately preceding the adjustment as set forth in the United	10024
States department of commerce, bureau of ~~the census~~economic	10025
analysis implicit price deflator for ~~construction~~gross domestic	10026
product, nonresidential structures, or an alternative if the	10027
federal government ceases to publish this metric, provided that no	10028
increase or decrease for any year shall exceed three per cent of	10029
the contract limit in existence at the time of the adjustment.	10030
Notwithstanding division (A) of this section, the limit adjusted	10031
under this division shall be used thereafter in lieu of the limit	10032
in division (A) of this section.	10033

(C) Before entering into an improvement pursuant to division	10034
(A) of this section, the board of trustees of a community college	10035
district shall require separate and distinct proposals to be made	10036
for furnishing materials or doing work on the improvement, or	10037
both, in the board's discretion, for each separate and distinct	10038
branch or class of work entering into the improvement. The board	10039
of trustees also may require a single, combined proposal for the	10040
entire project for materials or doing work, or both, in the	10041
board's discretion, that includes each separate and distinct	10042
branch or class of work entering into the improvement. The board	10043
of trustees need not solicit separate proposals for a branch or	10044
class of work for an improvement if the estimate cost for that	10045
branch or class of work is less than five thousand dollars.	10046

(D) When more than one branch or class of work is required,	10047
no contract for the entire job, or for a greater portion thereof	10048
than is embraced in one such branch or class of work shall be	10049
awarded, unless the separate bids do not cover all the work and	10050
materials required or the bids for the whole or for two or more	10051
kinds of work or materials are lower than the separate bids in the	10052
aggregate. The board of trustees need not award separate contracts	10053
for a branch or class of work entering into an improvement if the	10054
estimated cost for that branch or class of work is less than five	10055
thousand dollars.	10056

Sec. 3355.12. (A) When the managing authority of the	10057
university branch district has determined to let by contract the	10058
work of improvements, contracts in amounts exceeding a dollar	10059
amount set by the managing authority, which dollar amount shall	10060
not exceed fifty thousand dollars, shall be advertised after	10061
notices calling for bids have been published once a week for three	10062
consecutive weeks, in at least one newspaper of general	10063
circulation within the university branch district wherein the work	10064
is to be done. Such managing authority may let such contract to	10065
the lowest responsive and responsible bidder, in accordance with	10066
section 9.312 of the Revised Code, who meets the requirements of	10067
section 153.54 of the Revised Code. Such contract shall be in	10068
writing and shall be accompanied by or shall refer to plans and	10069
specifications for the work to be done. Such contract shall be	10070
approved by the managing authority of the university branch	10071
district and signed by the chairperson or vice-chairperson of the	10072
managing authority and by the contractor.	10073

(B) On the first day of January of every even-numbered year,	10074
the chancellor of the board of regents shall adjust the fifty	10075
thousand dollar contract limit set forth in division (A) of this	10076
section, as adjusted in any previous year pursuant to this	10077
division. The chancellor shall adjust the limit according to the	10078
average increase or decrease for each of the two years	10079
immediately preceding the adjustment as set forth in the United	10080
States department of commerce, bureau of ~~the census~~economic	10081
analysis implicit price deflator for ~~construction~~gross domestic	10082
product, nonresidential structures, or an alternative if the	10083
federal government ceases to publish this metric, provided that no	10084
increase or decrease for any year shall exceed three per cent of	10085
the contract limit in existence at the time of the adjustment.	10086
Notwithstanding division (A) of this section, the limit adjusted	10087
under this division shall be used thereafter in lieu of the limit	10088
in division (A) of this section.	10089

(C) Before entering into an improvement pursuant to division	10090
(A) of this section, the managing authority of the university	10091
branch district shall require separate and distinct proposals to	10092
be made for furnishing materials or doing work on the improvement,	10093
or both, in the board's discretion, for each separate and distinct	10094
branch or class of work entering into the improvement. The	10095
managing authority also may require a single, combined proposal	10096
for the entire project for materials or doing work, or both, in	10097
the board's discretion, that includes each separate and distinct	10098
branch or class of work entering into the improvement. The	10099
managing authority need not solicit separate proposals for a	10100
branch or class of work for an improvement if the estimate cost	10101
for that branch or class of work is less than five thousand	10102
dollars.	10103

(D) When more than one branch or class of work is required,	10104
no contract for the entire job, or for a greater portion thereof	10105
than is embraced in one such branch or class of work shall be	10106
awarded, unless the separate bids do not cover all the work and	10107
materials required or the bids for the whole or for two or more	10108
kinds of work or materials are lower than the separate bids in the	10109
aggregate. The managing authority need not award separate	10110
contracts for a branch or class of work entering into an	10111
improvement if the estimated cost for that branch or class of work	10112
is less than five thousand dollars.	10113

Sec. 3356.02. The board of trustees of Youngstown state	10114
university shall annually elect from their members a ~~chairman~~	10115
chairperson and a ~~vice-chairman~~vice-chairperson; and they may	10116
also appoint a secretary of the board, a treasurer, and such other	10117
officers of the university as the interest of the university	10118
requires, who may be members of the board. The treasurer, before	10119
entering upon the discharge of ~~his~~official duties, shall give	10120
bond to the state or be insured for faithful performance of ~~his~~	10121
the treasurer's duties and the proper accounting for all moneys	10122
coming into ~~his~~the treasurer's care. The amount of said bond or	10123
insurance shall be determined by the board, but shall not be for a	10124
sum less than the estimated amount which may come into ~~his~~the	10125
treasurer's control at any time, less any reasonable deductible.	10126
~~Said bond shall be approved by the attorney general.~~	10127

Sec. 3357.16. (A) When the board of trustees of a technical	10128
college district has by resolution determined to let by contract	10129
the work of improvements pursuant to the official plan of such	10130
district, contracts in amounts exceeding a dollar amount set by	10131
the board, which dollar amount shall not exceed fifty thousand	10132
dollars, shall be advertised after notice calling for bids has	10133
been published once a week for three consecutive weeks, in at	10134
least one newspaper of general circulation within the technical	10135
college district where the work is to be done. The board of	10136
trustees of the technical college district may let such contract	10137
to the lowest responsive and responsible bidder, in accordance	10138
with section 9.312 of the Revised Code, who meets the requirements	10139
of section 153.54 of the Revised Code. Such contract shall be in	10140
writing and shall be accompanied by or shall refer to plans and	10141
specifications for the work to be done. Such contract shall be	10142
approved by the board of trustees and signed by the president of	10143
the board and by the contractor.	10144

(B) On the first day of January of every even-numbered year,	10145
the chancellor of the board of regents shall adjust the fifty	10146
thousand dollar contract limit set forth in division (A) of this	10147
section, as adjusted in any previous year pursuant to this	10148
division. The chancellor shall adjust the limit according to the	10149
average increase or decrease for each of the two years	10150
immediately preceding the adjustment as set forth in the United	10151
States department of commerce, bureau of ~~the census~~economic	10152
analysis implicit price deflator for ~~construction~~gross domestic	10153
product, nonresidential structures, or an alternative if the	10154
federal government ceases to publish this metric, provided that no	10155
increase or decrease for any year shall exceed three per cent of	10156
the contract limit in existence at the time of the adjustment.	10157
Notwithstanding division (A) of this section, the limit adjusted	10158
under this division shall be used thereafter in lieu of the limit	10159
in division (A) of this section.	10160

(C) Before entering into an improvement pursuant to division	10161
(A) of this section, the board of trustees of a technical college	10162
district shall require separate and distinct proposals to be made	10163
for furnishing materials or doing work on the improvement, or	10164
both, in the board's discretion, for each separate and distinct	10165
branch or class of work entering into the improvement. The board	10166
of trustees also may require a single, combined proposal for the	10167
entire project for materials or doing work, or both, in the	10168
board's discretion, that includes each separate and distinct	10169
branch or class of work entering into the improvement. The board	10170
of trustees need not solicit separate proposals for a branch or	10171
class of work for an improvement if the estimate cost for that	10172
branch or class of work is less than five thousand dollars.	10173

(D) When more than one branch or class of work is required,	10174
no contract for the entire job, or for a greater portion thereof	10175
than is embraced in one such branch or class of work shall be	10176
awarded, unless the separate bids do not cover all the work and	10177
materials required or the bids for the whole or for two or more	10178
kinds of work or materials are lower than the separate bids in the	10179
aggregate. The board of trustees need not award separate contracts	10180
for a branch or class of work entering into an improvement if the	10181
estimated cost for that branch or class of work is less than five	10182
thousand dollars.	10183

Sec. 3359.02. The board of trustees of the university of	10184
Akron shall annually elect from their members a ~~chairman~~	10185
chairperson and a ~~vice-chairman~~vice-chairperson; and they may	10186
also appoint a secretary of the board, a treasurer, and such other	10187
officers of the university as the interest of the university	10188
requires, who may be members of the board. The treasurer, before	10189
entering upon the discharge of ~~his~~official duties, shall give	10190
bond to the state or be insured for the faithful performance of	10191
~~his~~the treasurer's duties and the proper accounting for all	10192
moneys coming into ~~his~~the treasurer's care. The amount of said	10193
bonds or insurance shall be determined by the board, but shall not	10194
be for a sum less than the estimated amount which may come into	10195
~~his~~the treasurer's control at any time, less any reasonable	10196
deductible. ~~Said bond shall be approved by the attorney general.~~	10197

Sec. 3361.02. The board of trustees of the university of	10198
Cincinnati shall annually elect from their members a ~~chairman~~	10199
chairperson and a ~~vice-chairman~~vice-chairperson, and they may	10200
also appoint a secretary of the board, a treasurer, and such other	10201
officers of the university as the interests of the university	10202
require, who may be members of the board. The treasurer, before	10203
entering upon the discharge of ~~his~~official duties, shall give	10204
bond to the state or be insured for the faithful performance of	10205
~~his~~the treasurer's duties and the proper accounting for all	10206
moneys coming into ~~his~~the treasurer's care. The amount of said	10207
bond or insurance shall be determined by the board, but shall not	10208
be for a sum less than the estimated amount which may come into	10209
~~his~~the treasurer's control at any time, less any reasonable	10210
deductible. ~~Said bond shall be approved by the attorney general.~~	10211

Sec. 3364.02. The board of trustees of the university of	10212
Toledo annually shall elect from among its members a chairperson	10213
and a vice-chairperson, and also may appoint a secretary of the	10214
board, a treasurer, and such other officers of the university as	10215
the interest of the university requires, who may be members of the	10216
board. The treasurer, before entering upon the discharge of	10217
official duties, shall give bond to the state or be insured for	10218
the faithful performance of the treasurer's duties and the proper	10219
accounting for all moneys coming into the treasurer's care. The	10220
amount of that bond or insurance shall be determined by the board,	10221
but shall not be for a sum less than the estimated amount which	10222
may come into the treasurer's control at any time, less any	10223
reasonable deductible.	10224

Sec. 3365.15. The program known as "seniors to sophomores,"	10225
or any successor name, shall permit nonpublic school students to	10226
participate.	10227

Sec. 3702.71. As used in sections 3702.71 to 3702.81 of the	10228
Revised Code:	10229

(A) "Primary care physician" means an individual who is	10230
authorized under Chapter 4731. of the Revised Code to practice	10231
medicine and surgery or osteopathic medicine and surgery and is	10232
board certified or board eligible in a primary care specialty.	10233

(B) "Primary care service" means professional comprehensive	10234
personal health services, which may include health education and	10235
disease prevention, treatment of uncomplicated health problems,	10236
diagnosis of chronic health problems, overall management of	10237
health care services for an individual or a family, and the	10238
services of a psychiatrist. "Primary care service" also includes	10239
providing the initial contact for health care services and making	10240
referrals for secondary and tertiary care and for continuity of	10241
health care services.	10242

(C) "Primary care specialty" means general internal medicine,	10243
pediatrics, adolescent medicine, obstetrics and gynecology,	10244
psychiatry, child and adolescent psychiatry, geriatric	10245
psychiatry, combined internal medicine and pediatrics,	10246
geriatrics, or family practice.	10247

Sec. 3702.72. (A) A primary care physician who will not have	10248
an outstanding obligation for medical service to the federal	10249
government, a state, or other entity at the time of participation	10250
in the physician loan repayment program and meets one of the	10251
following requirements may apply for participation in the	10252
physician loan repayment program:	10253

(1) The primary care physician is enrolled in the final year	10254
of an accredited program required for board certification in a	10255
primary care specialty.	10256

(2) The primary care physician is enrolled in the final year	10257
of a fellowship program in a primary care specialty.	10258

(3) The primary care physician holds a valid certificate to	10259
practice medicine and surgery or osteopathic medicine and surgery	10260
issued under Chapter 4731. of the Revised Code.	10261

(B) An application for participation in the physician loan	10262
repayment program shall be submitted to the director of health on	10263
a form that the director shall prescribe. The information required	10264
to be submitted with an application includes the following:	10265

(1) The applicant's name, permanent address or address at	10266
which the applicant is currently residing if different from the	10267
permanent address, and telephone number;	10268

(2) The applicant's primary care specialty or specialties;

10269

(3) The medical school or osteopathic medical school the	10270
applicant attended, the dates of attendance, and verification of	10271
attendance;	10272

(4) The facility or institution where the applicant's medical	10273
residency program was completed or is being performed, and, if	10274
completed, the date of completion;	10275

(5) If applicable, the facility or institution where the	10276
applicant's fellowship was completed or is being performed, and,	10277
if completed, the date of completion;	10278

(6) A summary and verification of the educational expenses	10279
for which the applicant seeks reimbursement under the program;	10280

~~(6)~~(7) Verification of the applicant's authorization under	10281
Chapter 4731. of the Revised Code to practice medicine and surgery	10282
or osteopathic medicine and surgery;	10283

~~(7)~~(8) Verification of the applicant's United States	10284
citizenship or status as a legal alien.	10285

Sec. 3702.73. If funds are available in the physician loan	10286
repayment fund created under section 3702.78 of the Revised Code	10287
and the general assembly has appropriated funds for the physician	10288
loan repayment program, the director of health shall approve an	10289
applicant for participation in the program if the director finds	10290
that, in accordance with the priorities established under section	10291
3702.77 of the Revised Code, the applicant is eligible for	10292
participation in the program and the applicant's primary care	10293
specialty is needed in a health resource shortage area.	10294

Upon approval, the director shall notify and enter into	10295
discussions with the applicant. The object of the discussions is	10296
to facilitate the recruitment of the applicant to a site within a	10297
health resource shortage area at which, according to the	10298
priorities established under section 3702.77 of the Revised Code,	10299
the applicant's primary care specialty is most needed.	10300

If the director and applicant agree on the applicant's	10301
placement at a particular site within a health resource shortage	10302
area, the applicant shall prepare, sign, and deliver to the	10303
director a letter of intent agreeing to that placement.	10304

Sec. 3702.74. (A) A primary care physician who has signed a	10305
letter of intent under section 3702.73 of the Revised Code,and	10306
the director of health~~, and the Ohio board of regents~~ may enter	10307
into a contract for the physician's participation in the physician	10308
loan repayment program. ~~A lending institution~~The physician's	10309
employer or other funding source may also be a party to the	10310
contract.	10311

(B) The contract shall include all of the following	10312
obligations:	10313

(1) The primary care physician agrees to provide primary care	10314
services in the health resource shortage area identified in the	10315
letter of intent for at least two years ~~or one year per twenty~~	10316
~~thousand dollars of repayment agreed to under division (B)(3) of~~	10317
~~this section, whichever is greater~~;	10318

(2) When providing primary care services in the health	10319
resource shortage area, the primary care physician agrees to do	10320
all of the following:	10321

(a) Provide primary care services for a minimum of forty	10322
hours per week, of which at least twenty-one hours will be spent	10323
providing patient care in an outpatient or ambulatory setting;	10324

(b) Provide primary care services without regard to a	10325
patient's ability to pay;	10326

(c) Meet the conditions prescribed by the "Social Security	10327
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the	10328
department of job and family services for participation in the	10329
~~medical assistance~~medicaid program established under Chapter	10330
5111. of the Revised Code and enter into a contract with the	10331
department to provide primary care services to recipients of the	10332
medical assistance program;	10333

(d) Meet the conditions established by the department of job	10334
and family services for participation in the disability medical	10335
assistance program established under Chapter 5115. of the Revised	10336
Code and enter into a contract with the department to provide	10337
primary care services to recipients of disability medical	10338
assistance.	10339

(3) The ~~Ohio board of regents~~department of health agrees, as	10340
provided in section 3702.75 of the Revised Code, to repay, so long	10341
as the primary care physician performs the service obligation	10342
agreed to under division (B)(1) of this section, all or part of	10343
the principal and interest of a government or other educational	10344
loan taken by the primary care physician for expenses described in	10345
section 3702.75 of the Revised Code;	10346

(4) The primary care physician agrees to pay the ~~board the~~	10347
~~following as damages~~department of health an amount established by	10348
rules adopted under section 3702.79 of the Revised Code if the	10349
physician fails to complete the service obligation agreed to under	10350
division (B)(1) of this section:	10351

~~(a) If the failure occurs during the first two years of the~~	10352
~~service obligation, three times the total amount the board has~~	10353
~~agreed to repay under division (B)(3) of this section;~~	10354

~~(b) If the failure occurs after the first two years of the~~	10355
~~service obligation, three times the amount the board is still~~	10356
~~obligated to repay under division (B)(3) of this section~~.	10357

(C) The contract may include any other terms agreed upon by	10358
the parties~~, including an assignment to the Ohio board of regents~~	10359
~~of the physician's duty to pay the principal and interest of a~~	10360
~~government or other educational loan taken by the physician for~~	10361
~~expenses described in section 3702.75 of the Revised Code. If the~~	10362
~~board assumes the physician's duty to pay a loan, the contract~~	10363
~~shall set forth the total amount of principal and interest to be~~	10364
~~paid, an amortization schedule, and the amount of each payment to~~	10365
~~be made under the schedule~~.	10366

Sec. 3702.75. There is hereby created the physician loan	10367
repayment program. Under the program, the ~~Ohio board of regents~~	10368
department of health, by means of a contract provision under	10369
division (B)(3) of section 3702.74 of the Revised Code, may agree	10370
to repay all or part of the principal and interest of a government	10371
or other educational loan taken by a primary care physician for	10372
the following expenses, so long as the expenses were incurred	10373
while the physician was enrolled in, for up to a maximum of four	10374
years, a medical school or osteopathic medical school in the	10375
United States that was, during the time enrolled, accredited by	10376
the liaison committee on medical education or the American	10377
osteopathic association, or a medical school or osteopathic	10378
medical school located outside the United States that was, during	10379
the time enrolled, acknowledged by the world health organization	10380
and verified by a member state of that organization as operating	10381
within the state's jurisdiction:	10382

(A) Tuition;

10383

(B) Other educational expenses, such as fees, books, and	10384
laboratory expenses, for specific purposes and in amounts	10385
determined to be reasonable by the director of health;	10386

(C) Room and board, in an amount determined reasonable by the	10387
director of health.	10388

NoIn the first and second years, no repayment shall exceed	10389
~~twenty~~twenty-five thousand dollars in ~~any~~each year. In the third	10390
and fourth years, no repayment shall exceed thirty-five thousand	10391
dollars in each year. If, however, a repayment results in an	10392
increase in the primary care physician's federal, state, or local	10393
income tax liability, ~~the Ohio board of regents,~~ at the	10394
physician's request ~~and with the approval of the director of~~	10395
~~health~~, the department may reimburse the physician for the	10396
increased tax liability, regardless of the amount of the repayment	10397
made to the physician in that year.	10398

Not later than the thirty-first day of January each year, the	10399
~~Ohio board of regents~~department shall mail to each physician to	10400
whom or on whose behalf repayment is made under this section a	10401
statement showing the amount ~~of principal and interest~~ repaid by	10402
the ~~board~~department pursuant to the contract in the preceding	10403
year. The statement shall be sent by ordinary mail with address	10404
correction and forwarding requested in the manner prescribed by	10405
the United States postal service.	10406

Sec. 3702.78. The director of health may accept gifts of	10407
money from any source for the implementation and administration of	10408
sections 3702.72 to 3702.77 of the Revised Code. ~~The Ohio board of~~	10409
~~regents may accept gifts of money from any source for~~	10410
~~implementation and administration of the physician loan repayment~~	10411
~~program under sections 3702.74 and 3702.75 of the Revised Code.~~	10412

The director shall pay all gifts accepted under this section	10413
into the state treasury, to the credit of the health resource	10414
shortage area fund, which is hereby created~~. The board shall pay~~,	10415
and all ~~gifts accepted under this section, and~~ damages collected	10416
under division (B)(4) of section 3702.74 of the Revised Code, into	10417
the state treasury, to the credit of the physician loan repayment	10418
fund, which is hereby created.	10419

The director shall use the health resource shortage area ~~fund~~	10420
and the physician loan repayment funds for the implementation and	10421
administration of sections 3702.72 to 3702.77 of the Revised Code.	10422
~~The board shall use the physician loan repayment fund for the~~	10423
~~implementation and administration of the physician loan repayment~~	10424
~~program under sections 3702.74 and 3702.75 of the Revised Code.~~	10425

Sec. 3702.79. The director of health, in accordance with	10426
Chapter 119. of the Revised Code, shall adopt rules as necessary	10427
to implement and administer sections 3702.71 to 3702.78 of the	10428
Revised Code. In preparing rules, the director shall consult with	10429
~~the Ohio board of regents and~~ the physician loan repayment	10430
advisory board.	10431

Sec. 3702.81. There is hereby created the physician loan	10432
repayment advisory board. The board shall consist of ~~eleven~~ten	10433
members as follows:	10434

(A) The following ~~six~~five members appointed by the governor:	10435
a representative of ~~the department of health, a representative of~~	10436
the Ohio academy of family practice, a representative of the board	10437
of regents, a representative of the Ohio association of community	10438
health centers, a representative of the Ohio state medical	10439
association, and a representative of the Ohio osteopathic	10440
association;	10441

(B) Two members of the house of representatives, one from	10442
each political party, appointed by the speaker of the house of	10443
representatives;	10444

(C) Two members of the senate, one from each political party,	10445
appointed by the president of the senate.	10446

(D) The director of health or an employee of the department	10447
of health designated by the director.	10448

Of the initial appointments made by the governor, three shall	10449
be for terms ending June 30, 1994, and four shall be for terms	10450
ending June 30, 1995. Of the initial appointments made by the	10451
speaker of the house of representatives, one shall be for a term	10452
ending June 30, 1994, and one shall be for a term ending June 30,	10453
1995. Of the initial appointments made by the president of the	10454
senate, one shall be for a term ending June 30, 1994, and one	10455
shall be for a term ending June 30, 1995. Thereafter, terms of	10456
office shall be two years, commencing on the first day of July and	10457
ending on the thirtieth day of June. Each member shall hold office	10458
from the date of appointment until the end of the term for which	10459
the member was appointed, except that a legislative member ceases	10460
to be a member of the board upon ceasing to be a member of the	10461
general assembly.	10462

Vacancies shall be filled in the manner prescribed for the	10463
original appointment. A member appointed to fill a vacancy	10464
occurring prior to the expiration of the term for which the	10465
member's predecessor was appointed shall hold office for the	10466
remainder of that term. A member shall continue in office	10467
subsequent to the expiration of the member's term until a	10468
successor takes office or until sixty days have elapsed, whichever	10469
occurs first. No person shall be appointed to the board for more	10470
than two consecutive terms.	10471

The governor, speaker, or president, or director may remove a	10472
member for whom the governor, speaker, or president, or director	10473
was the appointing authority, for misfeasance, malfeasance, or	10474
willful neglect of duty.	10475

The ~~governor~~board shall designate a member ~~of the board~~ to	10476
serve as chairperson of the board.	10477

The board shall meet at least once annually. The chairperson	10478
shall call special meetings as needed or upon the request of six	10479
members.	10480

Six members of the board constitute a quorum to transact and	10481
vote on all business coming before the board.	10482

Members of the board shall serve without compensation.

10483

The department of health shall provide the board with staff	10484
assistance as requested by the board.	10485

Sec. 3702.85. There is hereby created the dentist loan	10486
repayment program, which shall be administered by the department	10487
of health in cooperation with ~~the board of regents and~~ the dentist	10488
loan repayment advisory board. The program shall provide loan	10489
repayment on behalf of individuals who agree to provide dental	10490
services in areas designated as dental health resource shortage	10491
areas by the director of health pursuant to section 3702.87 of the	10492
Revised Code.	10493

Under the program, the ~~Ohio board~~department of ~~regents~~	10494
health, by means of a contract entered into under section 3702.91	10495
of the Revised Code, may agree to repay all or part of the	10496
principal and interest of a government or other educational loan	10497
taken by an individual for the following expenses incurred while	10498
the individual was enrolled in an accredited dental college or a	10499
dental college located outside of the United States that meets the	10500
standards of section 4715.11 of the Revised Code:	10501

(A) Tuition;

10502

(B) Other educational expenses, such as fees, books, and	10503
laboratory expenses that are for purposes and in amounts	10504
determined reasonable by the director of health;	10505

(C) Room and board, in an amount determined reasonable by the	10506
director of health.	10507

Sec. 3702.86. The director of health, in accordance with	10508
Chapter 119. of the Revised Code, shall adopt rules as necessary	10509
to implement and administer sections 3702.85 to 3702.95 of the	10510
Revised Code. In preparing rules, the director shall consult with	10511
~~the Ohio board of regents and~~ the dentist loan repayment advisory	10512
board.	10513

Sec. 3702.91. (A) An individual who has signed a letter of	10514
intent under section 3702.90 of the Revised Code may enter into a	10515
contract with the director of health ~~and the Ohio board of regents~~	10516
for participation in the dentist loan repayment program. A lending	10517
institution may also be a party to the contract.	10518

(B) The contract shall include all of the following	10519
obligations:	10520

(1) The individual agrees to provide dental services in the	10521
dental health resource shortage area identified in the letter of	10522
intent for at least one year.	10523

(2) When providing dental services in the dental health	10524
resource shortage area, the individual agrees to do all of the	10525
following:	10526

(a) Provide dental services for a minimum of forty hours per	10527
week;	10528

(b) Provide dental services without regard to a patient's	10529
ability to pay;	10530

(c) Meet the conditions prescribed by the "Social Security	10531
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the	10532
department of job and family services for participation in the	10533
medicaid program established under Chapter 5111. of the Revised	10534
Code and enter into a contract with the department to provide	10535
dental services to medicaid recipients.	10536

(3) The ~~Ohio board of regents~~department of health agrees, as	10537
provided in section 3702.85 of the Revised Code, to repay, so long	10538
as the individual performs the service obligation agreed to under	10539
division (B)(1) of this section, all or part of the principal and	10540
interest of a government or other educational loan taken by the	10541
individual for expenses described in section 3702.85 of the	10542
Revised Code up to but not exceeding twenty thousand dollars per	10543
year of service.	10544

(4) The individual agrees to pay the ~~board~~department of	10545
health the following as damages if the individual fails to	10546
complete the service obligation agreed to under division (B)(1) of	10547
this section:	10548

(a) If the failure occurs during the first two years of the	10549
service obligation, three times the total amount the ~~board~~	10550
department has agreed to repay under division (B)(3) of this	10551
section;	10552

(b) If the failure occurs after the first two years of the	10553
service obligation, three times the amount the ~~board~~department is	10554
still obligated to repay under division (B)(3) of this section.	10555

(C) The contract may include any other terms agreed upon by	10556
the parties, including an assignment to the ~~Ohio board of regents~~	10557
department of health of the individual's duty to pay the principal	10558
and interest of a government or other educational loan taken by	10559
the individual for expenses described in section 3702.85 of the	10560
Revised Code. If the ~~board~~department assumes the individual's	10561
duty to pay a loan, the contract shall set forth the total amount	10562
of principal and interest to be paid, an amortization schedule,	10563
and the amount of each payment to be made under the schedule.	10564

(D) Not later than the thirty-first day of January of each	10565
year, the ~~Ohio board of regents~~department of health shall mail to	10566
each individual to whom or on whose behalf repayment is made under	10567
the dentist loan repayment program a statement showing the amount	10568
of principal and interest repaid by the ~~board~~department pursuant	10569
to the contract in the preceding year. The statement shall be sent	10570
by ordinary mail with address correction and forwarding requested	10571
in the manner prescribed by the United States postal service.	10572

Sec. 3702.93. The dentist loan repayment advisory board shall	10573
determine the amounts that will be paid as loan repayments on	10574
behalf of participants in the dentist loan repayment program. No	10575
repayment shall exceed twenty thousand dollars in any year, except	10576
that if a repayment results in an increase in the participant's	10577
federal, state, or local income tax liability, the ~~Ohio board of~~	10578
~~regents~~department of health, at the participant's request and	10579
with the approval of the director of health, may reimburse the	10580
participant for the increased tax liability, regardless of the	10581
amount of the repayment in that year. Total repayment on behalf of	10582
a participant shall not exceed eighty thousand dollars over the	10583
time of participation in the program.	10584

Sec. 3702.95. The director of health may accept gifts of	10585
money from any source for the implementation and administration of	10586
sections 3702.85 to 3702.93 of the Revised Code. ~~The Ohio board of~~	10587
~~regents may accept gifts of money from any source for~~	10588
~~implementation and administration of the dentist loan repayment~~	10589
~~program under sections 3702.85 and 3702.91 of the Revised Code.~~	10590

The director shall pay all gifts accepted under this section	10591
into the state treasury, to the credit of the dental health	10592
resource shortage area fund, which is hereby created~~. The board~~	10593
~~shall pay~~, and all ~~gifts accepted under this section, and~~ damages	10594
collected under division (B)(4) of section 3702.91 of the Revised	10595
Code, into the state treasury, to the credit of the dentist loan	10596
repayment fund, which is hereby created.	10597

The director shall use the dental health resource shortage	10598
area ~~fund~~and dentist loan repayment funds for the implementation	10599
and administration of sections 3702.85 ~~and 3702.87 to 3702.93~~to	10600
3702.95 of the Revised Code. ~~The board shall use the dentist loan~~	10601
~~repayment fund for the implementation and administration of the~~	10602
~~dentist loan repayment program under sections 3702.85 and 3702.91~~	10603
~~of the Revised Code.~~	10604

Sec. 3703.01. (A) Except as otherwise provided in this	10605
section, the division of industrial compliance in the department	10606
of commerce shall do all of the following:	10607

(1) Inspect all nonresidential buildings within the meaning	10608
of section 3781.06 of the Revised Code;	10609

(2) Condemn all unsanitary or defective plumbing that is	10610
found in connection with those places;	10611

(3) Order changes in plumbing necessary to insure the safety	10612
of the public health.	10613

(B)(1)(a) The division of industrial compliance, boards of	10614
health of city and general health districts, and county building	10615
departments shall not inspect plumbing or collect fees for	10616
inspecting plumbing in particular types of buildings in any	10617
municipal corporation that is certified by the board of building	10618
standards under section 3781.10 of the Revised Code to exercise	10619
enforcement authority for plumbing in those types of buildings.	10620

(b) The division shall not inspect plumbing or collect fees	10621
for inspecting plumbing in particular types of buildings in any	10622
health district that employs one or more plumbing inspectors	10623
certified pursuant to division (D) of this section to enforce	10624
Chapters 3781. and 3791. of the Revised Code and the rules adopted	10625
pursuant to those chapters relating to plumbing in those types of	10626
buildings.	10627

(c) The division shall not inspect plumbing or collect fees	10628
for inspecting plumbing in particular types of buildings in any	10629
health district where the county building department is	10630
authorized to inspect those types of buildings pursuant to a	10631
contract described in division (C)(1) of this section.	10632

(d) The division shall not inspect plumbing or collect fees	10633
for inspecting plumbing in particular types of buildings in any	10634
health district where the board of health has entered into a	10635
contract with the board of health of another district to conduct	10636
inspections pursuant to division (C)(2) of this section.	10637

(2) No county building department shall inspect plumbing or	10638
collect fees for inspecting plumbing in any type of building in a	10639
health district unless the department is authorized to inspect	10640
that type of building pursuant to a contract described in division	10641
(C)(1) of this section.	10642

(3) No municipal corporation shall inspect plumbing or	10643
collect fees for inspecting plumbing in types of buildings for	10644
which it is not certified by the board of building standards	10645
under section 3781.10 of the Revised Code to exercise enforcement	10646
authority.	10647

(4) No board of health of a health district shall inspect	10648
plumbing or collect fees for inspecting plumbing in types of	10649
buildings for which it does not have a plumbing inspector	10650
certified pursuant to division (D) of this section.	10651

(C)(1) The board of health of a health district may enter	10652
into a contract with a board of county commissioners to authorize	10653
the county building department to inspect plumbing in buildings	10654
within the health district. The contract may designate that the	10655
department inspect either residential or nonresidential buildings,	10656
as those terms are defined in section 3781.06 of the Revised Code,	10657
or both types of buildings, so long as the department employs or	10658
contracts with a plumbing inspector certified pursuant to	10659
division (D) of this section to inspect the types of buildings	10660
the contract designates. The board of health may enter into a	10661
contract regardless of whether the health district employs any	10662
certified plumbing inspectors to enforce Chapters 3781. and	10663
3791. of the Revised Code.	10664

(2) The board of health of a health district, regardless of	10665
whether it employs any certified plumbing inspectors to enforce	10666
Chapters 3781. and 3791. of the Revised Code, may enter into a	10667
contract with the board of health of another health district to	10668
authorize that board to inspect plumbing in buildings within the	10669
contracting board's district. The contract may designate the	10670
inspection of either residential or nonresidential buildings as	10671
defined in section 3781.06 of the Revised Code, or both types of	10672
buildings, so long as the board that performs the inspections	10673
employs a plumbing inspector certified pursuant to division (D) of	10674
this section to inspect the types of buildings the contract	10675
designates.	10676

(D) The superintendent of industrial compliance shall adopt	10677
rules prescribing minimum qualifications based on education,	10678
training, experience, or demonstrated ability, that the	10679
superintendent shall use in certifying or recertifying plumbing	10680
inspectors to do plumbing inspections for health districts and	10681
county building departments that are authorized to perform	10682
inspections pursuant to a contract under division (C)(1) of this	10683
section, and for continuing education of plumbing inspectors.	10684
Those minimum qualifications shall be related to the types of	10685
buildings for which a person seeks certification.	10686

(E) The superintendent may enter into reciprocal	10687
registration, licensure, or certification agreements with other	10688
states and other agencies of this state relative to plumbing	10689
inspectors if both of the following apply:	10690

(1) The requirements for registration, licensure, or	10691
certification of plumbing inspectors under the laws of the other	10692
state or laws administered by the other agency are substantially	10693
equal to the requirements the superintendent adopts under division	10694
(D) of this section for certifying plumbing inspectors.	10695

(2) The other state or agency extends similar reciprocity to	10696
persons certified under this chapter.	10697

(F) The superintendent may select and contract with one or	10698
more persons to do all of the following regarding examinations for	10699
certification of plumbing inspectors:	10700

(1) Prepare, administer, score, and maintain the	10701
confidentiality of the examination;	10702

(2) Maintain responsibility for all expenses required to	10703
comply with division (F)(1) of this section;	10704

(3) Charge each applicant a fee for administering the	10705
examination in an amount the superintendent authorizes;	10706

(4) Design the examination for certification of plumbing	10707
inspectors to determine an applicant's competence to inspect	10708
plumbing.	10709

(G) Standards and methods prescribed in local plumbing	10710
regulations shall not be less than those prescribed in Chapters	10711
3781. and 3791. of the Revised Code and the rules adopted pursuant	10712
to those chapters.	10713

(H) Notwithstanding any other provision of this section, the	10714
division shall make a plumbing inspection of any building or	10715
other place that there is reason to believe is in a condition to	10716
be a menace to the public health.	10717

Sec. 3734.821. ~~Beginning on the effective date of this~~	10718
~~section~~Beginning on the effective date of this amendment and	10719
ending on June 30, 2011, at least sixty-five per cent of the	10720
moneys collected under division (A)(2) of section 3734.901 of the	10721
Revised Code and deposited in the state treasury to the credit of	10722
the scrap tire management fund created in section 3734.82 of the	10723
Revised Code shall be expended for clean-up and removal activities	10724
at the ~~Kirby~~Goss tire site in ~~Wyandot~~Muskingum county or other	10725
tire sites in the state.	10726

Sec. 3735.67. (A) The owner of real property located in a	10727
community reinvestment area and eligible for exemption from	10728
taxation under a resolution adopted pursuant to section 3735.66 of	10729
the Revised Code may file an application for an exemption from	10730
real property taxation of a percentage of the assessed valuation	10731
of a new structure or remodeling, completed after the effective	10732
date of the resolution adopted pursuant to section 3735.66 of the	10733
Revised Code, with the housing officer designated pursuant to	10734
section 3735.66 of the Revised Code for the community reinvestment	10735
area in which the property is located. If any part of the new	10736
structure or remodeling that would be exempted is of real property	10737
to be used for commercial or industrial purposes, the legislative	10738
authority and the owner of the property shall enter into a written	10739
agreement pursuant to section 3735.671 of the Revised Code prior	10740
to commencement of construction or remodeling; if such an	10741
agreement is subject to approval by the board of education of the	10742
school district within the territory of which the property is or	10743
will be located, the agreement shall not be formally approved by	10744
the legislative authority until the board of education approves	10745
the agreement in the manner prescribed by that section.	10746

(B) The housing officer shall verify the construction of the	10747
new structure or the cost of the remodeling and the facts asserted	10748
in the application. The housing officer shall determine whether	10749
the construction or the cost of the remodeling meets the	10750
requirements for an exemption under this section. In cases	10751
involving a structure of historical or architectural significance,	10752
the housing officer shall not determine whether the remodeling	10753
meets the requirements for a tax exemption unless the	10754
appropriateness of the remodeling has been certified, in writing,	10755
by the society, association, agency, or legislative authority that	10756
has designated the structure or by any organization or person	10757
authorized, in writing, by such society, association, agency, or	10758
legislative authority to certify the appropriateness of the	10759
remodeling.	10760

(C) If the construction or remodeling meets the requirements	10761
for exemption, the housing officer shall forward the application	10762
to the county auditor with a certification as to the division of	10763
this section under which the exemption is granted, and the period	10764
and percentage of the exemption as determined by the legislative	10765
authority pursuant to that division. If the construction or	10766
remodeling is of commercial or industrial property and the	10767
legislative authority is not required to certify a copy of a	10768
resolution under section 3735.671 of the Revised Code, the housing	10769
officer shall comply with the notice requirements prescribed under	10770
section 5709.83 of the Revised Code, unless the board has adopted	10771
a resolution under that section waiving its right to receive such	10772
a notice.	10773

(D) Except as provided in division (F) of this section, the	10774
tax exemption shall first apply in the year the construction or	10775
remodeling would first be taxable but for this section. In the	10776
case of remodeling that qualifies for exemption, a percentage, not	10777
to exceed one hundred per cent, of the amount by which the	10778
remodeling increased the assessed value of the structure shall be	10779
exempted from real property taxation. In the case of construction	10780
of a structure that qualifies for exemption, a percentage, not to	10781
exceed one hundred per cent, of the assessed value of the	10782
structure shall be exempted from real property taxation. In either	10783
case, the percentage shall be the percentage set forth in the	10784
agreement if the structure or remodeling is to be used for	10785
commercial or industrial purposes, or the percentage set forth in	10786
the resolution describing the community reinvestment area if the	10787
structure or remodeling is to be used for residential purposes.	10788

The construction of new structures and the remodeling of	10789
existing structures are hereby declared to be a public purpose for	10790
which exemptions from real property taxation may be granted for	10791
the following periods:	10792

(1) For every dwelling containing not more than two family	10793
units located within the same community reinvestment area and upon	10794
which the cost of remodeling is at least two thousand five hundred	10795
dollars, a period to be determined by the legislative authority	10796
adopting the resolution describing the community reinvestment area	10797
where the dwelling is located, but not exceeding ten years unless	10798
extended pursuant to division (D)(3) of this section;	10799

(2) For every dwelling containing more than two units and	10800
commercial or industrial properties, located within the same	10801
community reinvestment area, upon which the cost of remodeling is	10802
at least five thousand dollars, a period to be determined by the	10803
legislative authority adopting the resolution, but not exceeding	10804
twelve years unless extended pursuant to division (D)(3) of this	10805
section;	10806

(3) The period of exemption for a dwelling described in	10807
division (D)(1) or (2) of this section may be extended by a	10808
legislative authority for up to an additional ten years if the	10809
dwelling is a structure of historical or architectural	10810
significance, is a certified historic structure that has been	10811
subject to federal tax treatment under 26 U.S.C. 47 and 170(h),	10812
and units within the structure have been leased to individual	10813
tenants for five consecutive years;	10814

(4) Except as provided in division (F) of this section, for	10815
construction of every dwelling, and commercial or industrial	10816
structure located within the same community reinvestment area, a	10817
period to be determined by the legislative authority adopting the	10818
resolution, but not exceeding fifteen years.	10819

(E) Any person, board, or officer authorized by section	10820
5715.19 of the Revised Code to file complaints with the county	10821
board of revision may file a complaint with the housing officer	10822
challenging the continued exemption of any property granted an	10823
exemption under this section. A complaint against exemption shall	10824
be filed prior to the thirty-first day of December of the tax year	10825
for which taxation of the property is requested. The housing	10826
officer shall determine whether the property continues to meet the	10827
requirements for exemption and shall certify the housing officer's	10828
findings to the complainant. If the housing officer determines	10829
that the property does not meet the requirements for exemption,	10830
the housing officer shall notify the county auditor, who shall	10831
correct the tax list and duplicate accordingly.	10832

(F) The owner of a dwelling constructed in a community	10833
reinvestment area may file an application for an exemption after	10834
the year the construction first became subject to taxation. The	10835
application shall be processed in accordance with the procedures	10836
prescribed under this section and shall be granted if the	10837
construction that is the subject of the application otherwise	10838
meets the requirements for an exemption under this section. If	10839
approved, the exemption sought in the application first applies in	10840
the year the application is filed. An exemption approved pursuant	10841
to this division continues only for those years remaining in the	10842
period described in division (D)~~(3)~~(4) of this section. No	10843
exemption may be claimed for any year in that period that precedes	10844
the year in which the application is filed.	10845

Sec. 3905.40. There shall be paid to the superintendent of	10846
insurance the following fees:	10847

(A) Each insurance company doing business in this state shall	10848
pay:	10849

(1) For filing a copy of its charter or deed of settlement,	10850
two hundred fifty dollars;	10851

(2) For filing each statement, one hundred seventy-five	10852
dollars;	10853

(3) For each certificate of authority or license, one hundred	10854
seventy-five, and for each certified copy thereof, five dollars;	10855

(4) For each copy of a paper filed in the superintendent's	10856
office, twenty cents per page;	10857

(5) For issuing certificates of deposits or certified copies	10858
thereof, five dollars for the first certificate or copy and one	10859
dollar for each additional certificate or copy;	10860

(6) For issuing certificates of compliance or certified	10861
copies thereof, sixty dollars;	10862

(7) For affixing the seal of office and certifying documents,	10863
other than those enumerated herein, two dollars.	10864

(B) Each domestic life insurance company doing business in	10865
this state shall pay for annual valuation of its policies, one	10866
cent on every one thousand dollars of insurance.	10867

(C) Each applicant for licensure as an individual insurance	10868
agent except applicants for licensure as limited lines insurance	10869
agents and surplus line brokers shall pay ten dollars ~~before~~	10870
~~admission to any examination required by the superintendent. Such~~	10871
~~fee shall not be paid by the appointing insurance company~~for each	10872
line of authority requested. Fees collected under this division	10873
shall be credited to the department of insurance operating fund	10874
created in section 3901.021 of the Revised Code.	10875

(D) Each domestic mutual life insurance company shall pay for	10876
verifying that any amendment to its articles of incorporation was	10877
regularly adopted, two hundred fifty dollars with each application	10878
for verification. Any such amendment shall be considered to have	10879
been regularly adopted when approved by the affirmative vote of	10880
two-thirds of the policyholders present in person or by proxy at	10881
any annual meeting of policyholders or at a special meeting of	10882
policyholders called for that purpose.	10883

Sec. 3925.101. With the approval of the superintendent of	10884
insurance, sections 3925.06 to 3925.09 and 3925.20 of the Revised	10885
Code shall not apply to a domestic insurance company that	10886
qualifies as a foreign country branch of a United States company	10887
that writes policies exclusively in countries other than the	10888
United States if those other countries have laws pertaining to	10889
insurance company investments and the foreign country branch is	10890
required to comply with those laws.	10891

Sec. 3961.04. (A) A discount medical plan organization or	10892
marketer shall disclose all of the following information in	10893
writing in not less than twelve-point type on the first content	10894
page of any advertisements, marketing materials, or brochures made	10895
available to the public relating to a discount medical plan and	10896
with any enrollment forms:	10897

(1) A statement that the discount medical plan is not	10898
insurance;	10899

(2) A statement that the range of discounts for medical	10900
services offered under the discount medical plan will vary	10901
depending on the type of provider and medical services;	10902

(3) A statement that the discount medical plan is prohibited	10903
from making members' payments to providers for medical services	10904
received under the discount medical plan;	10905

(4) A statement that the member is obligated to pay for all	10906
discounted medical services received under the discount medical	10907
plan;	10908

(5) The discount medical plan organization's toll-free	10909
telephone number and internet web site address that a member or	10910
prospective member may use to obtain additional information about	10911
and assistance with the discount medical plan and up-to-date lists	10912
of providers participating in the discount medical plan.	10913

(B) If a discount medical plan organization's or marketer's	10914
initial contact with a prospective member is by telephone, the	10915
organization or marketer shall disclose all of the information	10916
listed in division (A) of this section orally in addition to	10917
including such disclosures in the initial written materials	10918
provided to the prospective or new member.	10919

(C) In addition to the disclosures required under division	10920
(A) of this section, a discount medical plan organization shall	10921
provide to each prospective member, at the time of enrollment, a	10922
copy of the terms and conditions of the discount medical plan,	10923
including any limitations or restrictions on the refund of any	10924
processing fees or periodic charges associated with the discount	10925
medical plan. A discount medical plan organization also shall	10926
provide each new member a written document containing the terms	10927
and conditions of the discount medical plan and including all of	10928
the following:	10929

(1) Name of the member;

10930

(2) Benefits provided under the discount medical plan;

10931

(3) Any processing fees and periodic charges associated with	10932
the discount medical plan, including, but not limited to, if	10933
applicable, the procedures for changing the mode of payment and	10934
any accompanying additional charges;	10935

(4) Any limitations, exclusions, or exceptions regarding the	10936
receipt of discount medical plan benefits;	10937

(5) Any waiting periods for certain medical services under	10938
the discount medical plan;	10939

(6) Procedures for obtaining discounts under the discount	10940
medical plan, such as requiring members to contact the discount	10941
medical plan organization to request that the organization make an	10942
appointment with a provider on the member's behalf;	10943

(7) Cancellation and refund rights described in section	10944
3961.06 of the Revised Code;	10945

(8) Membership renewal, termination, and cancellation terms	10946
and conditions;	10947

(9) Procedures for adding new family members to the discount	10948
medical plan;	10949

(10) Procedures for filing complaints under the discount	10950
medical plan organization's complaint system and a statement	10951
explaining that, if the member remains dissatisfied after	10952
completing the organization's complaint system, the member may	10953
contact the department of insurance;	10954

(11) Name, mailing address, and toll-free telephone number of	10955
the discount medical plan organization that a member may use to	10956
make inquiries about the discount medical plan, send cancellation	10957
notices, and file complaints.	10958

(D) A discount medical plan organization shall maintain on an	10959
internet web site page an up-to-date list of the names and	10960
addresses of the providers with which the organization has	10961
contracted directly or indirectly through a provider network. The	10962
organization's internet web site address shall be prominently	10963
displayed on all of the organization's advertisements, marketing	10964
materials, brochures, and discount medical plan cards.	10965

(E) When a discount medical plan organization or marketer	10966
sells a discount medical plan together with any other product, the	10967
organization or marketer shall do either of the following:	10968

(1) Provide the charges for each discount medical plan in	10969
writing to the member;	10970

(2) Reimburse the member for all periodic charges for the	10971
discount medical plan and all periodic charges for any other	10972
product if the member cancels ~~his or her~~ membership in accordance	10973
with division (B) of section ~~3901.06~~3961.06 of the Revised Code.	10974

Sec. 4117.01. As used in this chapter:

10975

(A) "Person," in addition to those included in division (C)	10976
of section 1.59 of the Revised Code, includes employee	10977
organizations, public employees, and public employers.	10978

(B)(1) "Public employer" means the state or any political	10979
subdivision of the state located entirely within the state,	10980
including, without limitation, any municipal corporation with a	10981
population of at least five thousand ~~according to the most recent~~	10982
~~federal decennial census~~; county; township with a population of at	10983
least five thousand in the unincorporated area of the township	10984
~~according to the most recent federal decennial census~~; school	10985
district; governing authority of a community school established	10986
under Chapter 3314. of the Revised Code; state institution of	10987
higher learning; public or special district; state agency,	10988
authority, commission, or board; or other branch of public	10989
employment.	10990

(2) In addition, with respect to members of a fire department	10991
of a township with a population of less than five thousand in the	10992
unincorporated area of the township, "public employer" means a	10993
township with a population of at least five thousand in the	10994
incorporated and unincorporated areas of the township that are	10995
served by the township fire department.	10996

(3) For purposes of division (B) of this section, population	10997
shall be determined in accordance with the most recent federal	10998
decennial census.	10999

(C) "Public employee" means any person holding a position by	11000
appointment or employment in the service of a public employer,	11001
including any person working pursuant to a contract between a	11002
public employer and a private employer and over whom the national	11003
labor relations board has declined jurisdiction on the basis that	11004
the involved employees are employees of a public employer, except:	11005

(1) Persons holding elective office;

11006

(2) Employees of the general assembly and employees of any	11007
other legislative body of the public employer whose principal	11008
duties are directly related to the legislative functions of the	11009
body;	11010

(3) Employees on the staff of the governor or the chief	11011
executive of the public employer whose principal duties are	11012
directly related to the performance of the executive functions of	11013
the governor or the chief executive;	11014

(4) Persons who are members of the Ohio organized militia,	11015
while training or performing duty under section 5919.29 or 5923.12	11016
of the Revised Code;	11017

(5) Employees of the state employment relations board;

11018

(6) Confidential employees;

11019

(7) Management level employees;

11020

(8) Employees and officers of the courts, assistants to the	11021
attorney general, assistant prosecuting attorneys, and employees	11022
of the clerks of courts who perform a judicial function;	11023

(9) Employees of a public official who act in a fiduciary	11024
capacity, appointed pursuant to section 124.11 of the Revised	11025
Code;	11026

(10) Supervisors;

11027

(11) Students whose primary purpose is educational training,	11028
including graduate assistants or associates, residents, interns,	11029
or other students working as part-time public employees less than	11030
fifty per cent of the normal year in the employee's bargaining	11031
unit;	11032

(12) Employees of county boards of election;

11033

(13) Seasonal and casual employees as determined by the state	11034
employment relations board;	11035

(14) Part-time faculty members of an institution of higher	11036
education;	11037

(15) Employees of the state personnel board of review;

11038

(16) Participants in a work activity, developmental activity,	11039
or alternative work activity under sections 5107.40 to 5107.69 of	11040
the Revised Code who perform a service for a public employer that	11041
the public employer needs but is not performed by an employee of	11042
the public employer if the participant is not engaged in paid	11043
employment or subsidized employment pursuant to the activity;	11044

(17) Employees included in the career professional service of	11045
the department of transportation under section 5501.20 of the	11046
Revised Code;	11047

(18) Employees of community-based correctional facilities and	11048
district community-based correctional facilities created under	11049
sections 2301.51 to 2301.58 of the Revised Code who are not	11050
subject to a collective bargaining agreement on June 1, 2005.	11051

(D) "Employee organization" means any labor or bona fide	11052
organization in which public employees participate and that exists	11053
for the purpose, in whole or in part, of dealing with public	11054
employers concerning grievances, labor disputes, wages, hours,	11055
terms, and other conditions of employment.	11056

(E) "Exclusive representative" means the employee	11057
organization certified or recognized as an exclusive	11058
representative under section 4117.05 of the Revised Code.	11059

(F) "Supervisor" means any individual who has authority, in	11060
the interest of the public employer, to hire, transfer, suspend,	11061
lay off, recall, promote, discharge, assign, reward, or discipline	11062
other public employees; to responsibly direct them; to adjust	11063
their grievances; or to effectively recommend such action, if the	11064
exercise of that authority is not of a merely routine or clerical	11065
nature, but requires the use of independent judgment, provided	11066
that:	11067

(1) Employees of school districts who are department	11068
chairpersons or consulting teachers shall not be deemed	11069
supervisors;	11070

(2) With respect to members of a police or fire department,	11071
no person shall be deemed a supervisor except the chief of the	11072
department or those individuals who, in the absence of the chief,	11073
are authorized to exercise the authority and perform the duties of	11074
the chief of the department. Where prior to June 1, 1982, a public	11075
employer pursuant to a judicial decision, rendered in litigation	11076
to which the public employer was a party, has declined to engage	11077
in collective bargaining with members of a police or fire	11078
department on the basis that those members are supervisors, those	11079
members of a police or fire department do not have the rights	11080
specified in this chapter for the purposes of future collective	11081
bargaining. The state employment relations board shall decide all	11082
disputes concerning the application of division (F)(2) of this	11083
section.	11084

(3) With respect to faculty members of a state institution of	11085
higher education, heads of departments or divisions are	11086
supervisors; however, no other faculty member or group of faculty	11087
members is a supervisor solely because the faculty member or group	11088
of faculty members participate in decisions with respect to	11089
courses, curriculum, personnel, or other matters of academic	11090
policy;	11091

(4) No teacher as defined in section 3319.09 of the Revised	11092
Code shall be designated as a supervisor or a management level	11093
employee unless the teacher is employed under a contract governed	11094
by section 3319.01, 3319.011, or 3319.02 of the Revised Code and	11095
is assigned to a position for which a license deemed to be for	11096
administrators under state board rules is required pursuant to	11097
section 3319.22 of the Revised Code.	11098

(G) "To bargain collectively" means to perform the mutual	11099
obligation of the public employer, by its representatives, and the	11100
representatives of its employees to negotiate in good faith at	11101
reasonable times and places with respect to wages, hours, terms,	11102
and other conditions of employment and the continuation,	11103
modification, or deletion of an existing provision of a collective	11104
bargaining agreement, with the intention of reaching an agreement,	11105
or to resolve questions arising under the agreement. "To bargain	11106
collectively" includes executing a written contract incorporating	11107
the terms of any agreement reached. The obligation to bargain	11108
collectively does not mean that either party is compelled to agree	11109
to a proposal nor does it require the making of a concession.	11110

(H) "Strike" means continuous concerted action in failing to	11111
report to duty; willful absence from one's position; or stoppage	11112
of work in whole from the full, faithful, and proper performance	11113
of the duties of employment, for the purpose of inducing,	11114
influencing, or coercing a change in wages, hours, terms, and	11115
other conditions of employment. "Strike" does not include a	11116
stoppage of work by employees in good faith because of dangerous	11117
or unhealthful working conditions at the place of employment that	11118
are abnormal to the place of employment.	11119

(I) "Unauthorized strike" includes, but is not limited to,	11120
concerted action during the term or extended term of a collective	11121
bargaining agreement or during the pendency of the settlement	11122
procedures set forth in section 4117.14 of the Revised Code in	11123
failing to report to duty; willful absence from one's position;	11124
stoppage of work; slowdown, or abstinence in whole or in part from	11125
the full, faithful, and proper performance of the duties of	11126
employment for the purpose of inducing, influencing, or coercing a	11127
change in wages, hours, terms, and other conditions of employment.	11128
"Unauthorized strike" includes any such action, absence, stoppage,	11129
slowdown, or abstinence when done partially or intermittently,	11130
whether during or after the expiration of the term or extended	11131
term of a collective bargaining agreement or during or after the	11132
pendency of the settlement procedures set forth in section 4117.14	11133
of the Revised Code.	11134

(J) "Professional employee" means any employee engaged in	11135
work that is predominantly intellectual, involving the consistent	11136
exercise of discretion and judgment in its performance and	11137
requiring knowledge of an advanced type in a field of science or	11138
learning customarily acquired by a prolonged course in an	11139
institution of higher learning or a hospital, as distinguished	11140
from a general academic education or from an apprenticeship; or an	11141
employee who has completed the courses of specialized intellectual	11142
instruction and is performing related work under the supervision	11143
of a professional person to become qualified as a professional	11144
employee.	11145

(K) "Confidential employee" means any employee who works in	11146
the personnel offices of a public employer and deals with	11147
information to be used by the public employer in collective	11148
bargaining; or any employee who works in a close continuing	11149
relationship with public officers or representatives directly	11150
participating in collective bargaining on behalf of the employer.	11151

(L) "Management level employee" means an individual who	11152
formulates policy on behalf of the public employer, who	11153
responsibly directs the implementation of policy, or who may	11154
reasonably be required on behalf of the public employer to assist	11155
in the preparation for the conduct of collective negotiations,	11156
administer collectively negotiated agreements, or have a major	11157
role in personnel administration. Assistant superintendents,	11158
principals, and assistant principals whose employment is governed	11159
by section 3319.02 of the Revised Code are management level	11160
employees. With respect to members of a faculty of a state	11161
institution of higher education, no person is a management level	11162
employee because of the person's involvement in the formulation or	11163
implementation of academic or institution policy.	11164

(M) "Wages" means hourly rates of pay, salaries, or other	11165
forms of compensation for services rendered.	11166

(N) "Member of a police department" means a person who is in	11167
the employ of a police department of a municipal corporation as a	11168
full-time regular police officer as the result of an appointment	11169
from a duly established civil service eligibility list or under	11170
section 737.15 or 737.16 of the Revised Code, a full-time deputy	11171
sheriff appointed under section 311.04 of the Revised Code, a	11172
township constable appointed under section 509.01 of the Revised	11173
Code, or a member of a township police district police department	11174
appointed under section 505.49 of the Revised Code.	11175

(O) "Members of the state highway patrol" means highway	11176
patrol troopers and radio operators appointed under section	11177
5503.01 of the Revised Code.	11178

(P) "Member of a fire department" means a person who is in	11179
the employ of a fire department of a municipal corporation or a	11180
township as a fire cadet, full-time regular firefighter, or	11181
promoted rank as the result of an appointment from a duly	11182
established civil service eligibility list or under section	11183
505.38, 709.012, or 737.22 of the Revised Code.	11184

(Q) "Day" means calendar day.

11185

Sec. 4117.09. (A) The parties to any collective bargaining	11186
agreement shall reduce the agreement to writing and both execute	11187
it.	11188

(B) The agreement shall contain a provision that:

11189

(1) Provides for a grievance procedure which may culminate	11190
with final and binding arbitration of unresolved grievances, and	11191
disputed interpretations of agreements, and which is valid and	11192
enforceable under its terms when entered into in accordance with	11193
this chapter. No publication thereof is required to make it	11194
effective. A party to the agreement may bring suits for violation	11195
of agreements or the enforcement of an award by an arbitrator in	11196
the court of common pleas of any county wherein a party resides or	11197
transacts business.	11198

(2) Authorizes the public employer to deduct the periodic	11199
dues, initiation fees, and assessments of members of the exclusive	11200
representative upon presentation of a written deduction	11201
authorization by the employee.	11202

(C) The agreement may contain a provision that requires as a	11203
condition of employment, on or after a mutually agreed upon	11204
probationary period or sixty days following the beginning of	11205
employment, whichever is less, or the effective date of a	11206
collective bargaining agreement, whichever is later, that the	11207
employees in the unit who are not members of the employee	11208
organization pay to the employee organization a fair share fee.	11209
The arrangement does not require any employee to become a member	11210
of the employee organization, nor shall fair share fees exceed	11211
dues paid by members of the employee organization who are in the	11212
same bargaining unit. Any public employee organization	11213
representing public employees pursuant to this chapter shall	11214
prescribe an internal procedure to determine a rebate, if any, for	11215
nonmembers which conforms to federal law, provided a nonmember	11216
makes a timely demand on the employee organization. Absent	11217
arbitrary and capricious action, such determination is conclusive	11218
on the parties except that a challenge to the determination may be	11219
filed with the state employment relations board within thirty days	11220
of the determination date specifying the arbitrary or capricious	11221
nature of the determination and the board shall review the rebate	11222
determination and decide whether it was arbitrary or capricious.	11223
The deduction of a fair share fee by the public employer from the	11224
payroll check of the employee and its payment to the employee	11225
organization is automatic and does not require the written	11226
authorization of the employee.	11227

The internal rebate procedure shall provide for a rebate of	11228
expenditures in support of partisan politics or ideological causes	11229
not ~~germaine~~germane to the work of employee organizations in the	11230
realm of collective bargaining.	11231

Any public employee who is a member of and adheres to	11232
established and traditional tenets or teachings of a bona fide	11233
religion or religious body which has historically held	11234
conscientious objections to joining or financially supporting an	11235
employee organization and which is exempt from taxation under the	11236
provisions of the Internal Revenue Code shall not be required to	11237
join or financially support any employee organization as a	11238
condition of employment. Upon submission of proper proof of	11239
religious conviction to the board, the board shall declare the	11240
employee exempt from becoming a member of or financially	11241
supporting an employee organization. The employee shall be	11242
required, in lieu of the fair share fee, to pay an amount of money	11243
equal to the fair share fee to a nonreligious charitable fund	11244
exempt from taxation under section 501(c)(3) of the Internal	11245
Revenue Code mutually agreed upon by the employee and the	11246
representative of the employee organization to which the employee	11247
would otherwise be required to pay the fair share fee. The	11248
employee shall furnish to the employee organization written	11249
receipts evidencing such payment, and failure to make the payment	11250
or furnish the receipts shall subject the employee to the same	11251
sanctions as would nonpayment of dues under the applicable	11252
collective bargaining agreement.	11253

No public employer shall agree to a provision requiring that	11254
a public employee become a member of an employee organization as a	11255
condition for securing or retaining employment.	11256

(D) As used in this division, "teacher" means any employee of	11257
a school district certified to teach in the public schools of this	11258
state.	11259

The agreement may contain a provision that provides for a	11260
peer review plan under which teachers in a bargaining unit or	11261
representatives of an employee organization representing teachers	11262
may, for other teachers of the same bargaining unit or teachers	11263
whom the employee organization represents, participate in	11264
assisting, instructing, reviewing, evaluating, or appraising and	11265
make recommendations or participate in decisions with respect to	11266
the retention, discharge, renewal, or nonrenewal of, the teachers	11267
covered by a peer review plan.	11268

The participation of teachers or their employee organization	11269
representative in a peer review plan permitted under this division	11270
shall not be construed as an unfair labor practice under this	11271
chapter or as a violation of any other provision of law or rule	11272
adopted pursuant thereto.	11273

(E) No agreement shall contain an expiration date that is	11274
later than three years from the date of execution. The parties may	11275
extend any agreement, but the extensions do not affect the	11276
expiration date of the original agreement.	11277

(F) As used in this division, "township" means a public	11278
employer as defined in division (B)(2) of section 4117.01 of the	11279
Revised Code.	11280

An agreement entered into between a township and an employee	11281
organization representing the members of the township's fire	11282
department shall contain a provision stating that if any	11283
incorporated municipal corporations located within the township	11284
elect to no longer receive fire protection through the township,	11285
and as a result the population served by that township's fire	11286
department becomes less than five thousand according to the most	11287
recent federal decennial census, the township, at the township's	11288
option, may terminate the agreement entered into between the	11289
township and the employee organization.	11290

Sec. 4117.14. (A) The procedures contained in this section	11291
govern the settlement of disputes between an exclusive	11292
representative and a public employer concerning the termination or	11293
modification of an existing collective bargaining agreement or	11294
negotiation of a successor agreement, or the negotiation of an	11295
initial collective bargaining agreement.	11296

(B)(1) In those cases where there exists a collective	11297
bargaining agreement, any public employer or exclusive	11298
representative desiring to terminate, modify, or negotiate a	11299
successor collective bargaining agreement shall:	11300

(a) Serve written notice upon the other party of the proposed	11301
termination, modification, or successor agreement. The party must	11302
serve the notice not less than sixty days prior to the expiration	11303
date of the existing agreement or, in the event the existing	11304
collective bargaining agreement does not contain an expiration	11305
date, not less than sixty days prior to the time it is proposed to	11306
make the termination or modifications or to make effective a	11307
successor agreement.	11308

(b) Offer to bargain collectively with the other party for	11309
the purpose of modifying or terminating any existing agreement or	11310
negotiating a successor agreement;	11311

(c) Notify the state employment relations board of the offer	11312
by serving upon the board a copy of the written notice to the	11313
other party and a copy of the existing collective bargaining	11314
agreement.	11315

(2) In the case of initial negotiations between a public	11316
employer and an exclusive representative, where a collective	11317
bargaining agreement has not been in effect between the parties,	11318
any party may serve notice upon the board and the other party	11319
setting forth the names and addresses of the parties and offering	11320
to meet, for a period of ninety days, with the other party for the	11321
purpose of negotiating a collective bargaining agreement.	11322

If the settlement procedures specified in divisions (B), (C),	11323
and (D) of this section govern the parties, where those procedures	11324
refer to the expiration of a collective bargaining agreement, it	11325
means the expiration of the sixty-day period to negotiate a	11326
collective bargaining agreement referred to in this subdivision,	11327
or in the case of initial negotiations, it means the ninety day	11328
period referred to in this subdivision.	11329

(3) The parties shall continue in full force and effect all	11330
the terms and conditions of any existing collective bargaining	11331
agreement, without resort to strike or lock-out, for a period of	11332
sixty days after the party gives notice or until the expiration	11333
date of the collective bargaining agreement, whichever occurs	11334
later, or for a period of ninety days where applicable.	11335

(4) Upon receipt of the notice, the parties shall enter into	11336
collective bargaining.	11337

(C) In the event the parties are unable to reach an	11338
agreement, they may submit, at any time prior to forty-five days	11339
before the expiration date of the collective bargaining agreement,	11340
the issues in dispute to any mutually agreed upon dispute	11341
settlement procedure which supersedes the procedures contained in	11342
this section.	11343

(1) The procedures may include:

11344

(a) Conventional arbitration of all unsettled issues;

11345

(b) Arbitration confined to a choice between the last offer	11346
of each party to the agreement as a single package;	11347

(c) Arbitration confined to a choice of the last offer of	11348
each party to the agreement on each issue submitted;	11349

(d) The procedures described in division (C)(1)(a), (b), or	11350
(c) of this section and including among the choices for the	11351
arbitrator, the recommendations of the fact finder, if there are	11352
recommendations, either as a single package or on each issue	11353
submitted;	11354

(e) Settlement by a citizens' conciliation council composed	11355
of three residents within the jurisdiction of the public employer.	11356
The public employer shall select one member and the exclusive	11357
representative shall select one member. The two members selected	11358
shall select the third member who shall chair the council. If the	11359
two members cannot agree upon a third member within five days	11360
after their appointments, the board shall appoint the third	11361
member. Once appointed, the council shall make a final settlement	11362
of the issues submitted to it pursuant to division (G) of this	11363
section.	11364

(f) Any other dispute settlement procedure mutually agreed to	11365
by the parties.	11366

(2) If, fifty days before the expiration date of the	11367
collective bargaining agreement, the parties are unable to reach	11368
an agreement, any party may request the state employment relations	11369
board to intervene. The request shall set forth the names and	11370
addresses of the parties, the issues involved, and, if applicable,	11371
the expiration date of any agreement.	11372

The board shall intervene and investigate the dispute to	11373
determine whether the parties have engaged in collective	11374
bargaining.	11375

If an impasse exists or forty-five days before the expiration	11376
date of the collective bargaining agreement if one exists, the	11377
board shall appoint a mediator to assist the parties in the	11378
collective bargaining process.	11379

(3) Any time after the appointment of a mediator, either	11380
party may request the appointment of a fact-finding panel. Within	11381
fifteen days after receipt of a request for a fact-finding panel,	11382
the board shall appoint a fact-finding panel of not more than	11383
three members who have been selected by the parties in accordance	11384
with rules established by the board, from a list of qualified	11385
persons maintained by the board.	11386

(a) The fact-finding panel shall, in accordance with rules	11387
and procedures established by the board that include the	11388
regulation of costs and expenses of fact-finding, gather facts and	11389
make recommendations for the resolution of the matter. The board	11390
shall by its rules require each party to specify in writing the	11391
unresolved issues and its position on each issue to the	11392
fact-finding panel. The fact-finding panel shall make final	11393
recommendations as to all the unresolved issues.	11394

(b) The board may continue mediation, order the parties to	11395
engage in collective bargaining until the expiration date of the	11396
agreement, or both.	11397

(4) The following guidelines apply to fact-finding:

11398

(a) The fact-finding panel may establish times and place of	11399
hearings which shall be, where feasible, in the jurisdiction of	11400
the state.	11401

(b) The fact-finding panel shall conduct the hearing pursuant	11402
to rules established by the board.	11403

(c) Upon request of the fact-finding panel, the board shall	11404
issue subpoenas for hearings conducted by the panel.	11405

(d) The fact-finding panel may administer oaths.

11406

(e) The board shall prescribe guidelines for the fact-finding	11407
panel to follow in making findings. In making its recommendations,	11408
the fact-finding panel shall take into consideration the factors	11409
listed in divisions (G)(7)(a) to (f) of this section.	11410

(f) The fact-finding panel may attempt mediation at any time	11411
during the fact-finding process. From the time of appointment	11412
until the fact-finding panel makes a final recommendation, it	11413
shall not discuss the recommendations for settlement of the	11414
dispute with parties other than the direct parties to the dispute.	11415

(5) The fact-finding panel, acting by a majority of its	11416
members, shall transmit its findings of fact and recommendations	11417
on the unresolved issues to the public employer and employee	11418
organization involved and to the board no later than fourteen days	11419
after the appointment of the fact-finding panel, unless the	11420
parties mutually agree to an extension. The parties shall share	11421
the cost of the fact-finding panel in a manner agreed to by the	11422
parties.	11423

(6)(a) Not later than seven days after the findings and	11424
recommendations are sent, the legislative body, by a three-fifths	11425
vote of its total membership, and in the case of the public	11426
employee organization, the membership, by a three-fifths vote of	11427
the total membership, may reject the recommendations; if neither	11428
rejects the recommendations, the recommendations shall be deemed	11429
agreed upon as the final resolution of the issues submitted and a	11430
collective bargaining agreement shall be executed between the	11431
parties, including the fact-finding panel's recommendations,	11432
except as otherwise modified by the parties by mutual agreement.	11433
If either the legislative body or the public employee organization	11434
rejects the recommendations, the board shall publicize the	11435
findings of fact and recommendations of the fact-finding panel.	11436
The board shall adopt rules governing the procedures and methods	11437
for public employees to vote on the recommendations of the	11438
fact-finding panel.	11439

(b) As used in division (C)(6)(a) of this section,	11440
"legislative body" means the controlling board when the state or	11441
any of its agencies, authorities, commissions, boards, or other	11442
branch of public employment is party to the fact-finding process.	11443

(D) If the parties are unable to reach agreement within seven	11444
days after the publication of findings and recommendations from	11445
the fact-finding panel or the collective bargaining agreement, if	11446
one exists, has expired, then the:	11447

(1) Public employees, who are members of a police or fire	11448
department, members of the state highway patrol, deputy sheriffs,	11449
dispatchers employed by a police, fire or sheriff's department or	11450
the state highway patrol or civilian dispatchers employed by a	11451
public employer other than a police, fire, or sheriff's department	11452
to dispatch police, fire, sheriff's department, or emergency	11453
medical or rescue personnel and units, an exclusive nurse's unit,	11454
employees of the state school for the deaf or the state school for	11455
the blind, employees of any public employee retirement system,	11456
corrections officers, guards at penal or mental institutions,	11457
special police officers appointed in accordance with sections	11458
5119.14 and 5123.13 of the Revised Code, psychiatric attendants	11459
employed at mental health forensic facilities, or youth leaders	11460
employed at juvenile correctional facilities, or members of a law	11461
enforcement security force that is established and maintained	11462
exclusively by a board of county commissioners and whose members	11463
are employed by that board, shall submit the matter to a final	11464
offer settlement procedure pursuant to a board order issued	11465
forthwith to the parties to settle by a conciliator selected by	11466
the parties. The parties shall request from the board a list of	11467
five qualified conciliators and the parties shall select a single	11468
conciliator from the list by alternate striking of names. If the	11469
parties cannot agree upon a conciliator within five days after the	11470
board order, the board shall on the sixth day after its order	11471
appoint a conciliator from a list of qualified persons maintained	11472
by the board or shall request a list of qualified conciliators	11473
from the American arbitration association and appoint therefrom.	11474

(2) Public employees other than those listed in division	11475
(D)(1) of this section have the right to strike under Chapter	11476
4117. of the Revised Code provided that the employee organization	11477
representing the employees has given a ten-day prior written	11478
notice of an intent to strike to the public employer and to the	11479
board, and further provided that the strike is for full,	11480
consecutive work days and the beginning date of the strike is at	11481
least ten work days after the ending date of the most recent prior	11482
strike involving the same bargaining unit; however, the board, at	11483
its discretion, may attempt mediation at any time.	11484

(E) Nothing in this section shall be construed to prohibit	11485
the parties, at any time, from voluntarily agreeing to submit any	11486
or all of the issues in dispute to any other alternative dispute	11487
settlement procedure. An agreement or statutory requirement to	11488
arbitrate or to settle a dispute pursuant to a final offer	11489
settlement procedure and the award issued in accordance with the	11490
agreement or statutory requirement is enforceable in the same	11491
manner as specified in division (B) of section 4117.09 of the	11492
Revised Code.	11493

(F) Nothing in this section shall be construed to prohibit a	11494
party from seeking enforcement of a collective bargaining	11495
agreement or a conciliator's award as specified in division (B) of	11496
section 4117.09 of the Revised Code.	11497

(G) The following guidelines apply to final offer settlement	11498
proceedings under division (D)(1) of this section:	11499

(1) The parties shall submit to final offer settlement those	11500
issues that are subject to collective bargaining as provided by	11501
section 4117.08 of the Revised Code and upon which the parties	11502
have not reached agreement and other matters mutually agreed to by	11503
the public employer and the exclusive representative; except that	11504
the conciliator may attempt mediation at any time.	11505

(2) The conciliator shall hold a hearing within thirty days	11506
of the board's order to submit to a final offer settlement	11507
procedure, or as soon thereafter as is practicable.	11508

(3) The conciliator shall conduct the hearing pursuant to	11509
rules developed by the board. The conciliator shall establish the	11510
hearing time and place, but it shall be, where feasible, within	11511
the jurisdiction of the state. Not later than five calendar days	11512
before the hearing, each of the parties shall submit to the	11513
conciliator, to the opposing party, and to the board, a written	11514
report summarizing the unresolved issues, the party's final offer	11515
as to the issues, and the rationale for that position.	11516

(4) Upon the request by the conciliator, the board shall	11517
issue subpoenas for the hearing.	11518

(5) The conciliator may administer oaths.

11519

(6) The conciliator shall hear testimony from the parties and	11520
provide for a written record to be made of all statements at the	11521
hearing. The board shall submit for inclusion in the record and	11522
for consideration by the conciliator the written report and	11523
recommendation of the fact-finders.	11524

(7) After hearing, the conciliator shall resolve the dispute	11525
between the parties by selecting, on an issue-by-issue basis, from	11526
between each of the party's final settlement offers, taking into	11527
consideration the following:	11528

(a) Past collectively bargained agreements, if any, between	11529
the parties;	11530

(b) Comparison of the issues submitted to final offer	11531
settlement relative to the employees in the bargaining unit	11532
involved with those issues related to other public and private	11533
employees doing comparable work, giving consideration to factors	11534
peculiar to the area and classification involved;	11535

(c) The interests and welfare of the public, the ability of	11536
the public employer to finance and administer the issues proposed,	11537
and the effect of the adjustments on the normal standard of public	11538
service;	11539

(d) The lawful authority of the public employer;

11540

(e) The stipulations of the parties;

11541

(f) Such other factors, not confined to those listed in this	11542
section, which are normally or traditionally taken into	11543
consideration in the determination of the issues submitted to	11544
final offer settlement through voluntary collective bargaining,	11545
mediation, fact-finding, or other impasse resolution procedures in	11546
the public service or in private employment.	11547

(8) Final offer settlement awards made under Chapter 4117. of	11548
the Revised Code are subject to Chapter 2711. of the Revised Code.	11549

(9) If more than one conciliator is used, the determination	11550
must be by majority vote.	11551

(10) The conciliator shall make written findings of fact and	11552
promulgate a written opinion and order upon the issues presented	11553
to the conciliator, and upon the record made before the	11554
conciliator and shall mail or otherwise deliver a true copy	11555
thereof to the parties and the board.	11556

(11) Increases in rates of compensation and other matters	11557
with cost implications awarded by the conciliator may be effective	11558
only at the start of the fiscal year next commencing after the	11559
date of the final offer settlement award; provided that if a new	11560
fiscal year has commenced since the issuance of the board order to	11561
submit to a final offer settlement procedure, the awarded	11562
increases may be retroactive to the commencement of the new fiscal	11563
year. The parties may, at any time, amend or modify a	11564
conciliator's award or order by mutual agreement.	11565

(12) The parties shall bear equally the cost of the final	11566
offer settlement procedure.	11567

(13) Conciliators appointed pursuant to this section shall be	11568
residents of the state.	11569

(H) All final offer settlement awards and orders of the	11570
conciliator made pursuant to Chapter 4117. of the Revised Code are	11571
subject to review by the court of common pleas having jurisdiction	11572
over the public employer as provided in Chapter 2711. of the	11573
Revised Code. If the public employer is located in more than one	11574
court of common pleas district, the court of common pleas in which	11575
the principal office of the chief executive is located has	11576
jurisdiction.	11577

(I) The issuance of a final offer settlement award	11578
constitutes a binding mandate to the public employer and the	11579
exclusive representative to take whatever actions are necessary to	11580
implement the award.	11581

Sec. 4117.15. (A) Whenever a strike by members of a police	11582
or fire department, members of the state highway patrol, deputy	11583
sheriffs, dispatchers employed by a police, fire or sheriff's	11584
department or the state highway patrol or civilian dispatchers	11585
employed by a public employer other than a police, fire, or	11586
sheriff's department to dispatch police, fire, sheriff's	11587
department, or emergency medical or rescue personnel and units, an	11588
exclusive nurse's unit, employees of the state school for the deaf	11589
or the state school for the blind, employees of any public	11590
employee retirement system, correction officers, guards at penal	11591
or mental institutions, or special ~~policemen or policewomen~~police	11592
officers appointed in accordance with sections 5119.14 and 5123.13	11593
of the Revised Code, psychiatric attendants employed at mental	11594
health forensic facilities, youth leaders employed at juvenile	11595
correctional facilities, or members of a law enforcement security	11596
force that is established and maintained exclusively by a board of	11597
county commissioners and whose members are employed by that board,	11598
a strike by other public employees during the pendency of the	11599
settlement procedures set forth in section 4117.14 of the Revised	11600
Code, or a strike during the term or extended term of a collective	11601
bargaining agreement occurs, the public employer may seek an	11602
injunction against the strike in the court of common pleas of the	11603
county in which the strike is located.	11604

(B) An unfair labor practice by a public employer is not a	11605
defense to the injunction proceeding noted in division (A) of this	11606
section. Allegations of unfair labor practices during the	11607
settlement procedures set forth in section 4117.14 of the Revised	11608
Code shall receive priority by the state employment relations	11609
board.	11610

(C) No public employee is entitled to pay or compensation	11611
from the public employer for the period engaged in any strike.	11612

Sec. 4123.26. Every employer shall keep records of, and	11613
furnish to the bureau of workers' compensation upon request, all	11614
information required by the administrator of workers' compensation	11615
to carry out this chapter. In January of each year, every employer	11616
of the state employing one or more employees regularly in the same	11617
business, or in or about the same establishment, shall prepare and	11618
mail to the bureau at its main office in Columbus a statement	11619
containing the following information, as applicable:	11620

(A) The number of employees employed during the preceding	11621
year from the first day of January through the thirty-first day of	11622
December;	11623

(B) The number of such employees employed at each kind of	11624
employment and the aggregate amount of wages paid to such	11625
employees;	11626

(C) In accordance with the rules adopted by the administrator	11627
pursuant to division (D) of section 4123.32 of the Revised Code,	11628
if the employer employs employees who are covered under the	11629
federal "Longshore and Harbor Workers' Compensation Act," 98 Stat.	11630
1639, 33 U.S.C. 901 et seq., and under this chapter and Chapter	11631
4121. of the Revised Code, both of the following amounts:	11632

(1) The amount of wages the employer pays to those employees	11633
when the employees perform labor and provide services for which	11634
the employees are eligible to receive compensation and benefits	11635
under the federal "Longshore and Harbor Workers' Compensation	11636
Act;"	11637

(2) The amount of wages the employer pays to those employees	11638
when the employees perform labor and provide services for which	11639
the employees are eligible to receive compensation and benefits	11640
under this chapter and Chapter 4121. of the Revised Code.	11641

The information shall be furnished on a blank to be prepared	11642
by the bureau. The bureau shall furnish the blanks to employers	11643
free of charge upon request therefor. Every employer receiving	11644
from the bureau any blank, with directions to fill out the same,	11645
shall cause the same to be properly filled out so as to answer	11646
fully and correctly all questions therein propounded, and give all	11647
the information therein sought, or if unable to do so, hethe	11648
employer shall give to the bureau in writing good and sufficient	11649
reasons for such failure. The bureau may require that the	11650
information required to be furnished be verified under oath and	11651
returned to the bureau within the period fixed by it or by law.	11652
The bureau or any person employed by the bureau for that purpose,	11653
may examine, under oath, any employer, or the officer, agent, or	11654
employee thereof, for the purpose of ascertaining any information	11655
which the employer is required to furnish to the bureau.	11656

No employer shall fail to furnish to the bureau the annual	11657
statement required by this section, nor shall any employer fail to	11658
keep records of or furnish such other information as may be	11659
required by the bureau under this section.	11660

Whoever violates this section shall forfeit five hundred	11661
dollars, to be collected in a civil action brought against the	11662
employer in the name of the state, to be paid into the state	11663
insurance fund and become a part thereof.	11664

Sec. 4123.32. The administrator of workers' compensation,	11665
with the advice and consent of the bureau of workers' compensation	11666
board of directors, shall adopt rules with respect to the	11667
collection, maintenance, and disbursements of the state insurance	11668
fund including all of the following:	11669

(A) A rule providing that the premium security deposit	11670
collected from any employer entitles the employer to the benefits	11671
of this chapter for the remainder of the six months and also for	11672
an additional adjustment period of two months, and, thereafter, if	11673
the employer pays the premium due at the close of any six-month	11674
period, coverage shall be extended for an additional eight-month	11675
period beginning from the end of the six-month period for which	11676
the employer pays the premium due;	11677

(B) A rule providing for ascertaining the correctness of any	11678
employer's report of estimated or actual expenditure of wages and	11679
the determination and adjustment of proper premiums and the	11680
payment of those premiums by the employer for or during any period	11681
less than eight months and notwithstanding any payment or	11682
determination of premium made when exceptional conditions or	11683
circumstances in the judgment of the administrator justify the	11684
action;	11685

(C) Such special rules as the administrator considers	11686
necessary to safeguard the fund and that are just in the	11687
circumstances, covering the rates to be applied where one employer	11688
takes over the occupation or industry of another or where an	11689
employer first makes application for state insurance, and the	11690
administrator may require that if any employer transfers a	11691
business in whole or in part or otherwise reorganizes the	11692
business, the successor in interest shall assume, in proportion to	11693
the extent of the transfer, as determined by the administrator,	11694
the employer's account and shall continue the payment of all	11695
contributions due under this chapter;	11696

(D) A rule providing that an employer who employs an employee	11697
covered under the federal "Longshore and Harbor Workers'	11698
Compensation Act," 98 Stat. 1639, 33 U.S.C. 901 et seq., and this	11699
chapter and Chapter 4121. of the Revised Code shall be assessed	11700
a premium in accordance with the expenditure of wages, payroll,	11701
or both attributable to only labor performed and services	11702
provided by such an employee when the employee performs labor	11703
and provides services for which the employee is not eligible to	11704
receive compensation and benefits under that federal act.	11705

(E) A rule providing for all of the following:

11706

(1) If, within two months immediately after the expiration of	11707
the six-month period, an employer fails to file a report of the	11708
employer's actual payroll expenditures for the period, the premium	11709
found to be due from the employer for the period shall be	11710
increased in an amount equal to one per cent of the premium, but	11711
the increase shall not be less than three nor more than fifteen	11712
dollars;	11713

(2) The premium determined by the administrator to be due	11714
from an employer shall be payable on or before the end of the	11715
coverage period established by the premium security deposit, or	11716
within the time specified by the administrator if the period for	11717
which the advance premium has been paid is less than eight months.	11718
If an employer fails to pay the premium when due, the	11719
administrator may add a late fee penalty of not more than thirty	11720
dollars to the premium plus an additional penalty amount as	11721
follows:	11722

(a) For a premium from sixty-one to ninety days past due,	11723
the prime interest rate, multiplied by the premium due;	11724

(b) For a premium from ninety-one to one hundred twenty days	11725
past due, the prime interest rate plus two per cent, multiplied by	11726
the premium due;	11727

(c) For a premium from one hundred twenty-one to one hundred	11728
fifty days past due, the prime interest rate plus four per cent,	11729
multiplied by the premium due;	11730

(d) For a premium from one hundred fifty-one to one hundred	11731
eighty days past due, the prime interest rate plus six per cent,	11732
multiplied by the premium due;	11733

(e) For a premium from one hundred eighty-one to two hundred	11734
ten days past due, the prime interest rate plus eight per cent,	11735
multiplied by the premium due;	11736

(f) For each additional thirty-day period or portion thereof	11737
that a premium remains past due after it has remained past due for	11738
more than two hundred ten days, the prime interest rate plus eight	11739
per cent, multiplied by the premium due.	11740

(3) Notwithstanding the interest rates specified in division	11741
~~(D)~~(E)(2) of this section, at no time shall the additional penalty	11742
amount assessed under division ~~(D)~~(E)(2) of this section exceed	11743
fifteen per cent of the premium due.	11744

(4) An employer may appeal a late fee penalty or additional	11745
penalty to an adjudicating committee pursuant to section 4123.291	11746
of the Revised Code.	11747

For purposes of division ~~(D)~~(E) of this section, "prime	11748
interest rate" means the average bank prime rate, and the	11749
administrator shall determine the prime interest rate in the same	11750
manner as a county auditor determines the average bank prime rate	11751
under section 929.02 of the Revised Code.	11752

(5) If the employer files an appropriate payroll report,	11753
within the time provided by law or within the time specified by	11754
the administrator if the period for which the employer paid an	11755
estimated premium is less than eight months, the employer shall	11756
not be in default and division ~~(D)~~(E)(2) of this section shall not	11757
apply if the employer pays the premiums within fifteen days after	11758
being first notified by the administrator of the amount due.	11759

(6) Any deficiencies in the amounts of the premium security	11760
deposit paid by an employer for any period shall be subject to an	11761
interest charge of six per cent per annum from the date the	11762
premium obligation is incurred. In determining the interest due on	11763
deficiencies in premium security deposit payments, a charge in	11764
each case shall be made against the employer in an amount equal to	11765
interest at the rate of six per cent per annum on the premium	11766
security deposit due but remaining unpaid sixty days after notice	11767
by the administrator.	11768

(7) Any interest charges or penalties provided for in	11769
divisions ~~(D)~~(E)(2) and (6) of this section shall be credited to	11770
the employer's account for rating purposes in the same manner as	11771
premiums.	11772

~~(E)~~(F) A rule providing that each employer, on the occasion	11773
of instituting coverage under this chapter, shall submit a premium	11774
security deposit. The deposit shall be calculated equivalent to	11775
thirty per cent of the semiannual premium obligation of the	11776
employer based upon the employer's estimated expenditure for wages	11777
for the ensuing six-month period plus thirty per cent of an	11778
additional adjustment period of two months but only up to a	11779
maximum of one thousand dollars and not less than ten dollars. The	11780
administrator shall review the security deposit of every employer	11781
who has submitted a deposit which is less than the	11782
one-thousand-dollar maximum. The administrator may require any	11783
such employer to submit additional money up to the maximum of one	11784
thousand dollars that, in the administrator's opinion, reflects	11785
the employer's current payroll expenditure for an eight-month	11786
period.	11787

~~(F)~~(G) A rule providing that each employer, on the occasion	11788
of instituting coverage under this chapter, shall submit an	11789
application for coverage that completely provides all of the	11790
information required for the administrator to establish coverage	11791
for that employer, and that the employer's failure to provide all	11792
of the information completely may be grounds for the administrator	11793
to deny coverage for that employer.	11794

~~(G)~~(H) A rule providing that, in addition to any other	11795
remedies permitted in this chapter, the administrator may	11796
discontinue an employer's coverage if the employer fails to pay	11797
the premium due on or before the premium's due date.	11798

~~(H)~~(I) A rule providing that if after a final adjudication it	11799
is determined that an employer has failed to pay an obligation,	11800
billing, account, or assessment that is greater than one thousand	11801
dollars on or before its due date, the administrator may	11802
discontinue the employer's coverage in addition to any other	11803
remedies permitted in this chapter, and that the administrator	11804
shall not discontinue an employer's coverage pursuant to this	11805
division prior to a final adjudication regarding the employer's	11806
failure to pay such obligation, billing, account, or assessment on	11807
or before its due date.	11808

~~(I)~~(J) As used in divisions ~~(G) and~~ (H) and (I) of this	11809
section:	11810

(1) "Employer" has the same meaning as in division (B) of	11811
section 4123.01 of the Revised Code except that "employer" does	11812
not include the state, a state hospital, or a state university or	11813
college.	11814

(2) "State university or college" has the same meaning as in	11815
section 3345.12 of the Revised Code and also includes the Ohio	11816
agricultural research and development center and the Ohio state	11817
university cooperative extension service.	11818

(3) "State hospital" means the Ohio state university hospital	11819
and its ancillary facilities and the medical university of Ohio at	11820
Toledo hospital.	11821

Sec. 4123.37. In this section "amenable employer" has the	11822
same meaning as "employer" as defined in division ~~(O)~~(J) of	11823
section 4123.32 of the Revised Code.	11824

If the administrator of workers' compensation finds that any	11825
person, firm, or private corporation, including any public service	11826
corporation, is, or has been at any time after January 1, 1923, an	11827
amenable employer and has not complied with section 4123.35 of the	11828
Revised Code the administrator shall determine the period during	11829
which the person, firm, or corporation was an amenable employer	11830
and shall forthwith give notice of the determination to the	11831
employer. Within twenty days thereafter the employer shall furnish	11832
the bureau with the payroll covering the period included in the	11833
determination and, if the employer is an amenable employer at the	11834
time of the determination, shall pay a premium security deposit	11835
for the eight months next succeeding the date of the determination	11836
and shall pay into the state insurance fund the amount of premium	11837
applicable to such payroll.	11838

If the employer does not furnish the payroll and pay the	11839
applicable premium and premium security deposit within the twenty	11840
days, the administrator shall forthwith make an assessment of the	11841
premium due from the employer for the period the administrator	11842
determined the employer to be an amenable employer including the	11843
premium security deposit according to section 4123.32 of the	11844
Revised Code if the employer is an amenable employer at the time	11845
of the determination, basing the assessment upon the information	11846
in the possession of the administrator.	11847

The administrator shall give to the employer assessed written	11848
notice of the assessment. The notice shall be mailed to the	11849
employer at the employer's residence or usual place of business by	11850
certified mail. Unless the employer to whom the notice of	11851
assessment is directed files with the bureau within twenty days	11852
after receipt thereof, a petition in writing, verified under oath	11853
by the employer, or the employer's authorized agent having	11854
knowledge of the facts, setting forth with particularity the items	11855
of the assessment objected to, together with the reason for the	11856
objections, the assessment shall become conclusive and the amount	11857
thereof shall be due and payable from the employer so assessed to	11858
the state insurance fund. When a petition objecting to an	11859
assessment is filed the bureau shall assign a time and place for	11860
the hearing of the same and shall notify the petitioner thereof by	11861
certified mail. When an employer files a petition the assessment	11862
made by the administrator shall become due and payable ten days	11863
after notice of the finding made at the hearing has been sent by	11864
certified mail to the party assessed. An appeal may be taken from	11865
any finding to the court of common pleas of Franklin county upon	11866
the execution by the party assessed of a bond to the state in	11867
double the amount found due and ordered paid by the bureau	11868
conditioned that the party will pay any judgment and costs	11869
rendered against it for the premium.	11870

When no petition objecting to an assessment is filed or when	11871
a finding is made affirming or modifying an assessment after	11872
hearing, a certified copy of the assessment as affirmed or	11873
modified may be filed by the administrator in the office of the	11874
clerk of the court of common pleas in any county in which the	11875
employer has property or in which the employer has a place of	11876
business. The clerk, immediately upon the filing of the	11877
assessment, shall enter a judgment for the state against the	11878
employer in the amount shown on the assessment. The judgment may	11879
be filed by the clerk in a loose leaf book entitled "special	11880
judgments for state insurance fund." The judgment shall bear the	11881
same rate of interest, have the same effect as other judgments,	11882
and be given the same preference allowed by law on other judgments	11883
rendered for claims for taxes. An assessment or judgment under	11884
this section shall not be a bar to the adjustment of the	11885
employer's account upon the employer furnishing the employer's	11886
payroll records to the bureau.	11887

The administrator, for good cause shown, may waive a default	11888
in the payment of premium where the default is of less than sixty	11889
days' duration, and upon payment by the employer of the premium	11890
for the period, the employer and the employer's employees are	11891
entitled to all of the benefits and immunities provided by this	11892
chapter.	11893

Sec. 4123.54. (A) ~~Every~~Except as otherwise provided in	11894
division (I) of this section, every employee, who is injured or	11895
who contracts an occupational disease, and the dependents of each	11896
employee who is killed, or dies as the result of an occupational	11897
disease contracted in the course of employment, wherever such	11898
injury has occurred or occupational disease has been contracted,	11899
provided the same were not:	11900

(1) Purposely self-inflicted; or

11901

(2) Caused by the employee being intoxicated or under the	11902
influence of a controlled substance not prescribed by a physician	11903
where the intoxication or being under the influence of the	11904
controlled substance not prescribed by a physician was the	11905
proximate cause of the injury, is entitled to receive, either	11906
directly from the employee's self-insuring employer as provided in	11907
section 4123.35 of the Revised Code, or from the state insurance	11908
fund, the compensation for loss sustained on account of the	11909
injury, occupational disease, or death, and the medical, nurse,	11910
and hospital services and medicines, and the amount of funeral	11911
expenses in case of death, as are provided by this chapter.	11912

(B) For the purpose of this section, provided that an	11913
employer has posted written notice to employees that the results	11914
of, or the employee's refusal to submit to, any chemical test	11915
described under this division may affect the employee's	11916
eligibility for compensation and benefits pursuant to this chapter	11917
and Chapter 4121. of the Revised Code, there is a rebuttable	11918
presumption that an employee is intoxicated or under the influence	11919
of a controlled substance not prescribed by the employee's	11920
physician and that being intoxicated or under the influence of a	11921
controlled substance not prescribed by the employee's physician is	11922
the proximate cause of an injury under either of the following	11923
conditions:	11924

(1) When any one or more of the following is true:

11925

(a) The employee, through a qualifying chemical test	11926
administered within eight hours of an injury, is determined to	11927
have an alcohol concentration level equal to or in excess of the	11928
levels established in divisions (A)(1)(b) to (i) of section	11929
4511.19 of the Revised Code;	11930

(b) The employee, through a qualifying chemical test	11931
administered within thirty-two hours of an injury, is determined	11932
to have one of the following controlled substances not prescribed	11933
by the employee's physician in the employee's system that tests	11934
above the following levels in an enzyme multiplied immunoassay	11935
technique screening test and above the levels established in	11936
division (B)(1)(c) of this section in a gas chromatography mass	11937
spectrometry test:	11938

(i) For amphetamines, one thousand nanograms per milliliter	11939
of urine;	11940

(ii) For cannabinoids, fifty nanograms per milliliter of	11941
urine;	11942

(iii) For cocaine, including crack cocaine, three hundred	11943
nanograms per milliliter of urine;	11944

(iv) For opiates, two thousand nanograms per milliliter of	11945
urine;	11946

(v) For phencyclidine, twenty-five nanograms per milliliter	11947
of urine.	11948

(c) The employee, through a qualifying chemical test	11949
administered within thirty-two hours of an injury, is determined	11950
to have one of the following controlled substances not prescribed	11951
by the employee's physician in the employee's system that tests	11952
above the following levels by a gas chromatography mass	11953
spectrometry test:	11954

(i) For amphetamines, five hundred nanograms per milliliter	11955
of urine;	11956

(ii) For cannabinoids, fifteen nanograms per milliliter of	11957
urine;	11958

(iii) For cocaine, including crack cocaine, one hundred fifty	11959
nanograms per milliliter of urine;	11960

(iv) For opiates, two thousand nanograms per milliliter of	11961
urine;	11962

(v) For phencyclidine, twenty-five nanograms per milliliter	11963
of urine.	11964

(d) The employee, through a qualifying chemical test	11965
administered within thirty-two hours of an injury, is determined	11966
to have barbiturates, benzodiazepines, methadone, or propoxyphene	11967
in the employee's system that tests above levels established by	11968
laboratories certified by the United States department of health	11969
and human services.	11970

(2) When the employee refuses to submit to a requested	11971
chemical test, on the condition that that employee is or was given	11972
notice that the refusal to submit to any chemical test described	11973
in division (B)(1) of this section may affect the employee's	11974
eligibility for compensation and benefits under this chapter and	11975
Chapter 4121. of the Revised Code.	11976

(C)(1) For purposes of division (B) of this section, a	11977
chemical test is a qualifying chemical test if it is administered	11978
to an employee after an injury under at least one of the following	11979
conditions:	11980

(a) When the employee's employer had reasonable cause to	11981
suspect that the employee may be intoxicated or under the	11982
influence of a controlled substance not prescribed by the	11983
employee's physician;	11984

(b) At the request of a police officer pursuant to section	11985
4511.191 of the Revised Code, and not at the request of the	11986
employee's employer;	11987

(c) At the request of a licensed physician who is not	11988
employed by the employee's employer, and not at the request of the	11989
employee's employer.	11990

(2) As used in division (C)(1)(a) of this section,	11991
"reasonable cause" means, but is not limited to, evidence that an	11992
employee is or was using alcohol or a controlled substance drawn	11993
from specific, objective facts and reasonable inferences drawn	11994
from these facts in light of experience and training. These facts	11995
and inferences may be based on, but are not limited to, any of the	11996
following:	11997

(a) Observable phenomena, such as direct observation of use,	11998
possession, or distribution of alcohol or a controlled substance,	11999
or of the physical symptoms of being under the influence of	12000
alcohol or a controlled substance, such as but not limited to	12001
slurred speech, dilated pupils, odor of alcohol or a controlled	12002
substance, changes in affect, or dynamic mood swings;	12003

(b) A pattern of abnormal conduct, erratic or aberrant	12004
behavior, or deteriorating work performance such as frequent	12005
absenteeism, excessive tardiness, or recurrent accidents, that	12006
appears to be related to the use of alcohol or a controlled	12007
substance, and does not appear to be attributable to other	12008
factors;	12009

(c) The identification of an employee as the focus of a	12010
criminal investigation into unauthorized possession, use, or	12011
trafficking of a controlled substance;	12012

(d) A report of use of alcohol or a controlled substance	12013
provided by a reliable and credible source;	12014

(e) Repeated or flagrant violations of the safety or work	12015
rules of the employee's employer, that are determined by the	12016
employee's supervisor to pose a substantial risk of physical	12017
injury or property damage and that appear to be related to the use	12018
of alcohol or a controlled substance and that do not appear	12019
attributable to other factors.	12020

(D) Nothing in this section shall be construed to affect the	12021
rights of an employer to test employees for alcohol or controlled	12022
substance abuse.	12023

(E) For the purpose of this section, laboratories certified	12024
by the United States department of health and human services or	12025
laboratories that meet or exceed the standards of that department	12026
for laboratory certification shall be used for processing the test	12027
results of a qualifying chemical test.	12028

(F) The written notice required by division (B) of this	12029
section shall be the same size or larger then the certificate of	12030
premium payment notice furnished by the bureau of workers'	12031
compensation and shall be posted by the employer in the same	12032
location as the certificate of premium payment notice or the	12033
certificate of self-insurance.	12034

(G) If a condition that pre-existed an injury is	12035
substantially aggravated by the injury, and that substantial	12036
aggravation is documented by objective diagnostic findings,	12037
objective clinical findings, or objective test results, no	12038
compensation or benefits are payable because of the pre-existing	12039
condition once that condition has returned to a level that would	12040
have existed without the injury.	12041

(H) Whenever, with respect to an employee of an employer who	12042
is subject to and has complied with this chapter, there is	12043
possibility of conflict with respect to the application of	12044
workers' compensation laws because the contract of employment is	12045
entered into and all or some portion of the work is or is to be	12046
performed in a state or states other than Ohio, the employer and	12047
the employee may agree to be bound by the laws of this state or by	12048
the laws of some other state in which all or some portion of the	12049
work of the employee is to be performed. The agreement shall be in	12050
writing and shall be filed with the bureau of workers'	12051
compensation within ten days after it is executed and shall remain	12052
in force until terminated or modified by agreement of the parties	12053
similarly filed. If the agreement is to be bound by the laws of	12054
this state and the employer has complied with this chapter, then	12055
the employee is entitled to compensation and benefits regardless	12056
of where the injury occurs or the disease is contracted and the	12057
rights of the employee and the employee's dependents under the	12058
laws of this state are the exclusive remedy against the employer	12059
on account of injury, disease, or death in the course of and	12060
arising out of the employee's employment. If the agreement is to	12061
be bound by the laws of another state and the employer has	12062
complied with the laws of that state, the rights of the employee	12063
and the employee's dependents under the laws of that state are the	12064
exclusive remedy against the employer on account of injury,	12065
disease, or death in the course of and arising out of the	12066
employee's employment without regard to the place where the injury	12067
was sustained or the disease contracted.	12068

If any employee or the employee's dependents are awarded	12069
workers' compensation benefits or recover damages from the	12070
employer under the laws of another state, the amount awarded or	12071
recovered, whether paid or to be paid in future installments,	12072
shall be credited on the amount of any award of compensation or	12073
benefits made to the employee or the employee's dependents by the	12074
bureau.	12075

If an employee is a resident of a state other than this state	12076
and is insured under the workers' compensation law or similar laws	12077
of a state other than this state, the employee and the employee's	12078
dependents are not entitled to receive compensation or benefits	12079
under this chapter, on account of injury, disease, or death	12080
arising out of or in the course of employment while temporarily	12081
within this state, and the rights of the employee and the	12082
employee's dependents under the laws of the other state are the	12083
exclusive remedy against the employer on account of the injury,	12084
disease, or death.	12085

(I) If an employee who is covered under the federal	12086
"Longshore and Harbor Workers' Compensation Act," 98 Stat. 1639,	12087
33 U.S.C. 901 et seq., is injured or contracts an occupational	12088
disease or dies as a result of an injury or occupational disease,	12089
and if that employee's or that employee's dependents' claim for	12090
compensation or benefits for that injury, occupational disease, or	12091
death is subject to the jurisdiction of that act, the employee or	12092
the employee's dependents are not entitled to apply for and shall	12093
not receive compensation or benefits under this chapter and	12094
Chapter 4121. of the Revised Code. The rights of such an employee	12095
and the employee's dependents under the federal "Longshore and	12096
Harbor Workers' Compensation Act," 98 Stat. 1639, 33 U.S.C. 901	12097
et seq., are the exclusive remedy against the employer for that	12098
injury, occupational disease, or death.	12099

(J) Compensation or benefits are not payable to a claimant	12100
during the period of confinement of the claimant in any state or	12101
federal correctional institution, or in any county jail in lieu of	12102
incarceration in a state or federal correctional institution,	12103
whether in this or any other state for conviction of violation of	12104
any state or federal criminal law.	12105

Sec. 4131.03. (A) For the relief of persons who are entitled	12106
to receive benefits by virtue of the federal act, there is hereby	12107
established a coal-workers pneumoconiosis fund, which shall be	12108
separate from the funds established and administered pursuant to	12109
Chapter 4123. of the Revised Code. The fund shall consist of	12110
premiums and other payments thereto by subscribers who elect to	12111
subscribe to the fund to insure the payment of benefits required	12112
by the federal act.	12113

(B)(1) The coal-workers pneumoconiosis fund shall be in the	12114
custody of the treasurer of state. The bureau of workers'	12115
compensation shall make disbursements from the fund to those	12116
persons entitled to payment therefrom and in the amounts required	12117
pursuant to sections 4131.01 to 4131.06 of the Revised Code. All	12118
investment earnings of the fund shall be credited to the fund.	12119

(2) The administrator of workers' compensation may transfer a	12120
portion of the investment earnings credited to the coal-workers	12121
pneumoconiosis fund to the mine safety fund created in section	12122
1561.24 of the Revised Code for the purposes specified in that	12123
section. The administrator, with the advice and consent of the	12124
bureau of workers' compensation board of directors, shall adopt	12125
rules governing the transfer in order to ensure the solvency of	12126
the coal-workers pneumoconiosis fund. For that purpose, the rules	12127
may establish tests based on measures of net assets, liabilities,	12128
expenses, interest, dividend income, or other factors that the	12129
administrator determines appropriate that may be applied prior to	12130
a transfer.	12131

(C) The administrator ~~of workers' compensation~~ shall have the	12132
same powers to invest any of the surplus or reserve belonging to	12133
the coal-workers pneumoconiosis fund as are delegated to ~~him~~the	12134
administrator under section 4123.44 of the Revised Code with	12135
respect to the state insurance fund.	12136

(D) If the administrator determines that reinsurance of the	12137
risks of the coal-workers pneumoconiosis fund is necessary to	12138
assure solvency of the fund, hethe administrator may:	12139

(1) Enter into contracts for the purchase of reinsurance	12140
coverage of the risks of the fund with any company or agency	12141
authorized by law to issue contracts of reinsurance;	12142

(2) Pay the cost of reinsurance from the fund;

12143

(3) Include the costs of reinsurance as a liability and	12144
estimated liability of the fund.	12145

Sec. 4301.355. (A) If a petition is filed under section	12146
4301.333 of the Revised Code for the submission of the question or	12147
questions set forth in this section, it shall be held in the	12148
precinct as ordered by the board of elections under that section.	12149
The expense of holding the election shall be charged to the	12150
municipal corporation or township of which the precinct is a part.	12151

(B) At the election, one or more of the following questions,	12152
as designated in a valid petition, shall be submitted to the	12153
electors of the precinct:	12154

(1) "Shall the sale of .......... (insert beer, wine and	12155
mixed beverages, or spirituous liquor) be permitted by ..........	12156
(insert name of applicant, liquor permit holder, or liquor agency	12157
store, including trade or fictitious name under which applicant	12158
for, or holder of, liquor permit or liquor agency store either	12159
intends to do, or does, business at the particular location), an	12160
.......... (insert "applicant for" or "holder of" or "operator	12161
of") a .......... (insert class name of liquor permit or permits	12162
followed by the words "liquor permit(s)" or, if appropriate, the	12163
words "liquor agency store for the State of Ohio"), who is engaged	12164
in the business of .......... (insert general nature of the	12165
business in which applicant or liquor permit holder is engaged or	12166
will be engaged in at the particular location, as described in the	12167
petition) at .......... (insert address of the particular location	12168
within the precinct as set forth in the petition) in this	12169
precinct?"	12170

(2) "Shall the sale of .......... (insert beer, wine and	12171
mixed beverages, or spirituous liquor) be permitted for sale on	12172
Sunday between the hours of .......... (insert "ten a.m. and	12173
midnight" or "one p.m. and midnight") by .......... (insert name	12174
of applicant, liquor permit holder, or liquor agency store,	12175
including trade or fictitious name under which applicant for, or	12176
holder of, liquor permit or liquor agency store either intends to	12177
do, or does, business at the particular location), an ......	12178
(insert "applicant for a D-6 liquor permit," "holder of a D-6	12179
liquor permit," "applicant for or holder of an A-1-A, A-2, C-1,	12180
C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f,	12181
D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, or D-7 liquor permit," if only	12182
the approval of beer sales is sought, or "liquor agency store")	12183
who is engaged in the business of .......... (insert general	12184
nature of the business in which applicant or liquor permit holder	12185
is engaged or will be engaged in at the particular location, as	12186
described in the petition) at .......... (insert address of the	12187
particular location within the precinct) in this precinct?"	12188

(C) The board of elections shall furnish printed ballots at	12189
the election as provided under section 3505.06 of the Revised	12190
Code, except that a separate ballot shall be used for the election	12191
under this section. The question set forth in this section shall	12192
be printed on each ballot, and the board shall insert in the	12193
question appropriate words to complete it. Votes shall be cast as	12194
provided under section 3505.06 of the Revised Code.	12195

Sec. 4301.404. (A) As used in this section, "center for the	12196
preservation of wild animals" means a conservation center located	12197
on not less than five thousand acres of land that provides	12198
scientific, educational, and recreational resources to advance the	12199
conservation of animal populations and habitats.	12200

(B) Sections 4301.32 to 4301.391 and 4305.14 of the Revised	12201
Code and the provisions for local option elections and the	12202
election on the repeal of Ohio Constitution, Article XV, Section 9	12203
in section 4303.29 of the Revised Code do not affect or prohibit	12204
the sale of beer or intoxicating liquor at a center for the	12205
preservation of wild animals if any permit holder for the premises	12206
operates pursuant to the authority of a D liquor permit issued	12207
pursuant to Chapter 4303. of the Revised Code.	12208

(C) Permit D-6 shall be issued to the holder of any D permit	12209
that authorizes the sale of intoxicating liquor and that is issued	12210
for a center for the preservation of wild animals to allow the	12211
sale of intoxicating liquor under the permit at the premises	12212
between the hours of one p.m. and midnight on Sunday, whether or	12213
not such sale has been authorized in an election held under	12214
section 4301.351 of the Revised Code. Notwithstanding section	12215
4301.351 of the Revised Code, the holder of a D permit issued for	12216
a center for the preservation of wild animals may sell beer on	12217
Sunday whether or not the sale of intoxicating liquor has been	12218
authorized in an election held under that section.	12219

Sec. 4301.421. (A) For the purposes of section 307.696 of	12220
the Revised Code, to pay the expenses of administering the tax,	12221
and to pay any or all of the charge the board of elections makes	12222
against the county to hold the election on the question of levying	12223
the tax, or for those purposes and to provide revenues to the	12224
county for permanent improvements, the board of county	12225
commissioners may levy a tax on the sale of beer at a rate not to	12226
exceed sixteen cents per gallon, on the sale of cider at a rate	12227
not to exceed twenty-four cents per gallon, and on the sale of	12228
wine and mixed beverages at a rate not to exceed thirty-two cents	12229
per gallon. The tax shall be imposed on all beer, cider, wine,	12230
and mixed beverages sold for resale at retail in the county, and	12231
on all beer, cider, wine, and mixed beverages sold at retail in	12232
the county by the manufacturer, bottler, importer, or other person	12233
upon which the tax has not been paid. The tax shall not be levied	12234
on the sale of wine to be used for known sacramental purposes. The	12235
tax may be levied for any number of years not exceeding twenty.	12236
The tax shall be in addition to the taxes imposed by sections	12237
4301.42, 4301.43, 4301.432, and 4305.01 of the Revised Code. The	12238
tax shall not be considered a cost in any computation required	12239
under rules of the liquor control commission regulating minimum	12240
prices or mark-ups.	12241

Only one sale of the same article shall be used in computing,	12242
reporting, and paying the amount of tax due.	12243

The tax shall be levied pursuant to a resolution of the	12244
county commissioners approved by a majority of the electors in the	12245
county voting on the question of levying the tax, which resolution	12246
shall specify the rate of the tax, the number of years the tax	12247
will be levied, and the purposes for which the tax is levied. The	12248
election may be held on the date of a general election or special	12249
election held not sooner than seventy-five days after the date the	12250
board certifies its resolution to the board of elections. If	12251
approved by the electors, the tax shall take effect on the first	12252
day of the month specified in the resolution but not sooner than	12253
the first day of the month that is at least sixty days after the	12254
certification of the election results by the board of elections. A	12255
copy of the resolution levying the tax and the certification of	12256
the board of elections shall be certified to the tax commissioner	12257
at least sixty days prior to the date on which the tax is to	12258
become effective.	12259

A resolution under this section may be joined on the ballot	12260
as a single question with a resolution adopted under section	12261
307.697 or 5743.024 of the Revised Code to levy a tax for the same	12262
purposes and for the purpose of paying the expenses of	12263
administering the tax. The form of the ballot in an election held	12264
pursuant to this section shall be as prescribed in section 307.697	12265
of the Revised Code.	12266

(B) The board of county commissioners of a county in which a	12267
tax is imposed under this section on ~~the effective date of this~~	12268
~~amendment~~July19, 1995, may levy a tax for the purpose of section	12269
307.673 of the Revised Code regardless of whether or not the	12270
cooperative agreement authorized under that section has been	12271
entered into prior to the day the resolution adopted under	12272
division (B)(1) or (2) of this section is adopted, and for the	12273
purpose of reimbursing a county for costs incurred in the	12274
construction of a sports facility pursuant to an agreement entered	12275
into by the county under section 307.696 of the Revised Code. The	12276
tax shall be levied and approved in one of the manners prescribed	12277
by division (B)(1) or (2) of this section.	12278

(1) The tax may be levied pursuant to a resolution adopted by	12279
a majority of the members of the board of county commissioners not	12280
later than ~~forty-five days after the effective date of this~~	12281
~~amendment~~September2, 1995. A board of county commissioners	12282
approving a tax under division (B)(1) of this section may approve	12283
a tax under division (D)(1) of section 307.697 or division (C)(1)	12284
of section 5743.024 of the Revised Code at the same time. Subject	12285
to the resolution being submitted to a referendum under sections	12286
305.31 to 305.41 of the Revised Code, the resolution shall take	12287
effect immediately, but the tax levied pursuant to the resolution	12288
shall not be levied prior to the day following the last day the	12289
tax levied pursuant to division (A) of this section may be levied.	12290

(2) The tax may be levied pursuant to a resolution adopted by	12291
a majority of the members of the board of county commissioners not	12292
later than ~~forty-five days after the effective date of this~~	12293
~~amendment~~September2, 1995, and approved by a majority of the	12294
electors of the county voting on the question of levying the tax	12295
at the next succeeding general election following ~~the effective~~	12296
~~date of this amendment~~July19, 1995. The board of county	12297
commissioners shall certify a copy of the resolution to the board	12298
of elections immediately upon adopting a resolution under division	12299
(D)(2) of this section, and the board of elections shall place the	12300
question of levying the tax on the ballot at that election. The	12301
form of the ballot shall be as prescribed by division (C) of	12302
section 307.697 of the Revised Code, except that the phrase	12303
"paying not more than one-half of the costs of providing a sports	12304
facility together with related redevelopment and economic	12305
development projects" shall be replaced by the phrase "paying the	12306
costs of constructing or renovating a sports facility and	12307
reimbursing a county for costs incurred by the county in the	12308
construction of a sports facility," and the phrase ", beginning	12309
.......... (here insert the earliest date the tax would take	12310
effect)" shall be appended after "years." A board of county	12311
commissioners submitting the question of a tax under division	12312
(B)(2) of this section may submit the question of a tax under	12313
division (D)(2) of section 307.697 or division (C)(2) of section	12314
5743.024 of the Revised Code as a single question, and the form of	12315
the ballot shall include each of the proposed taxes.	12316

If approved by a majority of electors voting on the question,	12317
the tax shall take effect on the day specified on the ballot,	12318
which shall not be earlier than the day following the last day the	12319
tax levied pursuant to division (A) of this section may be levied.	12320

The rate of a tax levied pursuant to division (B)(1) or (2)	12321
of this section shall not exceed the rate specified in division	12322
(A) of this section. A tax levied pursuant to division (B)(1) or	12323
(2) of this section may be levied for any number of years not	12324
exceeding twenty.	12325

A board of county commissioners adopting a resolution under	12326
division (B)(1) or (2) of this section shall certify a copy of the	12327
resolution to the tax commissioner immediately upon adoption of	12328
the resolution.	12329

(C) No tax shall be levied under this section on or after the	12330
effective date of the amendment of this section by ....... of the	12331
127th general assembly. This division does not prevent the	12332
collection of any tax levied under this section before that date	12333
so long as that tax remains effective.	12334

Sec. 4301.424. (A) For the purpose of section 351.26 of the	12335
Revised Code and to pay any or all of the charge the board of	12336
elections makes against the county to hold the election on the	12337
question of levying the tax, the board of county commissioners, in	12338
the manner prescribed by division (A) of section 351.26 of the	12339
Revised Code, may levy a tax on each gallon of spirituous liquor;	12340
on the sale of beer; and on the sale of wine and mixed beverages.	12341
The tax on spirituous liquor shall be imposed on spirituous liquor	12342
sold to or purchased by liquor permit holders for resale, and sold	12343
at retail by the division of liquor control, in the county at a	12344
rate not greater than three dollars per gallon; the tax on beer,	12345
wine, and mixed beverages shall be imposed on all beer, wine, and	12346
mixed beverages sold for resale at retail in the county, and on	12347
all beer, wine, and mixed beverages sold at retail in the county	12348
by the manufacturer, bottler, importer, or other person and upon	12349
which the tax has not been paid. The rate of the tax on beer shall	12350
not exceed sixteen cents per gallon, and the rate of the tax on	12351
wine and mixed beverages shall not exceed thirty-two cents per	12352
gallon. Only one sale of the same article shall be used in	12353
computing, reporting, and paying the amount of tax due. The tax	12354
may be levied for any number of years not exceeding twenty.	12355

The tax shall be levied pursuant to a resolution of the board	12356
of county commissioners adopted as prescribed by division (A) of	12357
section 351.26 of the Revised Code and approved by a majority of	12358
the electors in the county voting on the question of levying the	12359
tax. The resolution shall specify the rates of the tax, the number	12360
of years the tax will be levied, and the purposes for which the	12361
tax is levied. Such election may be held on the date of a general	12362
or special election held not sooner than seventy-five days after	12363
the date the board certifies its resolution to the board of	12364
elections. If approved by the electors, the tax takes effect on	12365
the first day of the month specified in the resolution but not	12366
sooner than the first day of the month that is at least sixty days	12367
after the certification of the election results by the board of	12368
elections. A copy of the resolution levying the tax shall be	12369
certified to the division of liquor control and the tax	12370
commissioner at least sixty days prior to the date on which the	12371
tax is to become effective.	12372

(B) A resolution under this section may be joined on the	12373
ballot as a single question with a resolution adopted under	12374
section 5743.026 of the Revised Code to levy a tax for the same	12375
purposes, and for the purpose of paying the expenses of	12376
administering that tax.	12377

(C) The form of the ballot in an election held on the	12378
question of levying a tax proposed pursuant to this section shall	12379
be as prescribed by section 351.26 of the Revised Code.	12380

(D) No tax shall be levied under this section on or after the	12381
effective date of the amendment of this section by the capital	12382
appropriations act of the 127th general assembly. This division	12383
does not prevent the collection of any tax levied under this	12384
section before that date so long as that tax remains effective.	12385

Sec. 4301.432. For the purpose of encouraging the grape	12386
industries of the state, a tax is hereby levied on the sale or	12387
distribution of vermouth, sparkling and carbonated wine and	12388
champagne, and other wine, except for known sacramental purposes,	12389
at the rate of two cents per wine gallon, the tax to be paid by	12390
the holders of A-2 ~~and~~, B-2a, B-5, and S permits or by any other	12391
person selling or distributing wine upon which no such tax has	12392
been paid. The treasurer of state shall credit to the Ohio grape	12393
industries fund created under section 924.54 of the Revised Code	12394
the moneys hethe treasurer of state receives from this tax.	12395

Sec. 4301.441. Any information provided to a state agency by	12396
the department of taxation in accordance with division (C)(11) of	12397
section 5703.21 of the Revised Code shall not be disclosed	12398
publicly by that agency, except for purposes of enforcement, to	12399
deny the renewal of a liquor permit, or to report such information	12400
to the alcohol and tobacco tax and trade bureau in the United	12401
States department of the treasury.	12402

Sec. 4301.47. Every class A-1, A-2, and A-4 permit holder	12403
and each class B or S permit holder shall maintain and keep for a	12404
period of three years a record of the beer, wine, and mixed	12405
beverages purchased, distributed, or sold within this state by the	12406
permit holder, together with invoices, records, receipts, bills of	12407
lading, and other pertinent papers required by the tax	12408
commissioner and, upon demand by the tax commissioner, shall	12409
produce these records for a three-year period prior to the demand	12410
unless upon satisfactory proof it is shown that the nonproduction	12411
is due to causes beyond the permit holder's control.	12412

Sec. 4301.62. (A) As used in this section:

12413

(1) "Chauffeured limousine" means a vehicle registered under	12414
section 4503.24 of the Revised Code.	12415

(2) "Street," "highway," and "motor vehicle" have the same	12416
meanings as in section 4511.01 of the Revised Code.	12417

(B) No person shall have in the person's possession an opened	12418
container of beer or intoxicating liquor in any of the following	12419
circumstances:	12420

(1) In a state liquor store;

12421

(2) Except as provided in division (C) of this section, on	12422
the premises of the holder of any permit issued by the division of	12423
liquor control;	12424

(3) In any other public place;

12425

(4) Except as provided in division (D) or (E) of this	12426
section, while operating or being a passenger in or on a motor	12427
vehicle on any street, highway, or other public or private	12428
property open to the public for purposes of vehicular travel or	12429
parking;	12430

(5) Except as provided in division (D) or (E) of this	12431
section, while being in or on a stationary motor vehicle on any	12432
street, highway, or other public or private property open to the	12433
public for purposes of vehicular travel or parking.	12434

(C)(1) A person may have in the person's possession an opened	12435
container of any of the following:	12436

(a) Beer or intoxicating liquor that has been lawfully	12437
purchased for consumption on the premises where bought from the	12438
holder of an A-1-A, A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5,	12439
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	12440
D-5l, D-7, D-8, E, F, F-2, or F-5 permit;	12441

(b) Beer, wine, or mixed beverages served for consumption on	12442
the premises by the holder of an F-3 permit or wine served for	12443
consumption on the premises by the holder of an F-4 or F-6 permit;	12444

(c) Beer or intoxicating liquor consumed on the premises of a	12445
convention facility as provided in section 4303.201 of the Revised	12446
Code;	12447

(d) Beer or intoxicating liquor to be consumed during	12448
tastings and samplings approved by rule of the liquor control	12449
commission.	12450

(2) A person may have in the person's possession on an F	12451
liquor permit premises an opened container of beer or intoxicating	12452
liquor that was not purchased from the holder of the F permit if	12453
the premises for which the F permit is issued is a music festival	12454
and the holder of the F permit grants permission for that	12455
possession on the premises during the period for which the F	12456
permit is issued. As used in this division, "music festival" means	12457
a series of outdoor live musical performances, extending for a	12458
period of at least three consecutive days and located on an area	12459
of land of at least forty acres.	12460

(3)(a) A person may have in the person's possession on a D-2	12461
liquor permit premises an opened or unopened container of wine	12462
that was not purchased from the holder of the D-2 permit if the	12463
premises for which the D-2 permit is issued is an outdoor	12464
performing arts center, the person is attending an orchestral	12465
performance, and the holder of the D-2 permit grants permission	12466
for the possession and consumption of wine in certain	12467
predesignated areas of the premises during the period for which	12468
the D-2 permit is issued.	12469

(b) As used in division (C)(3)(a) of this section:

12470

(i) "Orchestral performance" means a concert comprised of a	12471
group of not fewer than forty musicians playing various musical	12472
instruments.	12473

(ii) "Outdoor performing arts center" means an outdoor	12474
performing arts center that is located on not less than eight	12475
hundred acres of land and that is open for performances from the	12476
first day of April to the last day of October of each year.	12477

(D) This section does not apply to a person who pays all or a	12478
portion of the fee imposed for the use of a chauffeured limousine	12479
pursuant to a prearranged contract, or the guest of the person,	12480
when all of the following apply:	12481

(1) The person or guest is a passenger in the limousine.

12482

(2) The person or guest is located in the limousine, but is	12483
not occupying a seat in the front compartment of the limousine	12484
where the operator of the limousine is located.	12485

(3) The limousine is located on any street, highway, or other	12486
public or private property open to the public for purposes of	12487
vehicular travel or parking.	12488

(E) An opened bottle of wine that was purchased from the	12489
holder of a permit that authorizes the sale of wine for	12490
consumption on the premises where sold is not an opened container	12491
for the purposes of this section if both of the following apply:	12492

(1) The opened bottle of wine is securely resealed by the	12493
permit holder or an employee of the permit holder before the	12494
bottle is removed from the premises. The bottle shall be secured	12495
in such a manner that it is visibly apparent if the bottle has	12496
been subsequently opened or tampered with.	12497

(2) The opened bottle of wine that is resealed in accordance	12498
with division (E)(1) of this section is stored in the trunk of a	12499
motor vehicle or, if the motor vehicle does not have a trunk,	12500
behind the last upright seat or in an area not normally occupied	12501
by the driver or passengers and not easily accessible by the	12502
driver.	12503

Sec. 4303.03. ~~Permit~~(A) Subject to division (B) of this	12504
section, permit A-2 may be issued to a manufacturer to	12505
manufacture wine from grapes or other fruits; to import and	12506
purchase wine in bond for blending purposes, the total amount of	12507
wine so imported during the year covered by the permit not to	12508
exceed forty per cent of all the wine manufactured and imported;	12509
to manufacture, purchase, and import brandy for fortifying	12510
purposes; and to sell those products either in glass or container	12511
for consumption on the premises where manufactured, in sealed	12512
containers for consumption off the premises where manufactured,	12513
and to wholesale permit holders under the rules adopted by the	12514
division of liquor control.	12515

(B)(1) The holder of an A-2 permit shall not sell directly to	12516
a retailer. In order to make sales to a retailer, the manufacturer	12517
shall obtain a B-2a permit or make the sale directly to a B-2 or	12518
B-5 permit holder for subsequent resale to a retailer.	12519

(2) The holder of an A-2 permit shall not sell directly to a	12520
consumer unless the product is sold on the premises in accordance	12521
with division (A) of this section. In order to make sales to a	12522
consumer off the premises where the wine is manufactured, the	12523
manufacturer shall obtain an S permit.	12524

(3) Nothing in this chapter prohibits an A-2 permit holder	12525
also holding a B-2a or S permit.	12526

(C) The fee for this permit is seventy-six dollars for each	12527
plant to which this permit is issued.	12528

Sec. 4303.071. (A)(1) ~~Except as otherwise provided in~~	12529
~~division (A)(2) of this section, permit~~Permit B-2a may be issued	12530
to a person that ~~manufactures wine,~~ is the brand owner or United	12531
States importer of wine, or is the designated agent of a brand	12532
owner or importer for all wine sold in this state for that owner	12533
or importer, or manufactures wine if such manufacturer is	12534
entitled to a tax credit under 27 C.F.R. 24.278 and produces less	12535
than two hundred fifty thousand gallons of wine per year. If the	12536
person resides outside this state, the person shall comply with	12537
the requirements governing the issuance of licenses or permits	12538
that authorize the sale of intoxicating liquor by the appropriate	12539
authority of the state in which the person resides or by the	12540
alcohol and tobacco tax and trade bureau in the United States	12541
department of the treasury.	12542

(2) ~~A B-2a permit shall only be issued to a manufacturer of~~	12543
~~wine that is entitled to a tax credit under 27 C.F.R. 24.278 and~~	12544
~~that produces less than one hundred fifty thousand gallons of wine~~	12545
~~per year.~~	12546

~~(3)~~ The fee for the B-2a permit is twenty-five dollars.

12547

~~(4)~~(3) The holder of a B-2a permit may sell wine to a retail	12548
permit holder, but a B-2a permit holder that is a wine	12549
manufacturer may sell to a retail permit holder only wine that the	12550
B-2a permit holder has manufactured.	12551

~~(5)~~(4) The holder of a B-2a permit shall renew the permit in	12552
accordance with section 4303.271 of the Revised Code, except that	12553
renewal shall not be subject to the notice and hearing	12554
requirements established in division (B) of that section.	12555

(B) The holder of a B-2a permit shall collect and pay ~~all~~	12556
~~applicable~~the taxes relating to the delivery of a wine to a	12557
retailer ~~including, but not limited to, taxes~~that are levied	12558
under sections 4301.421 and ~~4301.43~~4301.432 and Chapters 5739.	12559
and 5741. of the Revised Code.	12560

(C) The holder of a B-2a permit shall comply with this	12561
chapter, Chapter 4301. of the Revised Code, and any rules adopted	12562
by the liquor control commission under section 4301.03 of the	12563
Revised Code.	12564

Sec. 4303.181. (A) Permit D-5a may be issued either to the	12565
owner or operator of a hotel or motel that is required to be	12566
licensed under section 3731.03 of the Revised Code, that contains	12567
at least fifty rooms for registered transient guests or is owned	12568
by a state institution of higher education as defined in section	12569
3345.011 of the Revised Code or a private college or university,	12570
and that qualifies under the other requirements of this section,	12571
or to the owner or operator of a restaurant specified under this	12572
section, to sell beer and any intoxicating liquor at retail, only	12573
by the individual drink in glass and from the container, for	12574
consumption on the premises where sold, and to registered guests	12575
in their rooms, which may be sold by means of a controlled access	12576
alcohol and beverage cabinet in accordance with division (B) of	12577
section 4301.21 of the Revised Code; and to sell the same products	12578
in the same manner and amounts not for consumption on the premises	12579
as may be sold by holders of D-1 and D-2 permits. The premises of	12580
the hotel or motel shall include a retail food establishment or a	12581
food service operation licensed pursuant to Chapter 3717. of the	12582
Revised Code that operates as a restaurant for purposes of this	12583
chapter and that is affiliated with the hotel or motel and within	12584
or contiguous to the hotel or motel, and that serves food within	12585
the hotel or motel, but the principal business of the owner or	12586
operator of the hotel or motel shall be the accommodation of	12587
transient guests. In addition to the privileges authorized in this	12588
division, the holder of a D-5a permit may exercise the same	12589
privileges as the holder of a D-5 permit.	12590

The owner or operator of a hotel, motel, or restaurant who	12591
qualified for and held a D-5a permit on August 4, 1976, may, if	12592
the owner or operator held another permit before holding a D-5a	12593
permit, either retain a D-5a permit or apply for the permit	12594
formerly held, and the division of liquor control shall issue the	12595
permit for which the owner or operator applies and formerly held,	12596
notwithstanding any quota.	12597

A D-5a permit shall not be transferred to another location.	12598
No quota restriction shall be placed on the number of D-5a permits	12599
that may be issued.	12600

The fee for this permit is two thousand three hundred	12601
forty-four dollars.	12602

(B) Permit D-5b may be issued to the owner, operator, tenant,	12603
lessee, or occupant of an enclosed shopping center to sell beer	12604
and intoxicating liquor at retail, only by the individual drink in	12605
glass and from the container, for consumption on the premises	12606
where sold; and to sell the same products in the same manner and	12607
amount not for consumption on the premises as may be sold by	12608
holders of D-1 and D-2 permits. In addition to the privileges	12609
authorized in this division, the holder of a D-5b permit may	12610
exercise the same privileges as a holder of a D-5 permit.	12611

A D-5b permit shall not be transferred to another location.

12612

One D-5b permit may be issued at an enclosed shopping center	12613
containing at least two hundred twenty-five thousand, but less	12614
than four hundred thousand, square feet of floor area.	12615

Two D-5b permits may be issued at an enclosed shopping center	12616
containing at least four hundred thousand square feet of floor	12617
area. No more than one D-5b permit may be issued at an enclosed	12618
shopping center for each additional two hundred thousand square	12619
feet of floor area or fraction of that floor area, up to a maximum	12620
of five D-5b permits for each enclosed shopping center. The number	12621
of D-5b permits that may be issued at an enclosed shopping center	12622
shall be determined by subtracting the number of D-3 and D-5	12623
permits issued in the enclosed shopping center from the number of	12624
D-5b permits that otherwise may be issued at the enclosed shopping	12625
center under the formulas provided in this division. Except as	12626
provided in this section, no quota shall be placed on the number	12627
of D-5b permits that may be issued. Notwithstanding any quota	12628
provided in this section, the holder of any D-5b permit first	12629
issued in accordance with this section is entitled to its renewal	12630
in accordance with section 4303.271 of the Revised Code.	12631

The holder of a D-5b permit issued before April 4, 1984,	12632
whose tenancy is terminated for a cause other than nonpayment of	12633
rent, may return the D-5b permit to the division of liquor	12634
control, and the division shall cancel that permit. Upon	12635
cancellation of that permit and upon the permit holder's payment	12636
of taxes, contributions, premiums, assessments, and other debts	12637
owing or accrued upon the date of cancellation to this state and	12638
its political subdivisions and a filing with the division of a	12639
certification of that payment, the division shall issue to that	12640
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	12641
that person requests. The division shall issue the D-5 permit, or	12642
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	12643
D-3, or D-5 permits currently issued in the municipal corporation	12644
or in the unincorporated area of the township where that person's	12645
proposed premises is located equals or exceeds the maximum number	12646
of such permits that can be issued in that municipal corporation	12647
or in the unincorporated area of that township under the	12648
population quota restrictions contained in section 4303.29 of the	12649
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	12650
be transferred to another location. If a D-5b permit is canceled	12651
under the provisions of this paragraph, the number of D-5b permits	12652
that may be issued at the enclosed shopping center for which the	12653
D-5b permit was issued, under the formula provided in this	12654
division, shall be reduced by one if the enclosed shopping center	12655
was entitled to more than one D-5b permit under the formula.	12656

The fee for this permit is two thousand three hundred	12657
forty-four dollars.	12658

(C) Permit D-5c may be issued to the owner or operator of a	12659
retail food establishment or a food service operation licensed	12660
pursuant to Chapter 3717. of the Revised Code that operates as a	12661
restaurant for purposes of this chapter and that qualifies under	12662
the other requirements of this section to sell beer and any	12663
intoxicating liquor at retail, only by the individual drink in	12664
glass and from the container, for consumption on the premises	12665
where sold, and to sell the same products in the same manner and	12666
amounts not for consumption on the premises as may be sold by	12667
holders of D-1 and D-2 permits. In addition to the privileges	12668
authorized in this division, the holder of a D-5c permit may	12669
exercise the same privileges as the holder of a D-5 permit.	12670

To qualify for a D-5c permit, the owner or operator of a	12671
retail food establishment or a food service operation licensed	12672
pursuant to Chapter 3717. of the Revised Code that operates as a	12673
restaurant for purposes of this chapter, shall have operated the	12674
restaurant at the proposed premises for not less than twenty-four	12675
consecutive months immediately preceding the filing of the	12676
application for the permit, have applied for a D-5 permit no later	12677
than December 31, 1988, and appear on the division's quota waiting	12678
list for not less than six months immediately preceding the filing	12679
of the application for the permit. In addition to these	12680
requirements, the proposed D-5c permit premises shall be located	12681
within a municipal corporation and further within an election	12682
precinct that, at the time of the application, has no more than	12683
twenty-five per cent of its total land area zoned for residential	12684
use.	12685

A D-5c permit shall not be transferred to another location.	12686
No quota restriction shall be placed on the number of such permits	12687
that may be issued.	12688

Any person who has held a D-5c permit for at least two years	12689
may apply for a D-5 permit, and the division of liquor control	12690
shall issue the D-5 permit notwithstanding the quota restrictions	12691
contained in section 4303.29 of the Revised Code or in any rule of	12692
the liquor control commission.	12693

The fee for this permit is one thousand five hundred	12694
sixty-three dollars.	12695

(D) Permit D-5d may be issued to the owner or operator of a	12696
retail food establishment or a food service operation licensed	12697
pursuant to Chapter 3717. of the Revised Code that operates as a	12698
restaurant for purposes of this chapter and that is located at an	12699
airport operated by a board of county commissioners pursuant to	12700
section 307.20 of the Revised Code, at an airport operated by a	12701
port authority pursuant to Chapter 4582. of the Revised Code, or	12702
at an airport operated by a regional airport authority pursuant to	12703
Chapter 308. of the Revised Code. The holder of a D-5d permit may	12704
sell beer and any intoxicating liquor at retail, only by the	12705
individual drink in glass and from the container, for consumption	12706
on the premises where sold, and may sell the same products in the	12707
same manner and amounts not for consumption on the premises where	12708
sold as may be sold by the holders of D-1 and D-2 permits. In	12709
addition to the privileges authorized in this division, the holder	12710
of a D-5d permit may exercise the same privileges as the holder of	12711
a D-5 permit.	12712

A D-5d permit shall not be transferred to another location.	12713
No quota restrictions shall be placed on the number of such	12714
permits that may be issued.	12715

The fee for this permit is two thousand three hundred	12716
forty-four dollars.	12717

(E) Permit D-5e may be issued to any nonprofit organization	12718
that is exempt from federal income taxation under the "Internal	12719
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	12720
amended, or that is a charitable organization under any chapter of	12721
the Revised Code, and that owns or operates a riverboat that meets	12722
all of the following:	12723

(1) Is permanently docked at one location;

12724

(2) Is designated as an historical riverboat by the Ohio	12725
historical society;	12726

(3) Contains not less than fifteen hundred square feet of	12727
floor area;	12728

(4) Has a seating capacity of fifty or more persons.

12729

The holder of a D-5e permit may sell beer and intoxicating	12730
liquor at retail, only by the individual drink in glass and from	12731
the container, for consumption on the premises where sold.	12732

A D-5e permit shall not be transferred to another location.	12733
No quota restriction shall be placed on the number of such permits	12734
that may be issued. The population quota restrictions contained	12735
in section 4303.29 of the Revised Code or in any rule of the	12736
liquor control commission shall not apply to this division, and	12737
the division shall issue a D-5e permit to any applicant who meets	12738
the requirements of this division. However, the division shall not	12739
issue a D-5e permit if the permit premises or proposed permit	12740
premises are located within an area in which the sale of	12741
spirituous liquor by the glass is prohibited.	12742

The fee for this permit is one thousand two hundred nineteen	12743
dollars.	12744

(F) Permit D-5f may be issued to the owner or operator of a	12745
retail food establishment or a food service operation licensed	12746
under Chapter 3717. of the Revised Code that operates as a	12747
restaurant for purposes of this chapter and that meets all of the	12748
following:	12749

(1) It contains not less than twenty-five hundred square feet	12750
of floor area.	12751

(2) It is located on or in, or immediately adjacent to, the	12752
shoreline of, a navigable river.	12753

(3) It provides docking space for twenty-five boats.

12754

(4) It provides entertainment and recreation, provided that	12755
not less than fifty per cent of the business on the permit	12756
premises shall be preparing and serving meals for a consideration.	12757

In addition, each application for a D-5f permit shall be	12758
accompanied by a certification from the local legislative	12759
authority that the issuance of the D-5f permit is not inconsistent	12760
with that political subdivision's comprehensive development plan	12761
or other economic development goal as officially established by	12762
the local legislative authority.	12763

The holder of a D-5f permit may sell beer and intoxicating	12764
liquor at retail, only by the individual drink in glass and from	12765
the container, for consumption on the premises where sold.	12766

A D-5f permit shall not be transferred to another location.

12767

The division of liquor control shall not issue a D-5f permit	12768
if the permit premises or proposed permit premises are located	12769
within an area in which the sale of spirituous liquor by the glass	12770
is prohibited.	12771

A fee for this permit is two thousand three hundred	12772
forty-four dollars.	12773

As used in this division, "navigable river" means a river	12774
that is also a "navigable water" as defined in the "Federal Power	12775
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	12776

(G) Permit D-5g may be issued to a nonprofit corporation that	12777
is either the owner or the operator of a national professional	12778
sports museum. The holder of a D-5g permit may sell beer and any	12779
intoxicating liquor at retail, only by the individual drink in	12780
glass and from the container, for consumption on the premises	12781
where sold. The holder of a D-5g permit shall sell no beer or	12782
intoxicating liquor for consumption on the premises where sold	12783
after one a.m. A D-5g permit shall not be transferred to another	12784
location. No quota restrictions shall be placed on the number of	12785
D-5g permits that may be issued. The fee for this permit is one	12786
thousand eight hundred seventy-five dollars.	12787

(H)(1) Permit D-5h may be issued to any nonprofit	12788
organization that is exempt from federal income taxation under the	12789
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	12790
501(c)(3), as amended, that owns or operates any of the following:	12791

(a) A fine arts museum, provided that the nonprofit	12792
organization has no less than one thousand five hundred bona fide	12793
members possessing full membership privileges;	12794

(b) A community arts center. As used in division (H)(1)(b)	12795
of this section, "community arts center" means a facility that	12796
provides arts programming to the community in more than one arts	12797
discipline, including, but not limited to, exhibits of works of	12798
art and performances by both professional and amateur artists.	12799

(c) A community theater, provided that the nonprofit	12800
organization is a member of the Ohio arts council and the American	12801
community theatre association and has been in existence for not	12802
less than ten years. As used in division (H)(1)(c) of this	12803
section, "community theater" means a facility that contains at	12804
least one hundred fifty seats and has a primary function of	12805
presenting live theatrical performances and providing recreational	12806
opportunities to the community.	12807

(2) The holder of a D-5h permit may sell beer and any	12808
intoxicating liquor at retail, only by the individual drink in	12809
glass and from the container, for consumption on the premises	12810
where sold. The holder of a D-5h permit shall sell no beer or	12811
intoxicating liquor for consumption on the premises where sold	12812
after one a.m. A D-5h permit shall not be transferred to another	12813
location. No quota restrictions shall be placed on the number of	12814
D-5h permits that may be issued.	12815

(3) The fee for a D-5h permit is one thousand eight hundred	12816
seventy-five dollars.	12817

(I) Permit D-5i may be issued to the owner or operator of a	12818
retail food establishment or a food service operation licensed	12819
under Chapter 3717. of the Revised Code that operates as a	12820
restaurant for purposes of this chapter and that meets all of the	12821
following requirements:	12822

(1) It is located in a municipal corporation or a township	12823
with a population of one hundred thousand or less.	12824

(2) It has inside seating capacity for at least one hundred	12825
forty persons.	12826

(3) It has at least four thousand square feet of floor area.

12827

(4) It offers full-course meals, appetizers, and sandwiches.

12828

(5) Its receipts from beer and liquor sales, excluding wine	12829
sales, do not exceed twenty-five per cent of its total gross	12830
receipts.	12831

(6) It has at least one of the following characteristics:

12832

(a) The value of its real and personal property exceeds seven	12833
hundred twenty-five thousand dollars.	12834

(b) It is located on property that is owned or leased by the	12835
state or a state agency, and its owner or operator has	12836
authorization from the state or the state agency that owns or	12837
leases the property to obtain a D-5i permit.	12838

The holder of a D-5i permit shall cause an independent audit	12839
to be performed at the end of one full year of operation following	12840
issuance of the permit in order to verify the requirements of	12841
division (I)(5) of this section. The results of the independent	12842
audit shall be transmitted to the division. Upon determining that	12843
the receipts of the holder from beer and liquor sales, excluding	12844
wine sales, exceeded twenty-five per cent of its total gross	12845
receipts, the division shall suspend the permit of the permit	12846
holder under section 4301.25 of the Revised Code and may allow the	12847
permit holder to elect a forfeiture under section 4301.252 of the	12848
Revised Code.	12849

The holder of a D-5i permit may sell beer and any	12850
intoxicating liquor at retail, only by the individual drink in	12851
glass and from the container, for consumption on the premises	12852
where sold, and may sell the same products in the same manner and	12853
amounts not for consumption on the premises where sold as may be	12854
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	12855
permit shall sell no beer or intoxicating liquor for consumption	12856
on the premises where sold after two-thirty a.m. In addition to	12857
the privileges authorized in this division, the holder of a D-5i	12858
permit may exercise the same privileges as the holder of a D-5	12859
permit.	12860

A D-5i permit shall not be transferred to another location.	12861
The division of liquor control shall not renew a D-5i permit	12862
unless the retail food establishment or food service operation for	12863
which it is issued continues to meet the requirements described in	12864
divisions (I)(1) to (6) of this section. No quota restrictions	12865
shall be placed on the number of D-5i permits that may be issued.	12866
The fee for the D-5i permit is two thousand three hundred	12867
forty-four dollars.	12868

(J)(1) Permit D-5j may be issued to the owner or the operator	12869
of a retail food establishment or a food service operation	12870
licensed under Chapter 3717. of the Revised Code to sell beer and	12871
intoxicating liquor at retail, only by the individual drink in	12872
glass and from the container, for consumption on the premises	12873
where sold and to sell beer and intoxicating liquor in the same	12874
manner and amounts not for consumption on the premises where sold	12875
as may be sold by the holders of D-1 and D-2 permits. The holder	12876
of a D-5j permit may exercise the same privileges, and shall	12877
observe the same hours of operation, as the holder of a D-5	12878
permit.	12879

(2) The D-5j permit shall be issued only within a community	12880
entertainment district that is designated under section 4301.80 of	12881
the Revised Code and that meets one of the following	12882
qualifications:	12883

(a) It is located in a municipal corporation with a	12884
population of at least one hundred thousand.	12885

(b) It is located in a municipal corporation with a	12886
population of at least twenty thousand, and either of the	12887
following applies:	12888

(i) It contains an amusement park the rides of which have	12889
been issued a permit by the department of agriculture under	12890
Chapter 1711. of the Revised Code.	12891

(ii) Not less than fifty million dollars will be invested in	12892
development and construction in the community entertainment	12893
district's area located in the municipal corporation.	12894

(c) It is located in a township with a population of at least	12895
forty thousand.	12896

(d) It is located in a municipal corporation with a	12897
population of at least ten thousand, and not less than seventy	12898
million dollars will be invested in development and construction	12899
in the community entertainment district's area located in the	12900
municipal corporation.	12901

(3) The location of a D-5j permit may be transferred only	12902
within the geographic boundaries of the community entertainment	12903
district in which it was issued and shall not be transferred	12904
outside the geographic boundaries of that district.	12905

(4) Not more than one D-5j permit shall be issued within each	12906
community entertainment district for each five acres of land	12907
located within the district. Not more than fifteen D-5j permits	12908
may be issued within a single community entertainment district.	12909
Except as otherwise provided in division (J)(4) of this section,	12910
no quota restrictions shall be placed upon the number of D-5j	12911
permits that may be issued.	12912

(5) The fee for a D-5j permit is two thousand three hundred	12913
forty-four dollars.	12914

(K)(1) Permit D-5k may be issued to any nonprofit	12915
organization that is exempt from federal income taxation under the	12916
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	12917
501(c)(3), as amended, that is the owner or operator of a	12918
botanical garden recognized by the American association of	12919
botanical gardens and arboreta, and that has not less than	12920
twenty-five hundred bona fide members.	12921

(2) The holder of a D-5k permit may sell beer and any	12922
intoxicating liquor at retail, only by the individual drink in	12923
glass and from the container, on the premises where sold.	12924

(3) The holder of a D-5k permit shall sell no beer or	12925
intoxicating liquor for consumption on the premises where sold	12926
after one a.m.	12927

(4) A D-5k permit shall not be transferred to another	12928
location.	12929

(5) No quota restrictions shall be placed on the number of	12930
D-5k permits that may be issued.	12931

(6) The fee for the D-5k permit is one thousand eight hundred	12932
seventy-five dollars.	12933

(L) Permit D-5l may be issued to either the owner or the	12934
operator of a retail food establishment or food service operation	12935
licensed under Chapter 3717. of the Revised Code that operates as	12936
a restaurant for purposes of this chapter and that is located in,	12937
or affiliated with, a center for the preservation of wild animals	12938
as defined in section 4301.404 of the Revised Code, to sell beer	12939
and any intoxicating liquor at retail, only by the glass and from	12940
the container, for consumption on the premises where sold, and to	12941
sell the same products in the same manner and amounts not for	12942
consumption on the premises as may be sold by the holders of D-1	12943
and D-2 permits. In addition to the privileges authorized by this	12944
division, the holder of a D-5l permit may exercise the same	12945
privileges as the holder of a D-5 permit.	12946

A D-5l permit shall not be transferred to another location.	12947
No quota restrictions shall be placed on the number of D-5l	12948
permits that may be issued. The fee for a permit D-5l is two	12949
thousand three hundred forty-four dollars.	12950

Sec. 4303.182. (A) Except as otherwise provided in divisions	12951
(B) to (J) of this section, permit D-6 shall be issued to the	12952
holder of an A-1-A, A-2, C-2, D-2, D-3, D-3a, D-4, D-4a, D-5,	12953
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	12954
D-5l, or D-7 permit to allow sale under that permit between the	12955
hours of ten a.m. and midnight, or between the hours of one p.m.	12956
and midnight, on Sunday, as applicable, if that sale has been	12957
authorized under section 4301.361, 4301.364, 4301.365, or	12958
4301.366 of the Revised Code and under the restrictions of that	12959
authorization.	12960

(B) Permit D-6 shall be issued to the holder of any permit,	12961
including a D-4a and D-5d permit, authorizing the sale of	12962
intoxicating liquor issued for a premises located at any publicly	12963
owned airport, as defined in section 4563.01 of the Revised Code,	12964
at which commercial airline companies operate regularly scheduled	12965
flights on which space is available to the public, to allow sale	12966
under such permit between the hours of ten a.m. and midnight on	12967
Sunday, whether or not that sale has been authorized under section	12968
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	12969

(C) Permit D-6 shall be issued to the holder of a D-5a	12970
permit, and to the holder of a D-3 or D-3a permit who is the owner	12971
or operator of a hotel or motel that is required to be licensed	12972
under section 3731.03 of the Revised Code, that contains at least	12973
fifty rooms for registered transient guests, and that has on its	12974
premises a retail food establishment or a food service operation	12975
licensed pursuant to Chapter 3717. of the Revised Code that	12976
operates as a restaurant for purposes of this chapter and is	12977
affiliated with the hotel or motel and within or contiguous to the	12978
hotel or motel and serving food within the hotel or motel, to	12979
allow sale under such permit between the hours of ten a.m. and	12980
midnight on Sunday, whether or not that sale has been authorized	12981
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	12982
Revised Code.	12983

(D) The holder of a D-6 permit that is issued to a sports	12984
facility may make sales under the permit between the hours of	12985
eleven a.m. and midnight on any Sunday on which a professional	12986
baseball, basketball, football, hockey, or soccer game is being	12987
played at the sports facility. As used in this division, "sports	12988
facility" means a stadium or arena that has a seating capacity of	12989
at least four thousand and that is owned or leased by a	12990
professional baseball, basketball, football, hockey, or soccer	12991
franchise or any combination of those franchises.	12992

(E) Permit D-6 shall be issued to the holder of any permit	12993
that authorizes the sale of beer or intoxicating liquor and that	12994
is issued to a premises located in or at the Ohio historical	12995
society area or the state fairgrounds, as defined in division (B)	12996
of section 4301.40 of the Revised Code, to allow sale under that	12997
permit between the hours of ten a.m. and midnight on Sunday,	12998
whether or not that sale has been authorized under section	12999
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	13000

(F) Permit D-6 shall be issued to the holder of any permit	13001
that authorizes the sale of intoxicating liquor and that is issued	13002
to an outdoor performing arts center to allow sale under that	13003
permit between the hours of one p.m. and midnight on Sunday,	13004
whether or not that sale has been authorized under section	13005
4301.361 of the Revised Code. A D-6 permit issued under this	13006
division is subject to the results of an election, held after the	13007
D-6 permit is issued, on question (B)(4) as set forth in section	13008
4301.351 of the Revised Code. Following the end of the period	13009
during which an election may be held on question (B)(4) as set	13010
forth in that section, sales of intoxicating liquor may continue	13011
at an outdoor performing arts center under a D-6 permit issued	13012
under this division, unless an election on that question is held	13013
during the permitted period and a majority of the voters voting in	13014
the precinct on that question vote "no."	13015

As used in this division, "outdoor performing arts center"	13016
means an outdoor performing arts center that is located on not	13017
less than eight hundred acres of land and that is open for	13018
performances from the first day of April to the last day of	13019
October of each year.	13020

(G) Permit D-6 shall be issued to the holder of any permit	13021
that authorizes the sale of beer or intoxicating liquor and that	13022
is issued to a golf course owned by the state, a conservancy	13023
district, a park district created under Chapter 1545. of the	13024
Revised Code, or another political subdivision to allow sale under	13025
that permit between the hours of ten a.m. and midnight on Sunday,	13026
whether or not that sale has been authorized under section	13027
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	13028

(H) Permit D-6 shall be issued to the holder of a D-5g permit	13029
to allow sale under that permit between the hours of ten a.m. and	13030
midnight on Sunday, whether or not that sale has been authorized	13031
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	13032
Revised Code.	13033

(I) Permit D-6 shall be issued to the holder of any D permit	13034
for a premises that is licensed under Chapter 3717. of the Revised	13035
Code and that is located at a ski area to allow sale under the D-6	13036
permit between the hours of ten a.m. and midnight on Sunday,	13037
whether or not that sale has been authorized under section	13038
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	13039

As used in this division, "ski area" means a ski area as	13040
defined in section 4169.01 of the Revised Code, provided that the	13041
passenger tramway operator at that area is registered under	13042
section 4169.03 of the Revised Code.	13043

(J) Permit D-6 shall be issued to the holder of a D-5j permit	13044
for a permit premises that is located in a community entertainment	13045
district, as defined in section 4301.80 of the Revised Code, that	13046
was approved by the legislative authority of a municipal	13047
corporation under that section between October 1 and October 15,	13048
2005, to allow sale under the permit between the hours of ten a.m.	13049
and midnight on Sunday, whether or not that sale has been	13050
authorized under section 4301.361, 4301.364, 4301.365, or 4301.366	13051
of the Revised Code.	13052

(K) If the restriction to licensed premises where the sale of	13053
food and other goods and services exceeds fifty per cent of the	13054
total gross receipts of the permit holder at the premises is	13055
applicable, the division of liquor control may accept an affidavit	13056
from the permit holder to show the proportion of the permit	13057
holder's gross receipts derived from the sale of food and other	13058
goods and services. If the liquor control commission determines	13059
that affidavit to have been false, it shall revoke the permits of	13060
the permit holder at the premises concerned.	13061

(L) The fee for the D-6 permit is five hundred dollars when	13062
it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a, D-4,	13063
D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i,	13064
D-5j, D-5k, D-5l, or D-7 permit. The fee for the D-6 permit is	13065
four hundred dollars when it is issued to the holder of a C-2	13066
permit.	13067

Sec. 4303.232. (A)(1) ~~Except as provided in division (A)(2)~~	13068
~~of this section, permit~~Permit S may be issued to a person that	13069
~~manufactures wine,~~ is the brand owner or United States importer of	13070
wine, or is the designated agent of a brand owner or importer for	13071
all wine sold in this state for that owner or importer, or	13072
manufactures wine if such manufacturer is entitled to a tax credit	13073
under 27 C.F.R. 24.278 and produces less than two hundred fifty	13074
thousand gallons of wine per year. If the person resides outside	13075
this state, the person shall comply with the requirements	13076
governing the issuance of licenses or permits that authorize the	13077
sale of intoxicating liquor by the appropriate authority of the	13078
state in which the person resides or by the alcohol and tobacco	13079
tax and trade bureau of the United States department of the	13080
treasury.	13081

(2) ~~An S permit shall only be issued to a manufacturer of~~	13082
~~wine that is entitled to a tax credit under 27 C.F.R. 24.278 and~~	13083
~~that produces less than one hundred fifty thousand gallons of wine~~	13084
~~per year.~~	13085

~~(3)~~ The fee for the S permit is twenty-five dollars.

13086

~~(4)~~(3) The holder of an S permit may sell wine to a personal	13087
consumer by receiving and filling orders that the personal	13088
consumer submits to the permit holder. The permit holder shall	13089
sell only wine that the permit holder has manufactured to a	13090
personal consumer.	13091

~~(5)~~(4) The holder of an S permit shall renew the permit in	13092
accordance with section 4303.271 of the Revised Code, except that	13093
the renewal shall not be subject to the notice and hearing	13094
requirements established in division (B) of that section.	13095

~~(6)~~(5) The division of liquor control may refuse to renew an	13096
S permit for any of the reasons specified in section 4303.292 of	13097
the Revised Code or if the holder of the permit fails to do any	13098
of the following:	13099

(a) Collect and pay all applicable taxes specified in	13100
division (B) of this section;	13101

(b) Pay the permit fee;

13102

(c) Comply with this section or any rules adopted by the	13103
liquor control commission under section 4301.03 of the Revised	13104
Code.	13105

(B) The holder of an S permit shall collect and pay ~~all~~	13106
~~applicable~~the taxes relating to the delivery of wine to a	13107
personal consumer~~, including, but not limited to, taxes~~that are	13108
levied under sections 4301.421 and ~~4301.43~~4301.432 and Chapters	13109
5739. and 5741. of the Revised Code.	13110

(C)(1) The holder of an S permit shall send a shipment of	13111
wine that has been paid for by a personal consumer to that	13112
personal consumer via the holder of an H permit. Prior to sending	13113
a shipment of wine to a personal consumer, the holder of an S	13114
permit, or an employee of the permit holder, shall make a bona	13115
fide effort to ensure that the personal consumer is at least	13116
twenty-one years of age. The shipment of wine shall be shipped in	13117
a package that clearly has written on it in bold print the words	13118
"alcohol enclosed." No person shall fail to comply with division	13119
(C)(1) of this section.	13120

(2) Upon delivering a shipment of wine to a personal	13121
consumer, the holder of the H permit, or an employee of the permit	13122
holder, shall verify that the personal consumer is at least	13123
twenty-one years of age by checking the personal consumer's	13124
driver's or commercial driver's license or identification card	13125
issued under sections 4507.50 to 4507.52 of the Revised Code.	13126

(3) The holder of an S permit shall keep a record of each	13127
shipment of wine that the permit holder sends to a personal	13128
consumer. The records shall be used for all of the following:	13129

(a) To provide a copy of each wine shipment invoice to the	13130
tax commissioner in a manner prescribed by the commissioner. The	13131
invoice shall include the name of each personal consumer that	13132
purchased wine from the S permit holder in accordance with this	13133
section and any other information required by the tax	13134
commissioner.	13135

(b) To provide annually in electronic format by electronic	13136
means a report to the division. The report shall include the name	13137
and address of each personal consumer that purchased wine from the	13138
S permit holder in accordance with this section, the quantity of	13139
wine purchased by each personal consumer, and any other	13140
information requested by the division. The division shall	13141
prescribe and provide an electronic form for the report and shall	13142
determine the specific electronic means that the S permit holder	13143
must use to submit the report.	13144

(c) To notify a personal consumer of any health or welfare	13145
recalls of the wine that has been purchased by the personal	13146
consumer.	13147

(D) As used in this section, "personal consumer" means an	13148
individual who is at least twenty-one years of age, is a resident	13149
of this state, does not hold a permit issued under this chapter,	13150
and intends to use wine purchased in accordance with this section	13151
for personal consumption only and not for resale or other	13152
commercial purposes.	13153

(E) The holder of an S permit shall comply with this chapter,	13154
Chapter 4301. of the Revised Code, and any rules adopted by the	13155
liquor control commission under section 4301.03 of the Revised	13156
Code.	13157

Sec. 4303.233. No family household shall purchase more than	13158
twenty-four cases of ~~nine-liter~~twelve bottles of seven hundred	13159
fifty milliliters of wine in one year.	13160

Sec. 4303.30. The rights granted by any D-2, D-3, D-3a, D-4,	13161
D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	13162
D-5l, or D-6 permit shall be exercised at not more than two fixed	13163
counters, commonly known as bars, in rooms or places on the permit	13164
premises, where beer, mixed beverages, wine, or spirituous liquor	13165
is sold to the public for consumption on the premises. For each	13166
additional fixed counter on the permit premises where those	13167
beverages are sold for consumption on the premises, the permit	13168
holder shall obtain a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5,	13169
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, or	13170
D-6 permit.	13171

The holder of any D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,	13172
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, or D-6 permit	13173
shall be granted, upon application to the division of liquor	13174
control, a duplicate D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b,	13175
D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, or D-6 permit for	13176
each additional fixed counter on the permit premises at which	13177
beer, mixed beverages, wine, or spirituous liquor is sold for	13178
consumption on the premises, provided the application is made in	13179
the same manner as an application for an original permit. The	13180
application shall be identified with DUPLICATE printed on the	13181
permit application form furnished by the department, in boldface	13182
type. The application shall identify by name, or otherwise amply	13183
describe, the room or place on the premises where the duplicate	13184
permit is to be operative. Each duplicate permit shall be issued	13185
only to the same individual, firm, or corporation as that of the	13186
original permit and shall be an exact duplicate in size and word	13187
content as the original permit, except that it shall show on it	13188
the name or other ample identification of the room, or place, for	13189
which it is issued and shall have DUPLICATE printed on it in	13190
boldface type. A duplicate permit shall bear the same number as	13191
the original permit. The fee for a duplicate permit is: D-1, one	13192
hundred dollars; D-2, one hundred dollars; D-3, four hundred	13193
dollars; D-3a, four hundred dollars; D-4, two hundred dollars;	13194
D-5, one thousand dollars; D-5a, one thousand dollars; D-5b, one	13195
thousand dollars; D-5c, four hundred dollars; D-5e, six hundred	13196
fifty dollars; D-5f, one thousand dollars; D-6, one hundred	13197
dollars when issued to the holder of a D-4a permit; and in all	13198
other cases one hundred dollars or an amount which is twenty per	13199
cent of the fees payable for the A-1-A, D-2, D-3, D-3a, D-4, D-5,	13200
D-5a, D-5b, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, D-5l, and	13201
D-6 permits issued to the same premises, whichever is higher.	13202
Application for a duplicate permit may be filed any time during	13203
the life of an original permit. The fee for each duplicate D-2,	13204
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g, D-5h,	13205
D-5i, D-5j, D-5k, D-5l, or D-6 permit shall be paid in accordance	13206
with section 4303.24 of the Revised Code.	13207

Sec. 4303.33. (A) Every A-1 permit holder in this state,	13208
every bottler, importer, wholesale dealer, broker, producer, or	13209
manufacturer of beer outside this state and within the United	13210
States, and every B-1 permit holder and importer importing beer	13211
from any manufacturer, bottler, person, or group of persons	13212
however organized outside the United States for sale or	13213
distribution for sale in this state, on or before the eighteenth	13214
day of each month, shall make and file with the tax commissioner	13215
upon a form prescribed by the tax commissioner an advance tax	13216
payment in an amount estimated to equal the taxpayer's tax	13217
liability for the month in which the advance tax payment is made.	13218
If the advance tax payment credits claimed on the report are for	13219
advance tax payments received by the tax commissioner on or before	13220
the eighteenth day of the month covered by the report, the	13221
taxpayer is entitled to an additional credit of three per cent of	13222
the advance tax payment and a discount of three per cent shall be	13223
allowed the taxpayer at the time of filing the report if filed as	13224
provided in division (B) of this section on any amount by which	13225
the tax liability reflected in the report exceeds the advance tax	13226
payment estimate by not more than ten per cent. The additional	13227
three per cent credit and three per cent discount shall be in	13228
consideration for advancing the payment of the tax and other	13229
services performed by the permit holder and other taxpayers in the	13230
collection of the tax.	13231

"Advance tax payment credit" means credit for payments made	13232
by an A-1 or B-1 permit holder and any other persons during the	13233
period covered by a report which was made in anticipation of the	13234
tax liability required to be reported on that report.	13235

"Tax liability" as used in division (A) of this section means	13236
the total gross tax liability of an A-1 or B-1 permit holder and	13237
any other persons for the period covered by a report before any	13238
allowance for credits and discount.	13239

(B) Every A-1 permit holder in this state, every bottler,	13240
importer, wholesale dealer, broker, producer, or manufacturer of	13241
beer outside this state and within the United States, and every	13242
B-1 permit holder importing beer from any manufacturer, bottler,	13243
person, or group of persons however organized outside the United	13244
States, on or before the tenth day of each month, shall make and	13245
file a report for the preceding month upon a form prescribed by	13246
the tax commissioner which report shall show the amount of beer	13247
produced, sold, and distributed for sale in this state by the A-1	13248
permit holder, sold and distributed for sale in this state by each	13249
manufacturer, bottler, importer, wholesale dealer, or broker	13250
outside this state and within the United States, and the amount of	13251
beer imported into this state from outside the United States and	13252
sold and distributed for sale in this state by the B-1 permit	13253
holder or importer.	13254

The report shall be filed by mailing it to the tax	13255
commissioner, together with payment of the tax levied by sections	13256
4301.42 and 4305.01 of the Revised Code shown to be due on the	13257
report after deduction of advance payment credits and any	13258
additional credits or discounts provided for under this section.	13259

(C)(1) Every A-2 ~~and~~, A-4, B-2, B-2a, B-3, B-4, ~~and~~ B-5, and	13260
S permit holder in this state, on or before the eighteenth day of	13261
each month, shall make and file a report with the tax commissioner	13262
upon a form prescribed by the tax commissioner which report shall	13263
show, on the report of each A-2 ~~and~~, A-4, B-2a, and S permit	13264
holder the amount of wine, cider, and mixed beverages produced and	13265
sold, or sold in this state by each such A-2 ~~and~~, A-4, B-2a, and S	13266
permit holder for the next preceding calendar month and such other	13267
information as the tax commissioner requires, and on the report of	13268
each such B-2, B-3, B-4, and B-5 permit holder the amount of wine,	13269
cider, and mixed beverages purchased from an importer, broker,	13270
wholesale dealer, producer, or manufacturer located outside this	13271
state and sold and distributed in this state by such B-2, B-3,	13272
B-4, and B-5 permit holder, for the next preceding calendar month	13273
and such other information as the tax commissioner requires.	13274

(2) Every such A-2, A-4, B-2, B-2a, B-3, B-4, ~~and~~ B-5, and S	13275
permit holder in this state shall remit with the report the tax	13276
levied by sections 4301.43 and, if applicable, 4301.432 of the	13277
Revised Code less a discount thereon of three per cent of the	13278
total tax so levied and paid, provided the return is filed	13279
together with remittance of the amount of tax shown to be due	13280
thereon, within the time prescribed. Any permit holder or other	13281
persons who fail to file a report under this section, for each day	13282
the person so fails, may be required to forfeit and pay into the	13283
state treasury the sum of one dollar as revenue arising from the	13284
tax imposed by sections 4301.42, 4301.43, 4301.432, and 4305.01 of	13285
the Revised Code, and that sum may be collected by assessment in	13286
the manner provided in section 4305.13 of the Revised Code.	13287

(3) If the tax commissioner determines that the quantity	13288
reported by a person does not warrant monthly reporting, the	13289
commissioner may authorize the filing of returns and the payment	13290
of the tax required by this section for periods longer than one	13291
month.	13292

(D) Every B-1 permit holder and importer in this state	13293
importing beer from any manufacturer, bottler, person, or group of	13294
persons however organized, outside the United States, if required	13295
by the tax commissioner shall post a bond payable to the state in	13296
such form and amount as the commissioner prescribes with surety to	13297
the satisfaction of the tax commissioner, conditioned upon the	13298
payment to the tax commissioner of taxes levied by sections	13299
4301.42 and 4305.01 of the Revised Code.	13300

(E) No such wine, beer, cider, or mixed beverages sold or	13301
distributed in this state shall be taxed more than once under	13302
sections 4301.42, 4301.43, and 4305.01 of the Revised Code.	13303

(F) As used in this section:

13304

(1) "Cider" has the same meaning as in section 4301.01 of the	13305
Revised Code.	13306

(2) "Wine" has the same meaning as in section 4301.01 of the	13307
Revised Code, except that "wine" does not include cider.	13308

(G) All money collected by the tax commissioner under this	13309
section shall be paid to the treasurer of state as revenue arising	13310
from the taxes levied by sections 4301.42, 4301.43, 4301.432, and	13311
4305.01 of the Revised Code.	13312

Sec. 4303.333. (A) An A-2 permit holder in this state whose	13313
total production of wine, wherever produced, which but for this	13314
exemption is taxable under section 4301.43 of the Revised Code	13315
does not exceed five hundred thousand gallons in a calendar year,	13316
shall be allowed an exemption from the taxes levied ~~in the~~	13317
~~following calendar year~~ under section 4301.43 of the Revised Code	13318
on wine produced and sold or distributed in this state. The	13319
exemption may be claimed monthly against current taxes levied	13320
under such section as the reports required by section 4303.33 of	13321
the Revised Code are due. At the time the report for December is	13322
due for a calendar year during which a permit holder ~~is eligible~~	13323
~~to receive~~claimed an exemption under this section, if the permit	13324
holder has paid the tax levied under section 4301.43 of the	13325
Revised Code, the permit holder may claim a refund of such tax	13326
paid during the calendar year or shall remit any additional tax	13327
due because it did not qualify for the exemption on the December	13328
report. For the purpose of providing this refund, taxes previously	13329
paid under section 4303.33 of the Revised Code during the calendar	13330
year shall not be considered final until the December report is	13331
filed. ~~The~~	13332

(B) The tax commissioner shall prescribe forms for and allow	13333
the exemptions and refunds authorized by this section.	13334

Sec. 4399.12. No provision contained in Title XLIII of the	13335
Revised Code that prohibits the sale of intoxicating liquors in	13336
any of the circumstances described in section 4399.11 of the	13337
Revised Code extends to or prevents the holder of an A, B, C-2,	13338
D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5e, D-5f, D-5g,	13339
D-5h, D-5i, D-5j, D-5k, D-5l, G, or I permit issued by the	13340
division of liquor control from distributing or selling	13341
intoxicating liquor at the place of business described in the	13342
permit of the holder.	13343

Sec. 4510.10. (A) As used in this section, "reinstatement	13344
fees" means the fees that are required under section 4507.1612,	13345
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other	13346
provision of the Revised Code, or under a schedule established by	13347
the bureau of motor vehicles, in order to reinstate a driver's or	13348
commercial driver's license or permit or nonresident operating	13349
privilege of an offender under a suspension.	13350

(B) Reinstatement fees are those fees that compensate the	13351
bureau of motor vehicles for suspensions, cancellations, or	13352
disqualifications of a person's driving privileges and to	13353
compensate the bureau and other agencies in their administration	13354
of programs intended to reduce and eliminate threats to public	13355
safety through education, treatment, and other activities. The	13356
registrar of motor vehicles shall not reinstate a driver's or	13357
commercial driver's license or permit or nonresident operating	13358
privilege of a person until the person has paid all reinstatement	13359
fees and has complied with all conditions for each suspension,	13360
cancellation, or disqualification incurred by that person.	13361

(C) AnWhen a municipal court or county court determines in a	13362
pending case involving an offender that the offender cannot	13363
reasonably pay reinstatement fees due and owing by the offender	13364
relative to one or more suspensions that have been or will be	13365
imposed by the bureau of motor vehicles or by a court of this	13366
state, the court, by order, may undertake an installment payment	13367
plan or a payment extension plan for the payment of reinstatement	13368
fees due and owing to the bureau in that pending case. The court	13369
shall establish an installment payment plan or a payment	13370
extension plan under this division in accordance with the	13371
requirements of divisions (D)(1) and (2) of this section.	13372

(D) Independent of the provisions of division (C) of this	13373
section, an offender who cannot reasonably pay reinstatement fees	13374
due and owing by the offender relative to a suspension that has	13375
been imposed on the offender may file a petition in the municipal	13376
court, county court, or, if the person is under the age of	13377
eighteen, the juvenile division of the court of common pleas in	13378
whose jurisdiction the person resides or, if the person is not a	13379
resident of this state, in the Franklin county municipal court or	13380
juvenile division of the Franklin county court of common pleas for	13381
an order that does either of the following, in order of	13382
preference:	13383

(1) Establishes a reasonable payment plan of not less than	13384
fifty dollars per month, to be paid by the offender to the bureau	13385
of motor vehicles in all succeeding months until all reinstatement	13386
fees required of the offender are paid in full;	13387

(2) If the offender, but for the payment of the reinstatement	13388
fees, otherwise would be entitled to operate a vehicle in this	13389
state or to obtain reinstatement of the offender's operating	13390
privileges, permits the offender to operate a motor vehicle, as	13391
authorized by the court, until a future date upon which date all	13392
reinstatement fees must be paid in full. A payment extension	13393
granted under this division shall not exceed one hundred eighty	13394
days, and any operating privileges granted under this division	13395
shall be solely for the purpose of permitting the offender	13396
occupational or "family necessity" privileges in order to enable	13397
the offender to reasonably acquire the delinquent reinstatement	13398
fees due and owing.	13399

~~(D)~~(E) If a municipal court, county court, or juvenile	13400
division enters an order of the type described in division (C) or	13401
division (D)(1) or (2) of this section, the court, at any time	13402
after the issuance of the order, may determine that a change of	13403
circumstances has occurred and may amend the order as justice	13404
requires, provided that the amended order also shall be an order	13405
that is permitted under division (C) or division (D)(1) or (2) of	13406
this section.	13407

~~(E)~~(F) If a court enters an order of the type described in	13408
division (C), (D)(1), ~~(C)~~(D)(2), or ~~(D)~~(E) of this section, during	13409
the pendency of the order, the offender in relation to whom it	13410
applies is not subject to prosecution for failing to pay the	13411
reinstatement fees covered by the order.	13412

~~(F)~~(G) Reinstatement fees are debts that may be discharged in	13413
bankruptcy.	13414

Sec. 4511.01. As used in this chapter and in Chapter 4513.	13415
of the Revised Code:	13416

(A) "Vehicle" means every device, including a motorized	13417
bicycle, in, upon, or by which any person or property may be	13418
transported or drawn upon a highway, except that "vehicle" does	13419
not include any motorized wheelchair, any electric personal	13420
assistive mobility device, any device that is moved by power	13421
collected from overhead electric trolley wires or that is used	13422
exclusively upon stationary rails or tracks, or any device, other	13423
than a bicycle, that is moved by human power.	13424

(B) "Motor vehicle" means every vehicle propelled or drawn by	13425
power other than muscular power or power collected from overhead	13426
electric trolley wires, except motorized bicycles, road rollers,	13427
traction engines, power shovels, power cranes, and other equipment	13428
used in construction work and not designed for or employed in	13429
general highway transportation, hole-digging machinery,	13430
well-drilling machinery, ditch-digging machinery, farm machinery,	13431
and trailers designed and used exclusively to transport a boat	13432
between a place of storage and a marina, or in and around a	13433
marina, when drawn or towed on a street or highway for a distance	13434
of no more than ten miles and at a speed of twenty-five miles per	13435
hour or less.	13436

(C) "Motorcycle" means every motor vehicle, other than a	13437
tractor, having a seat or saddle for the use of the operator and	13438
designed to travel on not more than three wheels in contact with	13439
the ground, including, but not limited to, motor vehicles known as	13440
"motor-driven cycle," "motor scooter," or "motorcycle" without	13441
regard to weight or brake horsepower.	13442

(D) "Emergency vehicle" means emergency vehicles of	13443
municipal, township, or county departments or public utility	13444
corporations when identified as such as required by law, the	13445
director of public safety, or local authorities, and motor	13446
vehicles when commandeered by a police officer.	13447

(E) "Public safety vehicle" means any of the following:

13448

(1) Ambulances, including private ambulance companies under	13449
contract to a municipal corporation, township, or county, and	13450
private ambulances and nontransport vehicles bearing license	13451
plates issued under section 4503.49 of the Revised Code;	13452

(2) Motor vehicles used by public law enforcement officers or	13453
other persons sworn to enforce the criminal and traffic laws of	13454
the state;	13455

(3) Any motor vehicle when properly identified as required by	13456
the director of public safety, when used in response to fire	13457
emergency calls or to provide emergency medical service to ill or	13458
injured persons, and when operated by a duly qualified person who	13459
is a member of a volunteer rescue service or a volunteer fire	13460
department, and who is on duty pursuant to the rules or directives	13461
of that service. The state fire marshal shall be designated by the	13462
director of public safety as the certifying agency for all public	13463
safety vehicles described in division (E)(3) of this section.	13464

(4) Vehicles used by fire departments, including motor	13465
vehicles when used by volunteer fire fighters responding to	13466
emergency calls in the fire department service when identified as	13467
required by the director of public safety.	13468

Any vehicle used to transport or provide emergency medical	13469
service to an ill or injured person, when certified as a public	13470
safety vehicle, shall be considered a public safety vehicle when	13471
transporting an ill or injured person to a hospital regardless of	13472
whether such vehicle has already passed a hospital.	13473

(5) Vehicles used by the motor carrier enforcement unit for	13474
the enforcement of orders and rules of the public utilities	13475
commission as specified in section 5503.34 of the Revised Code.	13476

(F) "School bus" means every bus designed for carrying more	13477
than nine passengers that is owned by a public, private, or	13478
governmental agency or institution of learning and operated for	13479
the transportation of children to or from a school session or a	13480
school function, or owned by a private person and operated for	13481
compensation for the transportation of children to or from a	13482
school session or a school function, provided "school bus" does	13483
not include a bus operated by a municipally owned transportation	13484
system, a mass transit company operating exclusively within the	13485
territorial limits of a municipal corporation, or within such	13486
limits and the territorial limits of municipal corporations	13487
immediately contiguous to such municipal corporation, nor a common	13488
passenger carrier certified by the public utilities commission	13489
unless such bus is devoted exclusively to the transportation of	13490
children to and from a school session or a school function, and	13491
"school bus" does not include a van or bus used by a licensed	13492
child day-care center or type A family day-care home to transport	13493
children from the child day-care center or type A family day-care	13494
home to a school if the van or bus does not have more than fifteen	13495
children in the van or bus at any time.	13496

(G) "Bicycle" means every device, other than a tricycle	13497
designed solely for use as a play vehicle by a child, propelled	13498
solely by human power upon which any person may ride having either	13499
two tandem wheels, or one wheel in the front and two wheels in the	13500
rear, any of which is more than fourteen inches in diameter.	13501

(H) "Motorized bicycle" means any vehicle having either two	13502
tandem wheels or one wheel in the front and two wheels in the	13503
rear, that is capable of being pedaled and is equipped with a	13504
helper motor of not more than fifty cubic centimeters piston	13505
displacement that produces no more than one brake horsepower and	13506
is capable of propelling the vehicle at a speed of no greater than	13507
twenty miles per hour on a level surface.	13508

(I) "Commercial tractor" means every motor vehicle having	13509
motive power designed or used for drawing other vehicles and not	13510
so constructed as to carry any load thereon, or designed or used	13511
for drawing other vehicles while carrying a portion of such other	13512
vehicles, or load thereon, or both.	13513

(J) "Agricultural tractor" means every self-propelling	13514
vehicle designed or used for drawing other vehicles or wheeled	13515
machinery but having no provision for carrying loads independently	13516
of such other vehicles, and used principally for agricultural	13517
purposes.	13518

(K) "Truck" means every motor vehicle, except trailers and	13519
semitrailers, designed and used to carry property.	13520

(L) "Bus" means every motor vehicle designed for carrying	13521
more than nine passengers and used for the transportation of	13522
persons other than in a ridesharing arrangement, and every motor	13523
vehicle, automobile for hire, or funeral car, other than a taxicab	13524
or motor vehicle used in a ridesharing arrangement, designed and	13525
used for the transportation of persons for compensation.	13526

(M) "Trailer" means every vehicle designed or used for	13527
carrying persons or property wholly on its own structure and for	13528
being drawn by a motor vehicle, including any such vehicle when	13529
formed by or operated as a combination of a "semitrailer" and a	13530
vehicle of the dolly type, such as that commonly known as a	13531
"trailer dolly," a vehicle used to transport agricultural produce	13532
or agricultural production materials between a local place of	13533
storage or supply and the farm when drawn or towed on a street or	13534
highway at a speed greater than twenty-five miles per hour, and a	13535
vehicle designed and used exclusively to transport a boat between	13536
a place of storage and a marina, or in and around a marina, when	13537
drawn or towed on a street or highway for a distance of more than	13538
ten miles or at a speed of more than twenty-five miles per hour.	13539

(N) "Semitrailer" means every vehicle designed or used for	13540
carrying persons or property with another and separate motor	13541
vehicle so that in operation a part of its own weight or that of	13542
its load, or both, rests upon and is carried by another vehicle.	13543

(O) "Pole trailer" means every trailer or semitrailer	13544
attached to the towing vehicle by means of a reach, pole, or by	13545
being boomed or otherwise secured to the towing vehicle, and	13546
ordinarily used for transporting long or irregular shaped loads	13547
such as poles, pipes, or structural members capable, generally, of	13548
sustaining themselves as beams between the supporting connections.	13549

(P) "Railroad" means a carrier of persons or property	13550
operating upon rails placed principally on a private right-of-way.	13551

(Q) "Railroad train" means a steam engine or an electric or	13552
other motor, with or without cars coupled thereto, operated by a	13553
railroad.	13554

(R) "Streetcar" means a car, other than a railroad train, for	13555
transporting persons or property, operated upon rails principally	13556
within a street or highway.	13557

(S) "Trackless trolley" means every car that collects its	13558
power from overhead electric trolley wires and that is not	13559
operated upon rails or tracks.	13560

(T) "Explosives" means any chemical compound or mechanical	13561
mixture that is intended for the purpose of producing an explosion	13562
that contains any oxidizing and combustible units or other	13563
ingredients in such proportions, quantities, or packing that an	13564
ignition by fire, by friction, by concussion, by percussion, or by	13565
a detonator of any part of the compound or mixture may cause such	13566
a sudden generation of highly heated gases that the resultant	13567
gaseous pressures are capable of producing destructive effects on	13568
contiguous objects, or of destroying life or limb. Manufactured	13569
articles shall not be held to be explosives when the individual	13570
units contain explosives in such limited quantities, of such	13571
nature, or in such packing, that it is impossible to procure a	13572
simultaneous or a destructive explosion of such units, to the	13573
injury of life, limb, or property by fire, by friction, by	13574
concussion, by percussion, or by a detonator, such as fixed	13575
ammunition for small arms, firecrackers, or safety fuse matches.	13576

(U) "Flammable liquid" means any liquid that has a flash	13577
point of seventy degrees fahrenheit, or less, as determined by a	13578
tagliabue or equivalent closed cup test device.	13579

(V) "Gross weight" means the weight of a vehicle plus the	13580
weight of any load thereon.	13581

(W) "Person" means every natural person, firm,	13582
co-partnership, association, or corporation.	13583

(X) "Pedestrian" means any natural person afoot.

13584

(Y) "Driver or operator" means every person who drives or is	13585
in actual physical control of a vehicle, trackless trolley, or	13586
streetcar.	13587

(Z) "Police officer" means every officer authorized to direct	13588
or regulate traffic, or to make arrests for violations of traffic	13589
regulations.	13590

(AA) "Local authorities" means every county, municipal, and	13591
other local board or body having authority to adopt police	13592
regulations under the constitution and laws of this state.	13593

(BB) "Street" or "highway" means the entire width between the	13594
boundary lines of every way open to the use of the public as a	13595
thoroughfare for purposes of vehicular travel.	13596

(CC) "Controlled-access highway" means every street or	13597
highway in respect to which owners or occupants of abutting lands	13598
and other persons have no legal right of access to or from the	13599
same except at such points only and in such manner as may be	13600
determined by the public authority having jurisdiction over such	13601
street or highway.	13602

(DD) "Private road or driveway" means every way or place in	13603
private ownership used for vehicular travel by the owner and those	13604
having express or implied permission from the owner but not by	13605
other persons.	13606

(EE) "Roadway" means that portion of a highway improved,	13607
designed, or ordinarily used for vehicular travel, except the berm	13608
or shoulder. If a highway includes two or more separate roadways	13609
the term "roadway" means any such roadway separately but not all	13610
such roadways collectively.	13611

(FF) "Sidewalk" means that portion of a street between the	13612
curb lines, or the lateral lines of a roadway, and the adjacent	13613
property lines, intended for the use of pedestrians.	13614

(GG) "Laned highway" means a highway the roadway of which is	13615
divided into two or more clearly marked lanes for vehicular	13616
traffic.	13617

(HH) "Through highway" means every street or highway as	13618
provided in section 4511.65 of the Revised Code.	13619

(II) "State highway" means a highway under the jurisdiction	13620
of the department of transportation, outside the limits of	13621
municipal corporations, provided that the authority conferred upon	13622
the director of transportation in section 5511.01 of the Revised	13623
Code to erect state highway route markers and signs directing	13624
traffic shall not be modified by sections 4511.01 to 4511.79 and	13625
4511.99 of the Revised Code.	13626

(JJ) "State route" means every highway that is designated	13627
with an official state route number and so marked.	13628

(KK) "Intersection" means:

13629

(1) The area embraced within the prolongation or connection	13630
of the lateral curb lines, or, if none, then the lateral boundary	13631
lines of the roadways of two highways which join one another at,	13632
or approximately at, right angles, or the area within which	13633
vehicles traveling upon different highways joining at any other	13634
angle may come in conflict.	13635

(2) Where a highway includes two roadways thirty feet or more	13636
apart, then every crossing of each roadway of such divided highway	13637
by an intersecting highway shall be regarded as a separate	13638
intersection. If an intersecting highway also includes two	13639
roadways thirty feet or more apart, then every crossing of two	13640
roadways of such highways shall be regarded as a separate	13641
intersection.	13642

(3) The junction of an alley with a street or highway, or	13643
with another alley, shall not constitute an intersection.	13644

(LL) "Crosswalk" means:

13645

(1) That part of a roadway at intersections ordinarily	13646
included within the real or projected prolongation of property	13647
lines and curb lines or, in the absence of curbs, the edges of the	13648
traversable roadway;	13649

(2) Any portion of a roadway at an intersection or elsewhere,	13650
distinctly indicated for pedestrian crossing by lines or other	13651
markings on the surface;	13652

(3) Notwithstanding divisions (LL)(1) and (2) of this	13653
section, there shall not be a crosswalk where local authorities	13654
have placed signs indicating no crossing.	13655

(MM) "Safety zone" means the area or space officially set	13656
apart within a roadway for the exclusive use of pedestrians and	13657
protected or marked or indicated by adequate signs as to be	13658
plainly visible at all times.	13659

(NN) "Business district" means the territory fronting upon a	13660
street or highway, including the street or highway, between	13661
successive intersections within municipal corporations where fifty	13662
per cent or more of the frontage between such successive	13663
intersections is occupied by buildings in use for business, or	13664
within or outside municipal corporations where fifty per cent or	13665
more of the frontage for a distance of three hundred feet or more	13666
is occupied by buildings in use for business, and the character of	13667
such territory is indicated by official traffic control devices.	13668

(OO) "Residence district" means the territory, not comprising	13669
a business district, fronting on a street or highway, including	13670
the street or highway, where, for a distance of three hundred feet	13671
or more, the frontage is improved with residences or residences	13672
and buildings in use for business.	13673

(PP) "Urban district" means the territory contiguous to and	13674
including any street or highway which is built up with structures	13675
devoted to business, industry, or dwelling houses situated at	13676
intervals of less than one hundred feet for a distance of a	13677
quarter of a mile or more, and the character of such territory is	13678
indicated by official traffic control devices.	13679

(QQ) "Traffic control devices" means all flaggers, signs,	13680
signals, markings, and devices placed or erected by authority of a	13681
public body or official having jurisdiction, for the purpose of	13682
regulating, warning, or guiding traffic, including signs denoting	13683
names of streets and highways.	13684

(RR) "Traffic control signal" means any device, whether	13685
manually, electrically, or mechanically operated, by which traffic	13686
is alternately directed to stop, to proceed, to change direction,	13687
or not to change direction.	13688

(SS) "Railroad sign or signal" means any sign, signal, or	13689
device erected by authority of a public body or official or by a	13690
railroad and intended to give notice of the presence of railroad	13691
tracks or the approach of a railroad train.	13692

(TT) "Traffic" means pedestrians, ridden or herded animals,	13693
vehicles, streetcars, trackless trolleys, and other devices,	13694
either singly or together, while using any highway for purposes of	13695
travel.	13696

(UU) "Right-of-way" means either of the following, as the	13697
context requires:	13698

(1) The right of a vehicle, streetcar, trackless trolley, or	13699
pedestrian to proceed uninterruptedly in a lawful manner in the	13700
direction in which it or the individual is moving in preference to	13701
another vehicle, streetcar, trackless trolley, or pedestrian	13702
approaching from a different direction into its or the	13703
individual's path;	13704

(2) A general term denoting land, property, or the interest	13705
therein, usually in the configuration of a strip, acquired for or	13706
devoted to transportation purposes. When used in this context,	13707
right-of-way includes the roadway, shoulders or berm, ditch, and	13708
slopes extending to the right-of-way limits under the control of	13709
the state or local authority.	13710

(VV) "Rural mail delivery vehicle" means every vehicle used	13711
to deliver United States mail on a rural mail delivery route.	13712

(WW) "Funeral escort vehicle" means any motor vehicle,	13713
including a funeral hearse, while used to facilitate the movement	13714
of a funeral procession.	13715

(XX) "Alley" means a street or highway intended to provide	13716
access to the rear or side of lots or buildings in urban districts	13717
and not intended for the purpose of through vehicular traffic, and	13718
includes any street or highway that has been declared an "alley"	13719
by the legislative authority of the municipal corporation in which	13720
such street or highway is located.	13721

(YY) "Freeway" means a divided multi-lane highway for through	13722
traffic with all crossroads separated in grade and with full	13723
control of access.	13724

(ZZ) "Expressway" means a divided arterial highway for	13725
through traffic with full or partial control of access with an	13726
excess of fifty per cent of all crossroads separated in grade.	13727

(AAA) "Thruway" means a through highway whose entire roadway	13728
is reserved for through traffic and on which roadway parking is	13729
prohibited.	13730

(BBB) "Stop intersection" means any intersection at one or	13731
more entrances of which stop signs are erected.	13732

(CCC) "Arterial street" means any United States or state	13733
numbered route, controlled access highway, or other major radial	13734
or circumferential street or highway designated by local	13735
authorities within their respective jurisdictions as part of a	13736
major arterial system of streets or highways.	13737

(DDD) "Ridesharing arrangement" means the transportation of	13738
persons in a motor vehicle where such transportation is incidental	13739
to another purpose of a volunteer driver and includes ridesharing	13740
arrangements known as carpools, vanpools, and buspools.	13741

(EEE) "Motorized wheelchair" means any self-propelled vehicle	13742
designed for, and used by, a handicapped person and that is	13743
incapable of a speed in excess of eight miles per hour.	13744

(FFF) "Child day-care center" and "type A family day-care	13745
home" have the same meanings as in section 5104.01 of the Revised	13746
Code.	13747

(GGG) "Multi-wheel agricultural tractor" means a type of	13748
agricultural tractor that has two or more wheels or tires on each	13749
side of one axle at the rear of the tractor, is designed or used	13750
for drawing other vehicles or wheeled machinery, has no provision	13751
for carrying loads independently of the drawn vehicles or	13752
machinery, and is used principally for agricultural purposes.	13753

(HHH) "Operate" means to cause or have caused movement of a	13754
vehicle, streetcar, or trackless trolley.	13755

(III) "Predicate motor vehicle or traffic offense" means any	13756
of the following:	13757

(1) A violation of section 4511.03, 4511.051, 4511.12,	13758
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	13759
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	13760
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	13761
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	13762
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	13763
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	13764
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	13765
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	13766
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	13767
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	13768

(2) A violation of division (A)(2) of section 4511.17,	13769
divisions (A) to (D) of section 4511.51, or division (A) of	13770
section 4511.74 of the Revised Code;	13771

(3) A violation of any provision of sections 4511.01 to	13772
4511.76 of the Revised Code for which no penalty otherwise is	13773
provided in the section that contains the provision violated;	13774

(4) A violation of a municipal ordinance that is	13775
substantially similar to any section or provision set forth or	13776
described in division (III)(1), (2), or (3) of this section.	13777

Sec. 4511.181. As used in sections 4511.181 to 4511.197 of	13778
the Revised Code:	13779

(A) "Equivalent offense" means any of the following:

13780

(1) A violation of division (A) or (B) of section 4511.19 of	13781
the Revised Code;	13782

(2) A violation of a municipal OVI ordinance;

13783

(3) A violation of section 2903.04 of the Revised Code in a	13784
case in which the offender was subject to the sanctions described	13785
in division (D) of that section;	13786

(4) A violation of division (A)(1) of section 2903.06 or	13787
2903.08 of the Revised Code or a municipal ordinance that is	13788
substantially equivalent to either of those divisions;	13789

(5) A violation of division (A)(2), (3), or (4) of section	13790
2903.06, division (A)(2) of section 2903.08, or former section	13791
2903.07 of the Revised Code, or a municipal ordinance that is	13792
substantially equivalent to any of those divisions or that former	13793
section, in a case in which a judge or jury as the trier of fact	13794
found that the offender was under the influence of alcohol, a drug	13795
of abuse, or a combination of them;	13796

(6) A violation of an existing or former municipal ordinance,	13797
law of another state, or law of the United States that is	13798
substantially equivalent to division (A) or (B) of section 4511.19	13799
of the Revised Code;	13800

(7) A violation of a former law of this state that was	13801
substantially equivalent to division (A) or (B) of section 4511.19	13802
of the Revised Code.	13803

(B) "Mandatory jail term" means the mandatory term in jail of	13804
three, six, ten, twenty, thirty, or sixty days that must be	13805
imposed under division (G)(1)(a), (b), or (c) of section 4511.19	13806
of the Revised Code upon an offender convicted of a violation of	13807
division (A) of that section and in relation to which all of the	13808
following apply:	13809

(1) Except as specifically authorized under section 4511.19	13810
of the Revised Code, the term must be served in a jail.	13811

(2) Except as specifically authorized under section 4511.19	13812
of the Revised Code, the term cannot be suspended, reduced, or	13813
otherwise modified pursuant to sections 2929.21 to 2929.28 or any	13814
other provision of the Revised Code.	13815

(C) "Municipal OVI ordinance" and "municipal OVI offense"	13816
mean any municipal ordinance prohibiting a person from operating a	13817
vehicle while under the influence of alcohol, a drug of abuse, or	13818
a combination of them or prohibiting a person from operating a	13819
vehicle with a prohibited concentration of alcohol, a controlled	13820
substance, or a metabolite of a controlled substance in the whole	13821
blood, blood serum or plasma, breath, or urine.	13822

(D) "Community residential sanction," "continuous alcohol	13823
monitoring," "jail," "mandatory prison term," "mandatory term of	13824
local incarceration," "sanction," and "prison term" have the same	13825
meanings as in section 2929.01 of the Revised Code.	13826

(E) "Drug of abuse" has the same meaning as in section	13827
4506.01 of the Revised Code.	13828

Sec. 4511.191. (A)(1) As used in this section:

13829

(a) "Physical control" has the same meaning as in section	13830
4511.194 of the Revised Code.	13831

(b) "Alcohol monitoring device" means any device that	13832
provides for continuous alcohol monitoring, any ignition interlock	13833
device, any immobilizing or disabling device other than an	13834
ignition interlock device that is constantly available to monitor	13835
the concentration of alcohol in a person's system, or any other	13836
device that provides for the automatic testing and periodic	13837
reporting of alcohol consumption by a person and that a court	13838
orders a person to use as a sanction imposed as a result of the	13839
person's conviction of or plea of guilty to an offense.	13840

(2) Any person who operates a vehicle, streetcar, or	13841
trackless trolley upon a highway or any public or private property	13842
used by the public for vehicular travel or parking within this	13843
state or who is in physical control of a vehicle, streetcar, or	13844
trackless trolley shall be deemed to have given consent to a	13845
chemical test or tests of the person's whole blood, blood serum or	13846
plasma, breath, or urine to determine the alcohol, drug of abuse,	13847
controlled substance, metabolite of a controlled substance, or	13848
combination content of the person's whole blood, blood serum or	13849
plasma, breath, or urine if arrested for a violation of division	13850
(A) or (B) of section 4511.19 of the Revised Code, section	13851
4511.194 of the Revised Code or a substantially equivalent	13852
municipal ordinance, or a municipal OVI ordinance.	13853

(3) The chemical test or tests under division (A)(2) of this	13854
section shall be administered at the request of a law enforcement	13855
officer having reasonable grounds to believe the person was	13856
operating or in physical control of a vehicle, streetcar, or	13857
trackless trolley in violation of a division, section, or	13858
ordinance identified in division (A)(2) of this section. The law	13859
enforcement agency by which the officer is employed shall	13860
designate which of the tests shall be administered.	13861

(4) Any person who is dead or unconscious, or who otherwise	13862
is in a condition rendering the person incapable of refusal, shall	13863
be deemed to have consented as provided in division (A)(2) of this	13864
section, and the test or tests may be administered, subject to	13865
sections 313.12 to 313.16 of the Revised Code.	13866

(B)(1) Upon receipt of the sworn report of a law enforcement	13867
officer who arrested a person for a violation of division (A) or	13868
(B) of section 4511.19 of the Revised Code, section 4511.194 of	13869
the Revised Code or a substantially equivalent municipal	13870
ordinance, or a municipal OVI ordinance that was completed and	13871
sent to the registrar and a court pursuant to section 4511.192 of	13872
the Revised Code in regard to a person who refused to take the	13873
designated chemical test, the registrar shall enter into the	13874
registrar's records the fact that the person's driver's or	13875
commercial driver's license or permit or nonresident operating	13876
privilege was suspended by the arresting officer under this	13877
division and that section and the period of the suspension, as	13878
determined under this section. The suspension shall be subject to	13879
appeal as provided in section 4511.197 of the Revised Code. The	13880
suspension shall be for whichever of the following periods	13881
applies:	13882

(a) Except when division (B)(1)(b), (c), or (d) of this	13883
section applies and specifies a different class or length of	13884
suspension, the suspension shall be a class C suspension for the	13885
period of time specified in division (B)(3) of section 4510.02 of	13886
the Revised Code.	13887

(b) If the arrested person, within six years of the date on	13888
which the person refused the request to consent to the chemical	13889
test, had refused one previous request to consent to a chemical	13890
test, the suspension shall be a class B suspension imposed for the	13891
period of time specified in division (B)(2) of section 4510.02 of	13892
the Revised Code.	13893

(c) If the arrested person, within six years of the date on	13894
which the person refused the request to consent to the chemical	13895
test, had refused two previous requests to consent to a chemical	13896
test, the suspension shall be a class A suspension imposed for the	13897
period of time specified in division (B)(1) of section 4510.02 of	13898
the Revised Code.	13899

(d) If the arrested person, within six years of the date on	13900
which the person refused the request to consent to the chemical	13901
test, had refused three or more previous requests to consent to a	13902
chemical test, the suspension shall be for five years.	13903

(2) The registrar shall terminate a suspension of the	13904
driver's or commercial driver's license or permit of a resident or	13905
of the operating privilege of a nonresident, or a denial of a	13906
driver's or commercial driver's license or permit, imposed	13907
pursuant to division (B)(1) of this section upon receipt of notice	13908
that the person has entered a plea of guilty to, or that the	13909
person has been convicted after entering a plea of no contest to,	13910
operating a vehicle in violation of section 4511.19 of the Revised	13911
Code or in violation of a municipal OVI ordinance, if the offense	13912
for which the conviction is had or the plea is entered arose from	13913
the same incident that led to the suspension or denial.	13914

The registrar shall credit against any judicial suspension of	13915
a person's driver's or commercial driver's license or permit or	13916
nonresident operating privilege imposed pursuant to section	13917
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	13918
Revised Code for a violation of a municipal OVI ordinance, any	13919
time during which the person serves a related suspension imposed	13920
pursuant to division (B)(1) of this section.	13921

(C)(1) Upon receipt of the sworn report of the law	13922
enforcement officer who arrested a person for a violation of	13923
division (A) or (B) of section 4511.19 of the Revised Code or a	13924
municipal OVI ordinance that was completed and sent to the	13925
registrar and a court pursuant to section 4511.192 of the Revised	13926
Code in regard to a person whose test results indicate that the	13927
person's whole blood, blood serum or plasma, breath, or urine	13928
contained at least the concentration of alcohol specified in	13929
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	13930
Revised Code or at least the concentration of a listed controlled	13931
substance or a listed metabolite of a controlled substance	13932
specified in division (A)(1)(j) of section 4511.19 of the Revised	13933
Code, the registrar shall enter into the registrar's records the	13934
fact that the person's driver's or commercial driver's license or	13935
permit or nonresident operating privilege was suspended by the	13936
arresting officer under this division and section 4511.192 of the	13937
Revised Code and the period of the suspension, as determined under	13938
divisions (F)(1) to (4) of this section. The suspension shall be	13939
subject to appeal as provided in section 4511.197 of the Revised	13940
Code. The suspension described in this division does not apply to,	13941
and shall not be imposed upon, a person arrested for a violation	13942
of section 4511.194 of the Revised Code or a substantially	13943
equivalent municipal ordinance who submits to a designated	13944
chemical test. The suspension shall be for whichever of the	13945
following periods applies:	13946

(a) Except when division (C)(1)(b), (c), or (d) of this	13947
section applies and specifies a different period, the suspension	13948
shall be a class E suspension imposed for the period of time	13949
specified in division (B)(5) of section 4510.02 of the Revised	13950
Code.	13951

(b) The suspension shall be a class C suspension for the	13952
period of time specified in division (B)(3) of section 4510.02 of	13953
the Revised Code if the person has been convicted of or pleaded	13954
guilty to, within six years of the date the test was conducted,	13955
one violation of division (A) or (B) of section 4511.19 of the	13956
Revised Code or one other equivalent offense.	13957

(c) If, within six years of the date the test was conducted,	13958
the person has been convicted of or pleaded guilty to two	13959
violations of a statute or ordinance described in division	13960
(C)(1)(b) of this section, the suspension shall be a class B	13961
suspension imposed for the period of time specified in division	13962
(B)(2) of section 4510.02 of the Revised Code.	13963

(d) If, within six years of the date the test was conducted,	13964
the person has been convicted of or pleaded guilty to more than	13965
two violations of a statute or ordinance described in division	13966
(C)(1)(b) of this section, the suspension shall be a class A	13967
suspension imposed for the period of time specified in division	13968
(B)(1) of section 4510.02 of the Revised Code.	13969

(2) The registrar shall terminate a suspension of the	13970
driver's or commercial driver's license or permit of a resident or	13971
of the operating privilege of a nonresident, or a denial of a	13972
driver's or commercial driver's license or permit, imposed	13973
pursuant to division (C)(1) of this section upon receipt of notice	13974
that the person has entered a plea of guilty to, or that the	13975
person has been convicted after entering a plea of no contest to,	13976
operating a vehicle in violation of section 4511.19 of the Revised	13977
Code or in violation of a municipal OVI ordinance, if the offense	13978
for which the conviction is had or the plea is entered arose from	13979
the same incident that led to the suspension or denial.	13980

The registrar shall credit against any judicial suspension of	13981
a person's driver's or commercial driver's license or permit or	13982
nonresident operating privilege imposed pursuant to section	13983
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	13984
Revised Code for a violation of a municipal OVI ordinance, any	13985
time during which the person serves a related suspension imposed	13986
pursuant to division (C)(1) of this section.	13987

(D)(1) A suspension of a person's driver's or commercial	13988
driver's license or permit or nonresident operating privilege	13989
under this section for the time described in division (B) or (C)	13990
of this section is effective immediately from the time at which	13991
the arresting officer serves the notice of suspension upon the	13992
arrested person. Any subsequent finding that the person is not	13993
guilty of the charge that resulted in the person being requested	13994
to take the chemical test or tests under division (A) of this	13995
section does not affect the suspension.	13996

(2) If a person is arrested for operating a vehicle,	13997
streetcar, or trackless trolley in violation of division (A) or	13998
(B) of section 4511.19 of the Revised Code or a municipal OVI	13999
ordinance, or for being in physical control of a vehicle,	14000
streetcar, or trackless trolley in violation of section 4511.194	14001
of the Revised Code or a substantially equivalent municipal	14002
ordinance, regardless of whether the person's driver's or	14003
commercial driver's license or permit or nonresident operating	14004
privilege is or is not suspended under division (B) or (C) of this	14005
section or Chapter 4510. of the Revised Code, the person's initial	14006
appearance on the charge resulting from the arrest shall be held	14007
within five days of the person's arrest or the issuance of the	14008
citation to the person, subject to any continuance granted by the	14009
court pursuant to section 4511.197 of the Revised Code regarding	14010
the issues specified in that division.	14011

(E) When it finally has been determined under the procedures	14012
of this section and sections 4511.192 to 4511.197 of the Revised	14013
Code that a nonresident's privilege to operate a vehicle within	14014
this state has been suspended, the registrar shall give	14015
information in writing of the action taken to the motor vehicle	14016
administrator of the state of the person's residence and of any	14017
state in which the person has a license.	14018

(F) At the end of a suspension period under this section,	14019
under section 4511.194, section 4511.196, or division (G) of	14020
section 4511.19 of the Revised Code, or under section 4510.07 of	14021
the Revised Code for a violation of a municipal OVI ordinance and	14022
upon the request of the person whose driver's or commercial	14023
driver's license or permit was suspended and who is not otherwise	14024
subject to suspension, cancellation, or disqualification, the	14025
registrar shall return the driver's or commercial driver's license	14026
or permit to the person upon the occurrence of all of the	14027
conditions specified in divisions (F)(1) and (2) of this section:	14028

(1) A showing that the person has proof of financial	14029
responsibility, a policy of liability insurance in effect that	14030
meets the minimum standards set forth in section 4509.51 of the	14031
Revised Code, or proof, to the satisfaction of the registrar, that	14032
the person is able to respond in damages in an amount at least	14033
equal to the minimum amounts specified in section 4509.51 of the	14034
Revised Code.	14035

(2) Subject to the limitation contained in division (F)(3) of	14036
this section, payment by the person to the bureau of motor	14037
vehicles of a license reinstatement fee of four hundred	14038
twenty-five dollars, which fee shall be deposited in the state	14039
treasury and credited as follows:	14040

(a) One hundred twelve dollars and fifty cents shall be	14041
credited to the statewide treatment and prevention fund created by	14042
section 4301.30 of the Revised Code. The fund shall be used to	14043
pay the costs of driver treatment and intervention programs	14044
operated pursuant to sections 3793.02 and 3793.10 of the Revised	14045
Code. The director of alcohol and drug addiction services shall	14046
determine the share of the fund that is to be allocated to alcohol	14047
and drug addiction programs authorized by section 3793.02 of the	14048
Revised Code, and the share of the fund that is to be allocated to	14049
drivers' intervention programs authorized by section 3793.10 of	14050
the Revised Code.	14051

(b) Seventy-five dollars shall be credited to the reparations	14052
fund created by section 2743.191 of the Revised Code.	14053

(c) Thirty-seven dollars and fifty cents shall be credited to	14054
the indigent drivers alcohol treatment fund, which is hereby	14055
established. Except as otherwise provided in division (F)(2)(c) of	14056
this section, moneys in the fund shall be distributed by the	14057
department of alcohol and drug addiction services to the county	14058
indigent drivers alcohol treatment funds, the county juvenile	14059
indigent drivers alcohol treatment funds, and the municipal	14060
indigent drivers alcohol treatment funds that are required to be	14061
established by counties and municipal corporations pursuant to	14062
this section, and shall be used only to pay the cost of an alcohol	14063
and drug addiction treatment program attended by an offender or	14064
juvenile traffic offender who is ordered to attend an alcohol and	14065
drug addiction treatment program by a county, juvenile, or	14066
municipal court judge and who is determined by the county,	14067
juvenile, or municipal court judge not to have the means to pay	14068
for the person's attendance at the program or to pay the costs	14069
specified in division (H)(4) of this section in accordance with	14070
that division. In addition, a county, juvenile, or municipal court	14071
judge may use moneys in the county indigent drivers alcohol	14072
treatment fund, county juvenile indigent drivers alcohol treatment	14073
fund, or municipal indigent drivers alcohol treatment fund to pay	14074
for the cost of the continued use of an ~~electronic continuous~~	14075
alcohol monitoring device as described in divisions (H)(3) and (4)	14076
of this section. Moneys in the fund that are not distributed to a	14077
county indigent drivers alcohol treatment fund, a county juvenile	14078
indigent drivers alcohol treatment fund, or a municipal indigent	14079
drivers alcohol treatment fund under division (H) of this section	14080
because the director of alcohol and drug addiction services does	14081
not have the information necessary to identify the county or	14082
municipal corporation where the offender or juvenile offender was	14083
arrested may be transferred by the director of budget and	14084
management to the statewide treatment and prevention fund created	14085
by section 4301.30 of the Revised Code, upon certification of the	14086
amount by the director of alcohol and drug addiction services.	14087

(d) Seventy-five dollars shall be credited to the Ohio	14088
rehabilitation services commission established by section 3304.12	14089
of the Revised Code, to the services for rehabilitation fund,	14090
which is hereby established. The fund shall be used to match	14091
available federal matching funds where appropriate, and for any	14092
other purpose or program of the commission to rehabilitate people	14093
with disabilities to help them become employed and independent.	14094

(e) Seventy-five dollars shall be deposited into the state	14095
treasury and credited to the drug abuse resistance education	14096
programs fund, which is hereby established, to be used by the	14097
attorney general for the purposes specified in division (F)(4) of	14098
this section.	14099

(f) Thirty dollars shall be credited to the state bureau of	14100
motor vehicles fund created by section 4501.25 of the Revised	14101
Code.	14102

(g) Twenty dollars shall be credited to the trauma and	14103
emergency medical services grants fund created by section 4513.263	14104
of the Revised Code.	14105

(3) If a person's driver's or commercial driver's license or	14106
permit is suspended under this section, under section 4511.196 or	14107
division (G) of section 4511.19 of the Revised Code, under section	14108
4510.07 of the Revised Code for a violation of a municipal OVI	14109
ordinance or under any combination of the suspensions described in	14110
division (F)(3) of this section, and if the suspensions arise from	14111
a single incident or a single set of facts and circumstances, the	14112
person is liable for payment of, and shall be required to pay to	14113
the bureau, only one reinstatement fee of four hundred twenty-five	14114
dollars. The reinstatement fee shall be distributed by the bureau	14115
in accordance with division (F)(2) of this section.	14116

(4) The attorney general shall use amounts in the drug abuse	14117
resistance education programs fund to award grants to law	14118
enforcement agencies to establish and implement drug abuse	14119
resistance education programs in public schools. Grants awarded to	14120
a law enforcement agency under this section shall be used by the	14121
agency to pay for not more than fifty per cent of the amount of	14122
the salaries of law enforcement officers who conduct drug abuse	14123
resistance education programs in public schools. The attorney	14124
general shall not use more than six per cent of the amounts the	14125
attorney general's office receives under division (F)(2)(e) of	14126
this section to pay the costs it incurs in administering the grant	14127
program established by division (F)(2)(e) of this section and in	14128
providing training and materials relating to drug abuse resistance	14129
education programs.	14130

The attorney general shall report to the governor and the	14131
general assembly each fiscal year on the progress made in	14132
establishing and implementing drug abuse resistance education	14133
programs. These reports shall include an evaluation of the	14134
effectiveness of these programs.	14135

(G) Suspension of a commercial driver's license under	14136
division (B) or (C) of this section shall be concurrent with any	14137
period of disqualification under section 3123.611 or 4506.16 of	14138
the Revised Code or any period of suspension under section 3123.58	14139
of the Revised Code. No person who is disqualified for life from	14140
holding a commercial driver's license under section 4506.16 of the	14141
Revised Code shall be issued a driver's license under Chapter	14142
4507. of the Revised Code during the period for which the	14143
commercial driver's license was suspended under division (B) or	14144
(C) of this section. No person whose commercial driver's license	14145
is suspended under division (B) or (C) of this section shall be	14146
issued a driver's license under Chapter 4507. of the Revised Code	14147
during the period of the suspension.	14148

(H)(1) Each county shall establish an indigent drivers	14149
alcohol treatment fund, each county shall establish a juvenile	14150
indigent drivers alcohol treatment fund, and each municipal	14151
corporation in which there is a municipal court shall establish an	14152
indigent drivers alcohol treatment fund. All revenue that the	14153
general assembly appropriates to the indigent drivers alcohol	14154
treatment fund for transfer to a county indigent drivers alcohol	14155
treatment fund, a county juvenile indigent drivers alcohol	14156
treatment fund, or a municipal indigent drivers alcohol treatment	14157
fund, all portions of fees that are paid under division (F) of	14158
this section and that are credited under that division to the	14159
indigent drivers alcohol treatment fund in the state treasury for	14160
a county indigent drivers alcohol treatment fund, a county	14161
juvenile indigent drivers alcohol treatment fund, or a municipal	14162
indigent drivers alcohol treatment fund, all portions of	14163
additional costs imposed under section 2949.094 of the Revised	14164
Code that are specified for deposit into a county, county	14165
juvenile, or municipal indigent drivers alcohol treatment fund by	14166
that section, and all portions of fines that are specified for	14167
deposit into a county or municipal indigent drivers alcohol	14168
treatment fund by section 4511.193 of the Revised Code shall be	14169
deposited into that county indigent drivers alcohol treatment	14170
fund, county juvenile indigent drivers alcohol treatment fund, or	14171
municipal indigent drivers alcohol treatment fund in accordance	14172
with division (H)(2) of this section. Additionally, all portions	14173
of fines that are paid for a violation of section 4511.19 of the	14174
Revised Code or of any prohibition contained in Chapter 4510. of	14175
the Revised Code, and that are required under section 4511.19 or	14176
any provision of Chapter 4510. of the Revised Code to be deposited	14177
into a county indigent drivers alcohol treatment fund or municipal	14178
indigent drivers alcohol treatment fund shall be deposited into	14179
the appropriate fund in accordance with the applicable division.	14180

(2) That portion of the license reinstatement fee that is	14181
paid under division (F) of this section and that is credited under	14182
that division to the indigent drivers alcohol treatment fund and	14183
that portion of the additional court cost that is imposed under	14184
section 2949.094 of the Revised Code and that is specified by that	14185
section for deposit into the indigent drivers alcohol treatment	14186
fund shall be deposited into a county indigent drivers alcohol	14187
treatment fund, a county juvenile indigent drivers alcohol	14188
treatment fund, or a municipal indigent drivers alcohol treatment	14189
fund as follows:	14190

(a) ~~If the~~Regarding a suspension ~~in question was~~ imposed	14191
under this section or additional court costs, that portion of the	14192
fee shall be deposited as follows:	14193

(i) If the fee or court cost is paid by a person who was	14194
charged in a county court with the violation that resulted in the	14195
suspension or in the imposition of the court costs, the portion	14196
shall be deposited into the county indigent drivers alcohol	14197
treatment fund under the control of that court;	14198

(ii) If the fee or court cost is paid by a person who was	14199
charged in a juvenile court with the violation that resulted in	14200
the suspension or in the imposition of the court costs, the	14201
portion shall be deposited into the county juvenile indigent	14202
drivers alcohol treatment fund established in the county served by	14203
the court;	14204

(iii) If the fee or court cost is paid by a person who was	14205
charged in a municipal court with the violation that resulted in	14206
the suspension or in the imposition of the court costs, the	14207
portion shall be deposited into the municipal indigent drivers	14208
alcohol treatment fund under the control of that court.	14209

(b) ~~If the~~Regarding a suspension ~~in question was~~ imposed	14210
under section 4511.19 of the Revised Code or under section 4510.07	14211
of the Revised Code for a violation of a municipal OVI ordinance,	14212
that portion of the fee shall be deposited as follows:	14213

(i) If the fee is paid by a person whose license or permit	14214
was suspended by a county court, the portion shall be deposited	14215
into the county indigent drivers alcohol treatment fund under the	14216
control of that court;	14217

(ii) If the fee is paid by a person whose license or permit	14218
was suspended by a municipal court, the portion shall be deposited	14219
into the municipal indigent drivers alcohol treatment fund under	14220
the control of that court.	14221

(3) Expenditures from a county indigent drivers alcohol	14222
treatment fund, a county juvenile indigent drivers alcohol	14223
treatment fund, or a municipal indigent drivers alcohol treatment	14224
fund shall be made only upon the order of a county, juvenile, or	14225
municipal court judge and only for payment of the cost of the	14226
attendance at an alcohol and drug addiction treatment program of a	14227
person who is convicted of, or found to be a juvenile traffic	14228
offender by reason of, a violation of division (A) of section	14229
4511.19 of the Revised Code or a substantially similar municipal	14230
ordinance, who is ordered by the court to attend the alcohol and	14231
drug addiction treatment program, and who is determined by the	14232
court to be unable to pay the cost of attendance at the treatment	14233
program or for payment of the costs specified in division (H)(4)	14234
of this section in accordance with that division. The alcohol and	14235
drug addiction services board or the board of alcohol, drug	14236
addiction, and mental health services established pursuant to	14237
section 340.02 or 340.021 of the Revised Code and serving the	14238
alcohol, drug addiction, and mental health service district in	14239
which the court is located shall administer the indigent drivers	14240
alcohol treatment program of the court. When a court orders an	14241
offender or juvenile traffic offender to attend an alcohol and	14242
drug addiction treatment program, the board shall determine which	14243
program is suitable to meet the needs of the offender or juvenile	14244
traffic offender, and when a suitable program is located and space	14245
is available at the program, the offender or juvenile traffic	14246
offender shall attend the program designated by the board. A	14247
reasonable amount not to exceed five per cent of the amounts	14248
credited to and deposited into the county indigent drivers alcohol	14249
treatment fund, the county juvenile indigent drivers alcohol	14250
treatment fund, or the municipal indigent drivers alcohol	14251
treatment fund serving every court whose program is administered	14252
by that board shall be paid to the board to cover the costs it	14253
incurs in administering those indigent drivers alcohol treatment	14254
programs.	14255

In addition, a county, juvenile, or municipal court judge may	14256
use moneys in the county indigent drivers alcohol treatment fund,	14257
county juvenile indigent drivers alcohol treatment fund, or	14258
municipal indigent drivers alcohol treatment fund in the following	14259
manners:	14260

(a) If the source of the moneys was an appropriation of the	14261
general assembly, a portion of a fee that was paid under division	14262
(F) of this section, a portion of a fine that was specified for	14263
deposit into the fund by section 4511.193 of the Revised Code, or	14264
a portion of a fine that was paid for a violation of section	14265
4511.19 of the Revised Code or of a provision contained in Chapter	14266
4510. of the Revised Code that was required to be deposited into	14267
the fund, to pay for the continued use of an ~~electronic~~	14268
~~continuous~~ alcohol monitoring device by an offender or juvenile	14269
traffic offender, in conjunction with a treatment program	14270
approved by the department of alcohol and drug addiction	14271
services, when such use is determined clinically necessary by the	14272
treatment program and when the court determines that the offender	14273
or juvenile traffic offender is unable to pay all or part of the	14274
daily monitoring or cost of the device;	14275

(b) If the source of the moneys was a portion of an	14276
additional court cost imposed under section 2949.094 of the	14277
Revised Code, to pay for the continued use of an alcohol	14278
monitoring device by an offender or juvenile traffic offender	14279
when the court determines that the offender or juvenile traffic	14280
offender is unable to pay all or part of the daily monitoring or	14281
cost of the device. The moneys may be used for a device as	14282
described in this division if the use of the device is in	14283
conjunction with a treatment program approved by the department	14284
of alcohol and drug addiction services, when the use of the device	14285
is determined clinically necessary by the treatment program, but	14286
the use of a device is not required to be in conjunction with a	14287
treatment program approved by the department in order for the	14288
moneys to be used for the device as described in this division.	14289

(4) If a county, juvenile, or municipal court determines, in	14290
consultation with the alcohol and drug addiction services board or	14291
the board of alcohol, drug addiction, and mental health services	14292
established pursuant to section 340.02 or 340.021 of the Revised	14293
Code and serving the alcohol, drug addiction, and mental health	14294
district in which the court is located, that the funds in the	14295
county indigent drivers alcohol treatment fund, the county	14296
juvenile indigent drivers alcohol treatment fund, or the municipal	14297
indigent drivers alcohol treatment fund under the control of the	14298
court are more than sufficient to satisfy the purpose for which	14299
the fund was established, as specified in divisions (H)(1) to (3)	14300
of this section, the court may declare a surplus in the fund. If	14301
the court declares a surplus in the fund, the court may expend the	14302
amount of the surplus in the fund for:	14303

(a) Alcohol and drug abuse assessment and treatment of	14304
persons who are charged in the court with committing a criminal	14305
offense or with being a delinquent child or juvenile traffic	14306
offender and in relation to whom both of the following apply:	14307

(i) The court determines that substance abuse was a	14308
contributing factor leading to the criminal or delinquent activity	14309
or the juvenile traffic offense with which the person is charged.	14310

(ii) The court determines that the person is unable to pay	14311
the cost of the alcohol and drug abuse assessment and treatment	14312
for which the surplus money will be used.	14313

(b) All or part of the cost of purchasing ~~electronic~~	14314
~~continuous~~ alcohol monitoring devices to be used in conjunction	14315
with division (H)(3) of this section.	14316

Sec. 4735.01. As used in this chapter:

14317

(A) "Real estate broker" includes any person, partnership,	14318
association, limited liability company, limited liability	14319
partnership, or corporation, foreign or domestic, who for another,	14320
whether pursuant to a power of attorney or otherwise, and who for	14321
a fee, commission, or other valuable consideration, or with the	14322
intention, or in the expectation, or upon the promise of receiving	14323
or collecting a fee, commission, or other valuable consideration	14324
does any of the following:	14325

(1) Sells, exchanges, purchases, rents, or leases, or	14326
negotiates the sale, exchange, purchase, rental, or leasing of any	14327
real estate;	14328

(2) Offers, attempts, or agrees to negotiate the sale,	14329
exchange, purchase, rental, or leasing of any real estate;	14330

(3) Lists, or offers, attempts, or agrees to list, or	14331
auctions, or offers, attempts, or agrees to auction, any real	14332
estate;	14333

(4) Buys or offers to buy, sells or offers to sell, or	14334
otherwise deals in options on real estate;	14335

(5) Operates, manages, or rents, or offers or attempts to	14336
operate, manage, or rent, other than as custodian, caretaker, or	14337
janitor, any building or portions of buildings to the public as	14338
tenants;	14339

(6) Advertises or holds self out as engaged in the business	14340
of selling, exchanging, purchasing, renting, or leasing real	14341
estate;	14342

(7) Directs or assists in the procuring of prospects or the	14343
negotiation of any transaction, other than mortgage financing,	14344
which does or is calculated to result in the sale, exchange,	14345
leasing, or renting of any real estate;	14346

(8) Is engaged in the business of charging an advance fee or	14347
contracting for collection of a fee in connection with any	14348
contract whereby the broker undertakes primarily to promote the	14349
sale, exchange, purchase, rental, or leasing of real estate	14350
through its listing in a publication issued primarily for such	14351
purpose, or for referral of information concerning such real	14352
estate to brokers, or both, except that this division does not	14353
apply to a publisher of listings or compilations of sales of real	14354
estate by their owners;	14355

(9) Collects rental information for purposes of referring	14356
prospective tenants to rental units or locations of such units and	14357
charges the prospective tenants a fee.	14358

(B) "Real estate" includes leaseholds as well as any and	14359
every interest or estate in land situated in this state, whether	14360
corporeal or incorporeal, whether freehold or nonfreehold, and the	14361
improvements on the land, but does not include cemetery interment	14362
rights.	14363

(C) "Real estate salesperson" means any person associated	14364
with a licensed real estate broker to do or to deal in any acts or	14365
transactions set out or comprehended by the definition of a real	14366
estate broker, for compensation or otherwise.	14367

(D) "Institution of higher education" means either of the	14368
following:	14369

(1) A nonprofit institution as defined in section 1713.01 of	14370
the Revised Code that actually awards, rather than intends to	14371
award, degrees for fulfilling requirements of academic work beyond	14372
high school;	14373

(2) An institution operated for profit that otherwise	14374
qualifies under the definition of an institution in section	14375
1713.01 of the Revised Code and that actually awards, rather than	14376
intends to award, degrees for fulfilling requirements of academic	14377
work beyond high school.	14378

(E) "Foreign real estate" means real estate not situated in	14379
this state and any interest in real estate not situated in this	14380
state.	14381

(F) "Foreign real estate dealer" includes any person,	14382
partnership, association, limited liability company, limited	14383
liability partnership, or corporation, foreign or domestic, who	14384
for another, whether pursuant to a power of attorney or otherwise,	14385
and who for a fee, commission, or other valuable consideration, or	14386
with the intention, or in the expectation, or upon the promise of	14387
receiving or collecting a fee, commission, or other valuable	14388
consideration, does or deals in any act or transaction specified	14389
or comprehended in division (A) of this section with respect to	14390
foreign real estate.	14391

(G) "Foreign real estate salesperson" means any person	14392
associated with a licensed foreign real estate dealer to do or	14393
deal in any act or transaction specified or comprehended in	14394
division (A) of this section with respect to foreign real estate,	14395
for compensation or otherwise.	14396

(H) Any person, partnership, association, limited liability	14397
company, limited liability partnership, or corporation, who, for	14398
another, in consideration of compensation, by fee, commission,	14399
salary, or otherwise, or with the intention, in the expectation,	14400
or upon the promise of receiving or collecting a fee, does, or	14401
offers, attempts, or agrees to engage in, any single act or	14402
transaction contained in the definition of a real estate broker,	14403
whether an act is an incidental part of a transaction, or the	14404
entire transaction, shall be constituted a real estate broker or	14405
real estate salesperson under this chapter.	14406

(I) The terms "real estate broker," "real estate	14407
salesperson," "foreign real estate dealer," and "foreign real	14408
estate salesperson" do not include a person, partnership,	14409
association, limited liability company, limited liability	14410
partnership, or corporation, or the regular employees thereof, who	14411
perform any of the acts or transactions specified or comprehended	14412
in division (A) of this section, whether or not for, or with the	14413
intention, in expectation, or upon the promise of receiving or	14414
collecting a fee, commission, or other valuable consideration:	14415

(1) With reference to real estate situated in this state or	14416
any interest in it owned by such person, partnership, association,	14417
limited liability company, limited liability partnership, or	14418
corporation, or acquired on its own account in the regular course	14419
of, or as an incident to the management of the property and the	14420
investment in it;	14421

(2) As receiver or trustee in bankruptcy, as guardian,	14422
executor, administrator, trustee, assignee, commissioner, or any	14423
person doing the things mentioned in this section, under authority	14424
or appointment of, or incident to a proceeding in, any court, or	14425
as a public officer, or as executor, trustee, or other bona fide	14426
fiduciary under any trust agreement, deed of trust, will, or other	14427
instrument creating a like bona fide fiduciary obligation;	14428

(3) As a public officer while performing the officer's	14429
official duties;	14430

(4) As an attorney at law in the performance of the	14431
attorney's duties;	14432

(5) As a person who engages in the brokering of the sale of	14433
business assets, not including the negotiation of the sale, lease,	14434
exchange, or assignment of any interest in real estate;	14435

(6) As a person who engages in the sale of manufactured homes	14436
as defined in division (C)(4) of section 3781.06 of the Revised	14437
Code, or of mobile homes as defined in division (O) of section	14438
4501.01 of the Revised Code, provided the sale does not include	14439
the negotiation, sale, lease, exchange, or assignment of any	14440
interest in real estate;	14441

(7) As a person who engages in the sale of commercial real	14442
estate pursuant to the requirements of section 4735.022 of the	14443
Revised Code.	14444

(J) "Physically handicapped licensee" means a person licensed	14445
pursuant to this chapter who is under a severe physical disability	14446
which is of such a nature as to prevent the person from being able	14447
to attend any instruction lasting at least three hours in	14448
duration.	14449

(K) "Division of real estate" may be used interchangeably	14450
with, and for all purposes has the same meaning as, "division of	14451
real estate and professional licensing."	14452

(L) "Superintendent" or "superintendent of real estate" means	14453
the superintendent of the division of real estate and professional	14454
licensing of this state. Whenever the division or superintendent	14455
of real estate is referred to or designated in any statute, rule,	14456
contract, or other document, the reference or designation shall be	14457
deemed to refer to the division or superintendent of real estate	14458
and professional licensing, as the case may be.	14459

(M) "Inactive license" means the license status in which a	14460
salesperson's license is in the possession of the division,	14461
renewed as required under this chapter or rules adopted under this	14462
chapter, and not associated with a real estate broker.	14463

(N) "Broker's license on deposit" means the license status in	14464
which a broker's license is in the possession of the division of	14465
real estate and professional licensing and renewed as required	14466
under this chapter or rules adopted under this chapter.	14467

(O) "Suspended license" means the license status that	14468
prohibits a licensee from providing services that require a	14469
license under this chapter for a specified interval of time.	14470

(P) "Reactivate" means the process prescribed by the	14471
superintendent of real estate and professional licensing to remove	14472
a license from an inactive, voluntary hold, suspended, or broker's	14473
license on deposit status to allow a licensee to provide services	14474
that require a license under this chapter.	14475

(Q) "Revoked" means the license status in which the license	14476
is void and not eligible for reactivation.	14477

(R) "Commercial real estate" means any parcel of real estate	14478
in this state other than real estate containing one to four	14479
residential units. "Commercial real estate" does not include	14480
single-family residential units such as condominiums, townhouses,	14481
manufactured homes, or homes in a subdivision when sold, leased,	14482
or otherwise conveyed on a unit-by-unit basis, even when those	14483
units are a part of a larger building or parcel of real estate	14484
containing more than four residential units.	14485

(S) "Out-of-state commercial broker" includes any person,	14486
partnership, association, limited liability company, limited	14487
liability partnership, or corporation that is licensed to do	14488
business as a real estate broker in a jurisdiction other than	14489
Ohio.	14490

(T) "Out-of-state commercial salesperson" includes any person	14491
affiliated with an out-of-state commercial broker who is not	14492
licensed as a real estate salesperson in Ohio.	14493

(U) "Exclusive right to sell or lease listing agreement"	14494
means an agency agreement between a seller and broker that meets	14495
the requirements of section 4735.55 of the Revised Code and does	14496
both of the following:	14497

(1) Grants the broker the exclusive right to represent the	14498
seller in the sale or lease of the seller's property;	14499

(2) Provides the broker will be compensated if the broker,	14500
the seller, or any other person or entity produces a purchaser or	14501
tenant in accordance with the terms specified in the listing	14502
agreement or if the property is sold or leased during the term of	14503
the listing agreement to anyone other than to specifically	14504
exempted persons or entities.	14505

(V) "Exclusive agency agreement" means an agency agreement	14506
between a seller and broker that meets the requirements of section	14507
4735.55 of the Revised Code and does both of the following:	14508

(1) Grants the broker the exclusive right to represent the	14509
seller in the sale or lease of the seller's property;	14510

(2) Provides the broker will be compensated if the broker or	14511
any other person or entity produces a purchaser or tenant in	14512
accordance with the terms specified in the listing agreement or if	14513
the property is sold or leased during the term of the listing	14514
agreement, unless the property is sold or leased solely through	14515
the efforts of the seller or to the specifically exempted persons	14516
or entities.	14517

(W) "Exclusive purchaser agency agreement" means an agency	14518
agreement between a purchaser and broker that meets the	14519
requirements of section 4735.55 of the Revised Code and does both	14520
of the following:	14521

(1) Grants the broker the exclusive right to represent the	14522
purchaser in the purchase or lease of property;	14523

(2) Provides the broker will be compensated in accordance	14524
with the terms specified in the exclusive agency agreement or if a	14525
property is purchased or leased by the purchaser during the term	14526
of the agency agreement unless the property is specifically	14527
exempted in the agency agreement.	14528

The agreement may authorize the broker to receive	14529
compensation from the seller or the seller's agent and may provide	14530
that the purchaser is not obligated to compensate the broker if	14531
the property is purchased or leased solely through the efforts of	14532
the purchaser.	14533

(X) "Seller" means a party in a real estate transaction who	14534
is the potential transferor of property. "Seller" includes an	14535
owner of property who is seeking to sell the property and a	14536
landlord who is seeking to rent or lease property to another	14537
person.	14538

(Y) "Voluntary hold" means the license status in which a	14539
license is in the possession of the division of real estate and	14540
professional licensing for a period of not more than twelve months	14541
pursuant to section 4735.142 of the Revised Code, is not renewed	14542
in accordance with the requirements specified in this chapter or	14543
the rules adopted pursuant to it, and is not associated with a	14544
real estate broker.	14545

(Z) "Resigned" means the license status in which a license	14546
has been voluntarily surrendered to or is otherwise in the	14547
possession of the division of real estate and professional	14548
licensing, is not renewed in accordance with the requirements	14549
specified in this chapter or the rules adopted pursuant to it, and	14550
is not associated with a real estate broker.	14551

Sec. 4735.02. Except as provided in section 4735.022 of the	14552
Revised Code, no person, partnership, association, limited	14553
liability company, limited liability partnership, or corporation	14554
shall act as a real estate broker or real estate salesperson, or	14555
advertise or assume to act as such, without first being licensed	14556
as provided in this chapter. No person, partnership, association,	14557
limited liability company, limited liability partnership, or	14558
corporation shall provide services that require a license under	14559
this chapter if the licensee's license is inactive, suspended,	14560
placed on voluntary hold, resigned, or a broker's license on	14561
deposit, or if the license has been revoked. Nothing contained in	14562
this chapter shall be construed as authorizing a real estate	14563
broker or salesperson to perform any service constituting the	14564
practice of law.	14565

No partnership, association, limited liability company,	14566
limited liability partnership, or corporation holding a real	14567
estate license shall employ as an officer, director, manager, or	14568
principal employee any person previously holding a license as a	14569
real estate broker, real estate salesperson, foreign real estate	14570
dealer, or foreign real estate salesperson, whose license has been	14571
placed in inactive, voluntary hold, or resigned status, or is	14572
suspended, or revoked and who has not thereafter reactivated the	14573
license or received a new license.	14574

Sec. 4735.10. (A)(1) The Ohio real estate commission may	14575
adopt reasonable rules in accordance with Chapter 119. of the	14576
Revised Code, necessary for implementing the provisions of this	14577
chapter relating, but not limited to, the following:	14578

(a) The form and manner of filing applications for license;

14579

(b) Times and form of examination for license;

14580

(c) Placing an existing broker's license on deposit or a	14581
salesperson's license on an inactive status for an indefinite	14582
period;	14583

(d) Specifying the process by which a licensee may place the	14584
licensee's license on voluntary hold or resigned status;	14585

(e) Defining any additional license status that the	14586
commission determines is necessary and that is not otherwise	14587
defined in this chapter and establishing the process by which a	14588
licensee places the licensee's license in a status defined by the	14589
commission in the rules the commission adopts.	14590

(2) The commission shall adopt reasonable rules in accordance	14591
with Chapter 119. of the Revised Code, for implementing the	14592
provisions of this chapter relating to the following:	14593

(a) The issuance, renewal, suspension, and revocation of	14594
licenses, other sanctions that may be imposed for violations of	14595
this chapter, the conduct of hearings related to these actions,	14596
and the process of reactivating a license;	14597

(b) By not later than January 1, 2004, a three-year license	14598
and a three-year license renewal system;	14599

(c) Standards for the approval of courses of study required	14600
for licenses, or offered in preparation for license examinations,	14601
or required as continuing education for licenses.	14602

(d) Guidelines to ensure that continuing education classes	14603
are open to all persons licensed under this chapter. The rules	14604
shall specify that an organization that sponsors a continuing	14605
education class may offer its members a reasonable reduction in	14606
the fees charged for the class.	14607

(e) Requirements for trust accounts and property management	14608
accounts. The rules shall specify that:	14609

(i) Brokerages engaged in the management of property for	14610
another may, pursuant to a written contract with the property	14611
owner, exercise signatory authority for withdrawals from property	14612
management accounts maintained in the name of the property owner.	14613
The exercise of authority for withdrawals does not constitute a	14614
violation of any provision of division (A) of section 4735.18 of	14615
the Revised Code.	14616

(ii) The interest earned on property management trust	14617
accounts maintained in the name of the property owner or the	14618
broker shall be payable to the property owner unless otherwise	14619
specified in a written contract.	14620

(f) Notice of renewal forms and filing deadlines;

14621

(g) Special assessments under division (A) of section 4735.12	14622
of the Revised Code.	14623

(B) The commission may adopt rules in accordance with Chapter	14624
119. of the Revised Code establishing standards and guidelines	14625
with which the superintendent of real estate shall comply in the	14626
exercise of the following powers:	14627

(1) Appointment and recommendation of ancillary trustees	14628
under section 4735.05 of the Revised Code;	14629

(2) Rejection of names proposed to be used by partnerships,	14630
associations, limited liability companies, limited liability	14631
partnerships, and corporations, under division (A) of section	14632
4735.06 of the Revised Code;	14633

(3) Acceptance and rejection of applications to take the	14634
broker and salesperson examinations and licensure, with	14635
appropriate waivers pursuant to division (E) of section 4735.07	14636
and section 4735.09 of the Revised Code;	14637

(4) Approval of applications of brokers to place their	14638
licenses on deposit and to become salespersons under section	14639
4735.13 of the Revised Code;	14640

(5) Appointment of hearing examiners under section 119.09 of	14641
the Revised Code;	14642

(6) Acceptance and rejection of applications to take the	14643
foreign real estate dealer and salesperson examinations and	14644
licensure, with waiver of examination, under sections 4735.27 and	14645
4735.28 of the Revised Code;	14646

(7) Qualification of foreign real estate under section	14647
4735.25 of the Revised Code.	14648

If at any time there is no rule in effect establishing a	14649
guideline or standard required by this division, the	14650
superintendent may adopt a rule in accordance with Chapter 119. of	14651
the Revised Code for such purpose.	14652

(C) The commission or superintendent may hear testimony in	14653
matters relating to the duties imposed upon them, and the	14654
president of the commission and superintendent may administer	14655
oaths. The commission or superintendent may require other proof of	14656
the honesty, truthfulness, and good reputation of any person named	14657
in an application for a real estate broker's or real estate	14658
salesperson's license before admitting the applicant to the	14659
examination or issuing a license.	14660

Sec. 4735.13. (A) The license of a real estate broker shall	14661
be prominently displayed in the office or place of business of the	14662
broker, and no license shall authorize the licensee to do business	14663
except from the location specified in it. If the broker maintains	14664
more than one place of business within the state, the broker shall	14665
apply for and procure a duplicate license for each branch office	14666
maintained by the broker. Each branch office shall be in the	14667
charge of a licensed broker or salesperson. The branch office	14668
license shall be prominently displayed at the branch office	14669
location.	14670

(B) The license of each real estate salesperson shall be	14671
mailed to and remain in the possession of the licensed broker with	14672
whom the salesperson is or is to be associated until the licensee	14673
places the license on inactive, voluntary hold, or resigned status	14674
or until the salesperson leaves the brokerage or is terminated.	14675
The broker shall keep each salesperson's license in a way that it	14676
can, and shall on request, be made immediately available for	14677
public inspection at the office or place of business of the	14678
broker. Except as provided in divisions (G) and (H) of this	14679
section, immediately upon the salesperson's leaving the	14680
association or termination of the association of a real estate	14681
salesperson with the broker, the broker shall return the	14682
salesperson's license to the superintendent of real estate.	14683

The failure of a broker to return the license of a real	14684
estate salesperson or broker who leaves or who is terminated, via	14685
certified mail return receipt requested, within three business	14686
days of the receipt of a written request from the superintendent	14687
for the return of the license, is prima-facie evidence of	14688
misconduct under division (A)(6) of section 4735.18 of the Revised	14689
Code.	14690

(C) Any licensee who is convicted of a felony or a crime	14691
involving moral turpitude or of violating any federal, state, or	14692
municipal civil rights law pertaining to discrimination in	14693
housing, or any court that issues a finding of an unlawful	14694
discriminatory practice pertaining to housing accommodations	14695
described in division (H) of section 4112.02 of the Revised Code	14696
or that convicts a licensee of a violation of any municipal civil	14697
rights law pertaining to housing discrimination, shall notify the	14698
superintendent of the conviction or finding within fifteen days.	14699
If a licensee fails to notify the superintendent within the	14700
required time, the superintendent immediately may revoke the	14701
license of the licensee.	14702

Any court that convicts a licensee of a violation of any	14703
municipal civil rights law pertaining to housing discrimination	14704
also shall notify the Ohio civil rights commission within fifteen	14705
days of the conviction.	14706

(D) In case of any change of business location, a broker	14707
shall give notice in writing to the superintendent, whereupon the	14708
superintendent shall issue new licenses for the unexpired period	14709
without charge. If a broker changes a business location without	14710
giving the required notice and without receiving new licenses that	14711
action is prima-facie evidence of misconduct under division (A)(6)	14712
of section 4735.18 of the Revised Code.	14713

(E) If a real estate broker desires to associate with another	14714
real estate broker in the capacity of a real estate salesperson,	14715
the broker shall apply to the superintendent to deposit the	14716
broker's real estate broker's license with the superintendent and	14717
for the issuance of a real estate salesperson's license. The	14718
application shall be made on a form prescribed by the	14719
superintendent and shall be accompanied by the recommendation of	14720
the real estate broker with whom the applicant intends to become	14721
associated and a fee of twenty-five dollars for the real estate	14722
salesperson's license. Four dollars of the fee shall be credited	14723
to the real estate education and research fund. If the	14724
superintendent is satisfied that the applicant is honest,	14725
truthful, and of good reputation, has not been convicted of a	14726
felony or a crime involving moral turpitude, and has not been	14727
finally adjudged by a court to have violated any municipal, state,	14728
or federal civil rights laws relevant to the protection of	14729
purchasers or sellers of real estate, and that the association of	14730
the real estate broker and the applicant will be in the public	14731
interest, the superintendent shall grant the application and issue	14732
a real estate salesperson's license to the applicant. Any license	14733
so deposited with the superintendent shall be subject to this	14734
chapter. A broker who intends to deposit the broker's license with	14735
the superintendent, as provided in this section, shall give	14736
written notice of this fact in a format prescribed by the	14737
superintendent to all salespersons associated with the broker when	14738
applying to place the broker's license on deposit.	14739

(F) If a real estate broker desires to become a member or	14740
officer of a partnership, association, limited liability company,	14741
limited liability partnership, or corporation that is or intends	14742
to become a licensed real estate broker, the broker shall notify	14743
the superintendent of the broker's intentions. The notice of	14744
intention shall be on a form prescribed by the superintendent and	14745
shall be accompanied by a fee of twenty-five dollars. Four dollars	14746
of the fee shall be credited to the real estate education and	14747
research fund.	14748

No real estate broker who is a member or officer of a	14749
partnership, association, limited liability company, limited	14750
liability partnership, or corporation that is a licensed real	14751
estate broker shall perform any acts as a real estate broker other	14752
than as the agent of the partnership, association, limited	14753
liability company, limited liability partnership, or corporation,	14754
and such broker shall not have any real estate salespersons	14755
associated with the broker.	14756

(G) If a real estate broker or salesperson enters the armed	14757
forces, the broker or salesperson may place the broker's or	14758
salesperson's license on deposit with the Ohio real estate	14759
commission. The licensee shall not be required to renew the	14760
license until the renewal date that follows the date of discharge	14761
from the armed forces. Any license deposited with the commission	14762
shall be subject to this chapter. Any licensee whose license is on	14763
deposit under this division and who fails to meet the continuing	14764
education requirements of section 4735.141 of the Revised Code	14765
because the licensee is in the armed forces shall satisfy the	14766
commission that the licensee has complied with the continuing	14767
education requirements within twelve months of the licensee's	14768
discharge. The commission shall notify the licensee of the	14769
licensee's obligations under section 4735.141 of the Revised Code	14770
at the time the licensee applies for reactivation of the	14771
licensee's license.	14772

(H) If a licensed real estate salesperson submits an	14773
application to the superintendent to leave the association of one	14774
broker to associate with a different broker, the broker possessing	14775
the licensee's license need not return the salesperson's license	14776
to the superintendent. The superintendent may process the	14777
application regardless of whether the licensee's license is	14778
returned to the superintendent.	14779

Sec. 4735.14. (A) Each license issued under this chapter,	14780
shall be valid without further recommendation or examination until	14781
it is placed in an inactive, voluntary hold, or resigned status,	14782
is revoked,or suspended, or such license expires by operation of	14783
law.	14784

(B) ~~Each~~Except for a licensee who has placed the licensee's	14785
license on voluntary hold or resigned status pursuant to section	14786
4735.142 of the Revised Code, each licensed broker, brokerage, or	14787
salesperson shall file, on or before the date the Ohio real estate	14788
commission has adopted by rule for that licensee in accordance	14789
with division (A)(2)(f) of section 4735.10 of the Revised Code, a	14790
notice of renewal on a form prescribed by the superintendent of	14791
real estate. The notice of renewal shall be mailed by the	14792
superintendent to the most current personal residence address of	14793
each broker or salesperson as filed with the superintendent by the	14794
licensee and the place of business address of the brokerage two	14795
months prior to the filing deadline.	14796

(C) ~~The~~Except as otherwise provided in division (B) of this	14797
section, the license of any real estate broker, brokerage, or	14798
salesperson that fails to file a notice of renewal on or before	14799
the filing deadline of each ensuing year shall be suspended	14800
automatically without the taking of any action by the	14801
superintendent. A suspended license may be reactivated within	14802
twelve months of the date of suspension, provided that the renewal	14803
fee plus a penalty fee of fifty per cent of the renewal fee is	14804
paid to the superintendent. Failure to reactivate the license as	14805
provided in this division shall result in automatic revocation of	14806
the license without the taking of any action by the	14807
superintendent. No person, partnership, association, corporation,	14808
limited liability company, or limited partnership shall engage in	14809
any act or acts for which a real estate license is required while	14810
that entity's license is placed in an inactive, voluntary hold, or	14811
resigned status, or is suspended, or revoked. The commission shall	14812
adopt rules in accordance with Chapter 119. of the Revised Code to	14813
provide to licensees notice of suspension or revocation or both.	14814

(D) Each licensee shall notify the commission of a change in	14815
personal residence address. A licensee's failure to notify the	14816
commission of a change in personal residence address does not	14817
negate the requirement to file the license renewal by the required	14818
deadline established by the commission by rule under division	14819
(A)(2)(f) of section 4735.10 of the Revised Code.	14820

(E) The superintendent shall not renew a license if the	14821
licensee is not in compliance with this chapter.	14822

Sec. 4735.141. (A) Except as otherwise provided in this	14823
division and except for a licensee who has placed the licensee's	14824
license on voluntary hold or resigned status pursuant to section	14825
4735.142 of the Revised Code, each person licensed under section	14826
4735.07 or 4735.09 of the Revised Code shall submit proof	14827
satisfactory to the superintendent of real estate that the	14828
licensee has satisfactorily completed thirty hours of continuing	14829
education, as prescribed by the Ohio real estate commission	14830
pursuant to section 4735.10 of the Revised Code, on or before the	14831
licensee's birthday occurring three years after the licensee's	14832
date of initial licensure, and on or before the licensee's	14833
birthday every three years thereafter.	14834

Persons licensed as real estate salespersons who subsequently	14835
become licensed real estate brokers shall continue to submit proof	14836
of continuing education in accordance with the time period	14837
established in this section.	14838

The requirements of this section shall not apply to any	14839
physically handicapped licensee as provided in division (E) of	14840
this section.	14841

Each licensee who is seventy years of age or older, within a	14842
continuing education reporting period, shall submit proof	14843
satisfactory to the superintendent of real estate that the	14844
licensee has satisfactorily completed a total of nine classroom	14845
hours of continuing education, including instruction in Ohio real	14846
estate law; recently enacted state and federal laws affecting the	14847
real estate industry; municipal, state, and federal civil rights	14848
law; and canons of ethics for the real estate industry as adopted	14849
by the commission. The required proof of completion shall be	14850
submitted on or before the licensee's birthday that falls in the	14851
third year of that continuing education reporting period. A	14852
licensee who is seventy years of age or older whose license is in	14853
an inactive status is exempt from the continuing education	14854
requirements specified in this section. The commission shall adopt	14855
reasonable rules in accordance with Chapter 119. of the Revised	14856
Code to carry out the purposes of this paragraph.	14857

(B) The continuing education requirements of this section	14858
shall be completed in schools, seminars, and educational	14859
institutions approved by the commission. Such approval shall be	14860
given according to rules established by the commission under the	14861
procedures of Chapter 119. of the Revised Code, and shall not be	14862
limited to institutions providing two-year or four-year degrees.	14863
Each school, seminar, or educational institution approved under	14864
this division shall be open to all licensees on an equal basis.	14865

(C) If the requirements of this section are not met by a	14866
licensee within the period specified, the licensee's license shall	14867
be suspended automatically without the taking of any action by the	14868
superintendent. The superintendent shall notify the licensee of	14869
the license suspension. Any license so suspended shall remain	14870
suspended until it is reactivated by the superintendent. No such	14871
license shall be reactivated until it is established, to the	14872
satisfaction of the superintendent, that the requirements of this	14873
section have been met. If the requirements of this section are not	14874
met within twelve months from the date the license was suspended,	14875
the license shall be revoked automatically without the taking of	14876
any action by the superintendent.	14877

(D) If the license of a real estate broker is suspended	14878
pursuant to division (C) of this section, the license of a real	14879
estate salesperson associated with that broker correspondingly is	14880
suspended pursuant to division (H) of section 4735.20 of the	14881
Revised Code. However, the suspended license of the associated	14882
real estate salesperson shall be reactivated and no fee shall be	14883
charged or collected for that reactivation if all of the following	14884
occur:	14885

(1) That broker subsequently submits proof to the	14886
superintendent that the broker has complied with the requirements	14887
of this section and requests that the broker's license as a real	14888
estate broker be reactivated.	14889

(2) The superintendent then reactivates the broker's license	14890
as a real estate broker.	14891

(3) The associated real estate salesperson intends to	14892
continue to be associated with that broker, has complied with the	14893
requirements of this section, and otherwise is in compliance with	14894
this chapter.	14895

Any person whose license is reactivated pursuant to this	14896
division shall submit proof satisfactory to the superintendent	14897
that the person has completed thirty hours of continuing	14898
education, as prescribed by the Ohio real estate commission, on or	14899
before the third year following the licensee's birthday occurring	14900
immediately after reactivation.	14901

(E) Any licensee who is a physically handicapped licensee at	14902
any time during the last three months of the third year of the	14903
licensee's continuing education reporting period may receive an	14904
extension of time to submit proof to the superintendent that the	14905
licensee has satisfactorily completed the required thirty hours of	14906
continuing education. To receive an extension of time, the	14907
licensee shall submit a request to the division of real estate for	14908
the extension and proof satisfactory to the commission that the	14909
licensee was a physically handicapped licensee at some time during	14910
the last three months of the three-year reporting period. The	14911
proof shall include, but is not limited to, a signed statement by	14912
the licensee's attending physician describing the physical	14913
disability, certifying that the licensee's disability is of such a	14914
nature as to prevent the licensee from attending any instruction	14915
lasting at least three hours in duration, and stating the expected	14916
duration of the physical disability. The licensee shall request	14917
the extension and provide the physician's statement to the	14918
division no later than one month prior to the end of the	14919
licensee's three-year continuing education reporting period,	14920
unless the physical disability did not arise until the last month	14921
of the three-year reporting period, in which event the licensee	14922
shall request the extension and provide the physician's statement	14923
as soon as practical after the occurrence of the physical	14924
disability. A licensee granted an extension pursuant to this	14925
division who is no longer a physically handicapped licensee and	14926
who submits proof of completion of the continuing education during	14927
the extension period, shall submit, for future continuing	14928
education reporting periods, proof of completion of the continuing	14929
education requirements according to the schedule established in	14930
division (A) of this section.	14931

Sec. 4735.142. (A) Any person licensed under section 4735.07	14932
or 4735.09 of the Revised Code, at any time prior to the date the	14933
licensee is required to file a notice of renewal pursuant to	14934
division (B) of section 4735.14 of the Revised Code may apply to	14935
the superintendent of real estate and professional licensing to	14936
place the licensee's license on voluntary hold or a resigned	14937
status.	14938

(B) If the superintendent has placed a license on voluntary	14939
hold pursuant to a request made under division (A) of this	14940
section, the licensee who requested that the licensee's license be	14941
placed on voluntary hold may apply to the superintendent to	14942
reactivate that license within twelve months after the date the	14943
license is placed on voluntary hold. The superintendent shall	14944
reactivate that license if the licensee complies with the	14945
requirements for such reactivation that are specified in rules	14946
adopted by the Ohio real estate commission pursuant to division	14947
(A) of section 4735.10 of the Revised Code and satisfies all of	14948
the following requirements:	14949

(1) The licensee complies with the postlicensure education	14950
requirements specified in section 4735.07 or 4735.09 of the	14951
Revised Code, as applicable;	14952

(2) The licensee complies with the continuing education	14953
requirements specified in section 4735.141 of the Revised Code;	14954

(3) The licensee renews the licensee's license in accordance	14955
with section 4735.14 of the Revised Code and, if applicable, pays	14956
the annual brokerage assessment fee in accordance with the	14957
requirements specified in rules adopted by the commission.	14958

(C) If a licensee does not apply to reactivate a license on	14959
voluntary hold pursuant to division (B) of this section during the	14960
twelve-month time period specified in that division or does not	14961
satisfy the requirements specified in that division during that	14962
twelve-month period, the superintendent shall consider that	14963
license to be in a resigned status. The superintendent shall not	14964
reactivate a resigned license. The resignation of a license is	14965
considered to be final without the taking of any action by the	14966
superintendent. If a person whose license is in a resigned status	14967
pursuant to this division wishes to obtain an active license, the	14968
person shall apply for an active license in accordance with the	14969
requirements specified in section 4735.07 or 4735.09 of the	14970
Revised Code, as applicable.	14971

(D) A licensee, at any time during which a license has been	14972
suspended pursuant to division (G) of section 4735.07, division	14973
(G) of section 4735.09, division (E) of section 4735.12, division	14974
(C) of section 4735.14, division (C) of section 4735.141, or	14975
section 4735.182 of the Revised Code, may apply to the	14976
superintendent on a form prescribed by the superintendent to	14977
voluntarily resign the licensee's license. The resignation of a	14978
license is considered to be final without the taking of any action	14979
by the superintendent. If a person whose license is in a resigned	14980
status pursuant to a request made under this division wishes to	14981
obtain an active or inactive license, the person shall apply for	14982
such a license in accordance with the requirements specified in	14983
section 4735.07 or 4735.09 of the Revised Code, as applicable, or	14984
in the rules adopted by the commission pursuant to division (A)	14985
of section 4735.10 of the Revised Code.	14986

(E) If placing a broker's license on voluntary hold or a	14987
resigned status will result in the closure of the broker's	14988
brokerage, the broker, within three days after applying to the	14989
superintendent to place the license on voluntary hold or a	14990
resigned status, shall provide to each salesperson associated	14991
with that broker a written notice stating that fact.	14992

(F) This section does not apply to any licensee whose license	14993
has been suspended pursuant to division (F) of section 4735.181 of	14994
the Revised Code or due to disciplinary action ordered by the	14995
commission pursuant to section 4735.051 of the Revised Code.	14996

Sec. 4752.04. A person seeking a license to provide home	14997
medical equipment services shall apply to the Ohio respiratory	14998
care board on a form the board shall prescribe and provide. The	14999
application must be accompanied by the license application fee	15000
established in rules adopted under section 4752.17 of the Revised	15001
Code ~~and~~, except that the board may waive all or part of the fee	15002
if the board determines that an applicant's license will be	15003
issued in the last six months of the biennial licensing period	15004
established under section 4752.05 of the Revised Code.	15005

In the application, the applicant shall specify the name and	15006
location of the facility from which services will be provided.	15007

Sec. 4752.05. (A) The Ohio respiratory care board shall issue	15008
a license to provide home medical equipment services to each	15009
applicant under section 4752.04 of the Revised Code that meets	15010
either of the following requirements:	15011

(1) Meets the standards established by the board in rules	15012
adopted under section 4752.17 of the Revised Code;	15013

(2) Is a pharmacy licensed under Chapter 4729. of the Revised	15014
Code that receives total payments of ten thousand dollars or more	15015
per year from selling or renting home medical equipment.	15016

(B) During the period ending one year after ~~the effective~~	15017
~~date of this section~~September 16, 2004, an applicant that does	15018
not meet either of the requirements of division (A) of this	15019
section shall be granted a provisional license if for at least	15020
twelve months prior to ~~the effective date of this section~~	15021
September 16, 2004 the applicant was engaged in the business of	15022
providing home medical equipment services. The provisional license	15023
expires one year following the date on which it is issued and is	15024
not subject to renewal under section 4752.06 of the Revised Code.	15025

(C) The board may conduct a personal interview of an	15026
applicant, or an applicant's representative, to determine the	15027
applicant's qualifications for licensure.	15028

(D) A license issued under division (A) of this section is	15029
~~valid from the day it is issued until the thirtieth day of June~~	15030
~~that immediately follows the date of issue. Thereafter a license~~	15031
~~is valid only if it is~~expires at the end of the licensing period	15032
for which it is issued and may be renewed in accordance with	15033
section 4752.06 of the Revised Code ~~biennially on or before the~~	15034
~~thirtieth day of June~~. For purposes of issuing and renewing	15035
licenses, the board shall use a biennial licensing period that	15036
begins on the first day of July of each even-numbered year and	15037
ends on the thirtieth day of June of the next succeeding	15038
even-numbered year.	15039

(E) Any license issued under this section is valid only for	15040
the facility named in the application.	15041

Sec. 4752.06. Except for a provisional license issued under	15042
section 4752.05 of the Revised Code, a license issued under this	15043
chapter shall be renewed by the Ohio respiratory care board if the	15044
license holder is in compliance with the applicable requirements	15045
of this chapter.	15046

An application for license renewal shall be accompanied by	15047
the renewal fee established in rules adopted under section 4752.17	15048
of the Revised Code and, except as provided in division (B) of	15049
section 4752.07 of the Revised Code, by documentation	15050
satisfactory to the board that the continuing education	15051
requirements of section 4752.07 of the Revised Code have been met.	15052
Renewals shall be made in accordance with the standard renewal	15053
procedure established under Chapter 4745. of the Revised Code and	15054
the renewal procedures established in rules adopted under section	15055
4752.17 of the Revised Code.	15056

Sec. 4752.07. (A) The holder of a license issued under this	15057
chapter shall do all of the following:	15058

~~(A)~~(1) Maintain a physical facility and a medical equipment	15059
inventory;	15060

~~(B)~~(2) Establish equipment management and personnel policies;

15061

~~(C)~~(3) Provide life-sustaining home medical equipment, as	15062
described in division (B)(1) of section 4752.01 of the Revised	15063
Code, and related home medical equipment services twenty-four	15064
hours per day, seven days per week;	15065

~~(D) Require~~(4) Except as provided in division (B) of this	15066
section, require persons in its employ or under its control who	15067
provide home medical equipment services to successfully complete	15068
continuing education programs in home medical equipment services	15069
that meet the standards established by rule adopted under section	15070
4752.17 of the Revised Code and maintain records on participation	15071
in those programs;	15072

~~(E)~~(5) Maintain records on all individuals to whom it	15073
provides home medical equipment and services;	15074

~~(F)~~(6) Maintain liability insurance, including coverage for	15075
professional and products liability;	15076

~~(G)~~(7) Comply with all other requirements established by rule	15077
adopted under section 4752.17 of the Revised Code that apply to	15078
persons licensed under this chapter.	15079

(B) For the first renewal of a license that was issued in the	15080
last six months of the biennial licensing period established under	15081
section 4752.05 of the Revised Code, the board may waive all or	15082
part of the continuing education requirements that otherwise would	15083
have to be met to renew the license under section 4752.06 of the	15084
Revised Code.	15085

Sec. 4752.11. (A) A person seeking a certificate of	15086
registration to provide home medical equipment services shall	15087
apply to the Ohio respiratory care board on a form the board shall	15088
prescribe and provide. The application must be accompanied by the	15089
registration fee established in rules adopted under section	15090
4752.17 of the Revised Code, except that the board may waive all	15091
or part of the fee if the board determines that an applicant's	15092
certificate of registration will be issued in the last six months	15093
of the biennial registration period established under section	15094
4752.12 of the Revised Code.	15095

(B) The applicant shall specify in the application all of the	15096
following:	15097

(1) The name of the facility from which services will be	15098
provided;	15099

(2) The facility's address;

15100

(3) The facility's telephone number;

15101

(4) A person who may be contacted with regard to the	15102
facility;	15103

(5) The name of the national accrediting body that issued the	15104
accreditation on which the application is based;	15105

(6) The applicant's accreditation number and the expiration	15106
date of the accreditation;	15107

(7) A telephone number that may be used twenty-four hours a	15108
day, seven days a week, to obtain information related to the	15109
facility's provision of home medical equipment services.	15110

Sec. 4752.12. (A) The Ohio respiratory care board shall	15111
issue a certificate of registration to provide home medical	15112
equipment services to each applicant who submits a complete	15113
application under section 4752.11 of the Revised Code. For	15114
purposes of this division, an application is complete only if the	15115
board finds that the applicant holds accreditation from the joint	15116
commission on accreditation of healthcare organizations or another	15117
national accrediting body recognized by the board, as specified in	15118
rules adopted under section 4752.17 of the Revised Code.	15119

(B) A certificate of registration issued under this section	15120
~~is valid from the day it is issued until the thirtieth day of June~~	15121
~~that immediately follows the date of issue. Thereafter, a~~	15122
~~certificate of registration is valid only if it is~~expires at the	15123
end of the registration period for which it is issued and may be	15124
renewed in accordance with section 4752.13 of the Revised Code	15125
~~biennially on or before the thirtieth day of June~~. For purposes of	15126
renewing certificates of registration, the board shall use a	15127
biennial registration period that begins on the first day of July	15128
of each even-numbered year and ends on the thirtieth day of June	15129
of the next succeeding even-numbered year.	15130

(C) A certificate of registration issued under this section	15131
is valid only for the facility named in the application.	15132

Sec. 4752.13. A certificate of registration issued under this	15133
chapter shall be renewed by the Ohio respiratory care board if the	15134
certificate holder is accredited by the joint commission on	15135
accreditation of healthcare organizations or another national	15136
accrediting body recognized by the board, as specified in rules	15137
adopted under section 4752.17 of the Revised Code.	15138

An application for renewal of a certificate of registration	15139
shall be accompanied by the renewal fee established in rules	15140
adopted under section 4752.17 of the Revised Code. Renewals shall	15141
be made in accordance with the standard renewal procedure	15142
established under Chapter 4745. of the Revised Code and the	15143
renewal procedures established in rules adopted under section	15144
4752.17 of the Revised Code.	15145

Sec. 4905.84. (A) As used in this section:

15146

(1) "Telecommunications relay service" means intrastate	15147
transmission services that provide the ability for an individual	15148
who has a hearing or speech impairment to engage in a	15149
communication by wire or radio with a hearing individual in a	15150
manner that is functionally equivalent to the ability of an	15151
individual who does not have a hearing or speech impairment to	15152
communicate using voice communication services by wire or radio.	15153
"Telecommunications relay service" includes services that enable	15154
two-way communication between an individual who uses a	15155
telecommunications device for the deaf or other nonvoice terminal	15156
device and an individual who does not use such a device.	15157

(2) "TRS provider" means an entity selected by the public	15158
utilities commission as the provider of telecommunications relay	15159
service for this state as part of the commission's intrastate	15160
telecommunications relay service program certified pursuant to	15161
federal law.	15162

(B) For the sole purpose of funding telecommunications relay	15163
service, the commission shall, not earlier than January 1, 2009,	15164
impose on and collect from each service provider that is required	15165
under federal law to provide its customers access to	15166
telecommunications relay service an annual assessment to pay for	15167
costs incurred by the TRS provider for providing such service in	15168
Ohio. The commission shall determine the appropriate service	15169
providers to be assessed the telecommunications relay service	15170
costs, including telephone companies as defined in division	15171
(A)(2) of section 4905.03 of the Revised Code, commercial mobile	15172
radio service providers, and providers of advanced services or	15173
internet protocol-enabled services that are competitive with or	15174
functionally equivalent to basic local exchange service as	15175
defined in section 4927.01 of the Revised Code.	15176

(C) The assessment shall be allocated proportionately among	15177
the appropriate service providers using a competitively neutral	15178
formula established by the commission based on the number of	15179
retail intrastate customer access lines or their equivalent. The	15180
commission shall annually reconcile the funds collected with the	15181
actual costs of providing telecommunications relay service when it	15182
issues the assessment and shall either proportionately charge the	15183
service providers for any amounts not sufficient to cover the	15184
actual costs or proportionately credit amounts collected in excess	15185
of the actual costs. The total amount assessed from all service	15186
providers shall not exceed the total telecommunications relay	15187
service costs.	15188

Each service provider that pays the assessment shall be	15189
permitted to recover the cost of the assessment. The method of	15190
recovery may include, but is not limited to, a customer billing	15191
surcharge.	15192

The commission shall deposit the money collected in the	15193
telecommunications relay service fund, which is hereby created in	15194
the state treasury, and shall use the money in that fund solely	15195
to compensate the TRS provider.	15196

(D) The commission shall take such measures as it considers	15197
necessary to protect the confidentiality of information provided	15198
to the commission pursuant to this section by service providers	15199
required to pay the assessment.	15200

(E) The commission may assess a forfeiture of not more than	15201
one thousand dollars on any service provider failing to comply	15202
with this section. Each day's continuance of such failure is a	15203
separate offense. The forfeiture shall be recovered in accordance	15204
with sections 4905.55 to 4905.60 of the Revised Code.	15205

(F) The jurisdiction and authority granted to the commission	15206
by this section is limited to the administration and enforcement	15207
of this section. The commission may adopt such rules as it finds	15208
necessary to carry out this section. The commission shall adopt	15209
rules under Chapter 119. of the Revised Code to establish the	15210
assessment amounts and procedures.	15211

Sec. 4928.142. (A) For the purpose of complying with section	15212
4928.141 of the Revised Code and subject to division (D) of this	15213
section and, as applicable, subject to the rate plan requirement	15214
of division (A) of section 4928.141 of the Revised Code, an	15215
electric distribution utility may establish a standard service	15216
offer price for retail electric generation service that is	15217
delivered to the utility under a market-rate offer.	15218

(1) The market-rate offer shall be determined through a	15219
competitive bidding process that provides for all of the	15220
following:	15221

(a) Open, fair, and transparent competitive solicitation;

15222

(b) Clear product definition;

15223

15224

(d) Oversight by an independent third party that shall design	15225
the solicitation, administer the bidding, and ensure that the	15226
criteria specified in division (A)(1)(a) to (c) of this section	15227
are met;	15228

(e) Evaluation of the submitted bids prior to the selection	15229
of the least-cost bid winner or winners.	15230

No generation supplier shall be prohibited from participating	15231
in the bidding process.	15232

(2) The public utilities commission shall modify rules, or	15233
adopt new rules as necessary, concerning the conduct of the	15234
competitive bidding process and the qualifications of bidders,	15235
which rules shall foster supplier participation in the bidding	15236
process and shall be consistent with the requirements of division	15237
(A)(1) of this section.	15238

(B) Prior to initiating a competitive bidding process for a	15239
market-rate offer under division (A) of this section, the electric	15240
distribution utility shall file an application with the	15241
commission. An electric distribution utility may file its	15242
application with the commission prior to the effective date of	15243
the commission rules required under division (A)(2) of this	15244
section, and, as the commission determines necessary, the utility	15245
shall immediately conform its filing to the rules upon their	15246
taking effect.	15247

An application under this division shall detail the electric	15248
distribution utility's proposed compliance with the requirements	15249
of division (A)(1) of this section and with commission rules	15250
under division (A)(2) of this section and demonstrate that all of	15251
the following requirements are met:	15252

(1) The electric distribution utility or its transmission	15253
service affiliate belongs to at least one regional transmission	15254
organization that has been approved by the federal energy	15255
regulatory commission; or there otherwise is comparable and	15256
nondiscriminatory access to the electric transmission grid.	15257

(2) Any such regional transmission organization has a	15258
market-monitor function and the ability to take actions to	15259
identify and mitigate market power or the electric distribution	15260
utility's market conduct; or a similar market monitoring function	15261
exists with commensurate ability to identify and monitor market	15262
conditions and mitigate conduct associated with the exercise of	15263
market power.	15264

(3) A published source of information is available publicly	15265
or through subscription that identifies pricing information for	15266
traded electricity on- and off-peak energy products that are	15267
contracts for delivery beginning at least two years from the date	15268
of the publication and is updated on a regular basis.	15269

The commission shall initiate a proceeding and, within ninety	15270
days after the application's filing date, shall determine by order	15271
whether the electric distribution utility and its market-rate	15272
offer meet all of the foregoing requirements. If the finding is	15273
positive, the electric distribution utility may initiate its	15274
competitive bidding process. If the finding is negative as to one	15275
or more requirements, the commission in the order shall direct	15276
the electric distribution utility regarding how any deficiency	15277
may be remedied in a timely manner to the commission's	15278
satisfaction; otherwise, the electric distribution utility shall	15279
withdraw the application. However, if such remedy is made and the	15280
subsequent finding is positive and also if the electric	15281
distribution utility made a simultaneous filing under this	15282
section and section 4928.143 of the Revised Code, the utility	15283
shall not initiate its competitive bid until at least one hundred	15284
fifty days after the filing date of those applications.	15285

(C) Upon the completion of the competitive bidding process	15286
authorized by divisions (A) and (B) of this section, including for	15287
the purpose of division (D) of this section, the commission shall	15288
select the least-cost bid winner or winners of that process, and	15289
such selected bid or bids, as prescribed as retail rates by the	15290
commission, shall be the electric distribution utility's	15291
standard service offer unless the commission, by order issued	15292
before the third calendar day following the conclusion of the	15293
competitive bidding process for the market rate offer, determines	15294
that one or more of the following criteria were not met:	15295

(1) Each portion of the bidding process was oversubscribed,	15296
such that the amount of supply bid upon was greater than the	15297
amount of the load bid out.	15298

(2) There were four or more bidders.

15299

(3) At least twenty-five per cent of the load is bid upon by	15300
one or more persons other than the electric distribution utility.	15301

All costs incurred by the electric distribution utility as a	15302
result of or related to the competitive bidding process or to	15303
procuring generation service to provide the standard service	15304
offer, including the costs of energy and capacity and the costs	15305
of all other products and services procured as a result of the	15306
competitive bidding process, shall be timely recovered through	15307
the standard service offer price, and, for that purpose, the	15308
commission shall approve a reconciliation mechanism, other	15309
recovery mechanism, or a combination of such mechanisms for the	15310
utility.	15311

(D) The first application filed under this section by an	15312
electric distribution utility that, as of ~~the effective date of~~	15313
~~this section~~July 31, 2008, directly owns, in whole or in part,	15314
operating electric generating facilities that had been used and	15315
useful in this state shall require that a portion of that	15316
utility's standard service offer load for the first five years	15317
of the market rate offer be competitively bid under division	15318
(A) of this section as follows: ten per cent of the load in	15319
year one ~~and~~, not ~~less~~more than twenty per cent in year two,	15320
thirty per cent in year three, forty per cent in year four,	15321
and fifty per cent in year five. Consistent with those	15322
percentages, the commission shall determine the actual	15323
percentages for each year of years one through five. The	15324
standard service offer price for retail electric generation	15325
service under this first application shall be a proportionate	15326
blend of the bid price and the generation service price for	15327
the remaining standard service offer load, which latter price	15328
shall be equal to the electric distribution utility's most	15329
recent standard service offer price, adjusted upward or	15330
downward as the commission determines reasonable, relative to	15331
the jurisdictional portion of any known and measurable changes	15332
from the level of any one or more of the following costs as	15333
reflected in that most recent standard service offer price:	15334

(1) The electric distribution utility's prudently incurred	15335
cost of fuel used to produce electricity;	15336

(2) Its prudently incurred purchased power costs;

15337

(3) Its prudently incurred costs of satisfying the supply and	15338
demand portfolio requirements of this state, including, but not	15339
limited to, renewable energy resource and energy efficiency	15340
requirements;	15341

(4) Its costs prudently incurred to comply with environmental	15342
laws and regulations, with consideration of the derating of any	15343
facility associated with those costs.	15344

In making any adjustment to the most recent standard service	15345
offer price on the basis of costs described in division (D) of	15346
this section, the commission shall include the benefits that may	15347
become available to the electric distribution utility as a result	15348
of or in connection with the costs included in the adjustment,	15349
including, but not limited to, the utility's receipt of emissions	15350
credits or its receipt of tax benefits or of other benefits, and,	15351
accordingly, the commission may impose such conditions on the	15352
adjustment to ensure that any such benefits are properly aligned	15353
with the associated cost responsibility. The commission shall	15354
also determine how such adjustments will affect the electric	15355
distribution utility's return on common equity that may be	15356
achieved by those adjustments. The commission shall not apply its	15357
consideration of the return on common equity to reduce any	15358
adjustments authorized under this division unless the adjustments	15359
will cause the electric distribution utility to earn a return on	15360
common equity that is significantly in excess of the return on	15361
common equity that is earned by publicly traded companies,	15362
including utilities, that face comparable business and financial	15363
risk, with such adjustments for capital structure as may be	15364
appropriate. The burden of proof for demonstrating that	15365
significantly excessive earnings will not occur shall be on the	15366
electric distribution utility.	15367

Additionally, the commission may adjust the electric	15368
distribution utility's most recent standard service offer price by	15369
such just and reasonable amount that the commission determines	15370
necessary to address any emergency that threatens the utility's	15371
financial integrity or to ensure that the resulting revenue	15372
available to the utility for providing the standard service offer	15373
is not so inadequate as to result, directly or indirectly, in a	15374
taking of property without compensation pursuant to Section 19 of	15375
Article I, Ohio Constitution. The electric distribution utility	15376
has the burden of demonstrating that any adjustment to its most	15377
recent standard service offer price is proper in accordance with	15378
this division.	15379

(E) Beginning in the second year of a blended price under	15380
division (D) of this section and notwithstanding any other	15381
requirement of this section, the commission may alter	15382
prospectively the proportions specified in that division to	15383
mitigate any effect of an abrupt or significant change in the	15384
electric distribution utility's standard service offer price that	15385
would otherwise result in general or with respect to any rate	15386
group or rate schedule but for such alteration. Any such	15387
alteration shall be made not more often than annually, and the	15388
commission shall not, by altering those proportions and in any	15389
event, including because of the length of time, as authorized	15390
under division (C) of this section, taken to approve the market	15391
rate offer, cause the duration of the blending period to exceed	15392
ten years as counted from the effective date of the approved	15393
market rate offer. Additionally, any such alteration shall be	15394
limited to an alteration affecting the prospective proportions	15395
used during the blending period and shall not affect any blending	15396
proportion previously approved and applied by the commission	15397
under this division.	15398

(F) An electric distribution utility that has received	15399
commission approval of its first application under division (C) of	15400
this section shall not, nor ever shall be authorized or required	15401
by the commission to, file an application under section 4928.143	15402
of the Revised Code.	15403

Sec. 5101.5211. (A) As used in sections 5101.5211 to	15404
5101.5216 of the Revised Code:	15405

"Children's buy-in program" means the program established	15406
under sections 5101.5211 to 5101.5216 of the Revised Code.	15407

"Countable family income" has the meaning established in	15408
rules adopted under section 5101.5215 of the Revised Code.	15409

"Creditable coverage" has the same meaning as in 42 U.S.C.	15410
300gg(c)(1), except that it does not mean medical assistance	15411
available under the children's buy-in program or the program for	15412
medically handicapped children.	15413

"Family" has the meaning established in rules adopted under	15414
section 5101.5215 of the Revised Code.	15415

"Federal poverty guidelines" has the same meaning as in	15416
section 5101.46 of the Revised Code.	15417

"Program for medically handicapped children" means the	15418
program established under sections 3701.021 to 3701.0210 of the	15419
Revised Code.	15420

(B) The director of job and family services shall establish	15421
the children's buy-in program in accordance with sections	15422
5101.5211 to 5101.5216 of the Revised Code. The director shall	15423
submit to the United States secretary of health and human	15424
services an amendment to the state medicaid plan, an amendment to	15425
the state child health plan, one or more requests for a federal	15426
waiver, or such an amendment and waiver requests as necessary to	15427
seek federal matching funds for the children's buy-in program.	15428
The director shall not begin implementation of the program until	15429
after submitting the amendment, waiver request, or both. The	15430
director may begin implementation of the program before receiving	15431
approval of the amendment, waiver request, or both using state	15432
funds only. The director shall implement the program regardless	15433
of whether the amendment, waiver request, or both are denied. The	15434
program shall be funded with state funds only if the United	15435
States secretary denies federal matching funds for the program.	15436
If the United States secretary approves federal matching funds for	15437
the program and if permitted under the terms of the approval, the	15438
program shall be operated as part of the medicaid program, the	15439
children's health insurance program, or both.	15440

Sec. 5101.5212. Under the children's buy-in program and	15441
subject to section 5101.5213 of the Revised Code, an individual	15442
who does both of the following in accordance with rules adopted	15443
under section 5101.5215 of the Revised Code qualifies for	15444
medical assistance under the program, unless the director of job	15445
and family services has adopted rules under division (B) of	15446
section 5101.5215 of the Revised Code to limit the number of	15447
individuals who may participate in the program at one time and the	15448
program is serving the maximum number of individuals specified in	15449
the rules:	15450

(A) Applies for the children's buy-in program;

15451

(B) Provides satisfactory evidence of all of the following:

15452

(1) That the individual is under nineteen years of age;

15453

(2) That the individual's countable family income exceeds	15454
~~three~~two hundred fifty per cent of the federal poverty	15455
guidelines;	15456

(3) That the individual has not had creditable coverage for	15457
at least six months before enrolling in the children's buy-in	15458
program;	15459

(4) That one or more of the following apply to the	15460
individual:	15461

(a) The individual is unable to obtain creditable coverage	15462
due to a pre-existing condition of the individual;	15463

(b) The individual lost the only creditable coverage	15464
available to the individual because the individual has exhausted	15465
a lifetime benefit limitation;	15466

(c) The premium for the only creditable coverage available to	15467
the individual is greater than two hundred per cent of the premium	15468
applicable to the individual under the children's buy-in program;	15469

(d) The individual participates in the program for medically	15470
handicapped children.	15471

(5) That the individual meets the additional eligibility	15472
requirements for the children's buy-in program established in	15473
rules adopted under section 5101.5215 of the Revised Code.	15474

Sec. 5101.5213. (A) An individual participating in the	15475
children's buy-in program shall be charged a monthly premium	15476
established by rules adopted under section 5101.5215 of the	15477
Revised Code. The amount of the monthly premium shall not be less	15478
than the following:	15479

(1) In the case of an individual with countable family income	15480
exceeding ~~three~~two hundred fifty per cent but not exceeding	15481
four hundred per cent of the federal poverty guidelines, the	15482
following amount:	15483

(a) If no other member of the individual's family receives	15484
medical assistance under the program with the individual, one	15485
hundred dollars;	15486

(b) If one or more members of the individual's family receive	15487
medical assistance under the program with the individual, one	15488
hundred fifty dollars.	15489

(2) In the case of an individual with countable family income	15490
exceeding four hundred per cent but not exceeding five hundred	15491
per cent of the federal poverty guidelines, the following	15492
amount:	15493

(a) If no other member of the individual's family receives	15494
medical assistance under the program with the individual, one	15495
hundred twenty-five dollars;	15496

(b) If one or more members of the individual's family receive	15497
medical assistance under the program with the individual, one	15498
hundred seventy-five dollars.	15499

(3) In the case of an individual with countable family	15500
income exceeding five hundred per cent of the federal poverty	15501
guidelines, the full amount of the actuarially determined cost	15502
of the premium.	15503

(B) If the premium for the children's buy-in program is not	15504
paid for two consecutive months, the individual shall lose	15505
eligibility for the program. The individual may not resume	15506
participation in the program until the unpaid premiums that	15507
accrued before the individual lost eligibility are paid.	15508

Sec. 5101.5214. (A) An individual participating in the	15509
children's buy-in program ~~may~~shall be charged co-payments to	15510
~~the extent required~~established by rules~~, if any,~~ adopted under	15511
~~division (B) of~~ section 5101.5215 of the Revised Code.	15512

(B) Notwithstanding division (B) of section 5111.0112 of the	15513
Revised Code, if applicable, and to the extent permitted by	15514
federal law, a provider may refuse to provide a service to an	15515
individual if a co-payment ~~authorized~~required by this section is	15516
not paid.	15517

Sec. 5101.5215. (A) The director of job and family services	15518
shall adopt rules in accordance with Chapter 119. of the Revised	15519
Code as necessary to implement the children's buy-in program,	15520
including rules that do all of the following:	15521

(1) Establish the meaning of "countable family income" and	15522
"family";	15523

(2) For the purpose of section 5101.5212 of the Revised	15524
Code, establish additional eligibility requirements for the	15525
program;	15526

(3) For the purpose of section 5101.5213 of the Revised	15527
Code, establish monthly premiums for the children's buy-in	15528
program;	15529

(4) For the purpose of section 5101.5214 of the Revised Code,	15530
establish copayment requirements for the children's buy-in	15531
program.	15532

(B) The director may adopt rules in accordance with Chapter	15533
119. of the Revised Code to ~~establish co-payment requirements~~	15534
~~for~~limit the number of individuals ~~participating~~who may	15535
participate in the children's buy-in program at one time.	15536

Sec. 5101.572. (A) A third party shall cooperate with the	15537
department of job and family services in identifying individuals	15538
for the purpose of establishing third party liability pursuant to	15539
Title XIX of the Social Security Act, as amended.	15540

(B) In furtherance of the requirement in division (A) of this	15541
section and to allow the department to determine any period that	15542
the individual or the individual's spouse or dependent may have	15543
been covered by the third party and the nature of the coverage, a	15544
third party shall provide, as the department so chooses,	15545
information or access to information, or both, in the third	15546
party's electronic data system on the department's request and in	15547
accordance with division (C) of this section.	15548

(C)(1) If the department chooses to receive information	15549
directly, the third party shall provide the information under all	15550
of the following circumstances:	15551

(a) In a medium, format, and manner prescribed by the	15552
director of job and family services in rules adopted under section	15553
5101.591 of the Revised Code;	15554

(b) Free of charge;

15555

(c) Not later than the end of the thirtieth day after the	15556
department makes its request, unless a different time is agreed to	15557
by the director in writing.	15558

(2) If the department chooses to receive access to	15559
information, the third party shall provide access by a method	15560
prescribed by the director of job and family services in rules	15561
adopted under section 5101.591 of the Revised Code. In	15562
facilitating access, the department may enter into a trading	15563
partner agreement with the third party to permit the exchange of	15564
information via "ASC X 12N 270/271 Health Care Eligibility Benefit	15565
Inquiry and Response" transactions.	15566

(D) All of the following apply with respect to information	15567
provided by a third party to the department under this section:	15568

(1) The information is confidential and not a public record	15569
under section 149.43 of the Revised Code.	15570

(2) The release of information to the department is not to be	15571
considered a violation of any right of confidentiality or contract	15572
that the third party may have with covered persons including, but	15573
not limited to, contractees, beneficiaries, heirs, assignees, and	15574
subscribers.	15575

(3) The third party is immune from any liability that it may	15576
otherwise incur through its release of information to the	15577
department.	15578

The department of job and family services shall limit its use	15579
of information gained from third parties to purposes directly	15580
connected with the administration of the medicaid program and the	15581
child support program authorized by Title IV-D of the "Social	15582
Security Act."	15583

(E) No third party shall disclose to other parties or make	15584
use of any information regarding recipients of aid under Chapter	15585
5107. or 5111. of the Revised Code that it obtains from the	15586
department, except in the manner provided for by the director of	15587
job and family services in administrative rules.	15588

Sec. 5101.80. (A) As used in this section and in section	15589
5101.801 of the Revised Code:	15590

(1) "County family services agency" has the same meaning as	15591
in section 307.981 of the Revised Code.	15592

(2) "State agency" has the same meaning as in section 9.82 of	15593
the Revised Code.	15594

(3) "Title IV-A administrative agency" means both of the	15595
following:	15596

(a) A county family services agency or state agency	15597
administering a Title IV-A program under the supervision of the	15598
department of job and family services;	15599

(b) A government agency or private, not-for-profit entity	15600
administering a project funded in whole or in part with funds	15601
provided under the Title IV-A demonstration program created under	15602
section 5101.803 of the Revised Code.	15603

(4) "Title IV-A program" means all of the following that are	15604
funded in part with funds provided under the temporary assistance	15605
for needy families block grant established by Title IV-A of the	15606
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	15607
amended:	15608

(a) The Ohio works first program established under Chapter	15609
5107. of the Revised Code;	15610

(b) The prevention, retention, and contingency program	15611
established under Chapter 5108. of the Revised Code;	15612

(c) A program established by the general assembly or an	15613
executive order issued by the governor that is administered or	15614
supervised by the department of job and family services pursuant	15615
to section 5101.801 of the Revised Code;	15616

(d) The kinship permanency incentive program created under	15617
section 5101.802 of the Revised Code;	15618

(e) The Title IV-A demonstration program created under	15619
section 5101.803 of the Revised Code;	15620

(f) A component of a Title IV-A program identified under	15621
divisions (A)(4)(a) to (e) of this section that the Title IV-A	15622
state plan prepared under division (C)(1) of this section	15623
identifies as a component.	15624

(B) The department of job and family services shall act as	15625
the single state agency to administer and supervise the	15626
administration of Title IV-A programs. The Title IV-A state plan	15627
and amendments to the plan prepared under division (C) of this	15628
section are binding on Title IV-A administrative agencies. No	15629
Title IV-A administrative agency may establish, by rule or	15630
otherwise, a policy governing a Title IV-A program that is	15631
inconsistent with a Title IV-A program policy established, in rule	15632
or otherwise, by the director of job and family services.	15633

(C) The department of job and family services shall do all of	15634
the following:	15635

(1) Prepare and submit to the United States secretary of	15636
health and human services a Title IV-A state plan for Title IV-A	15637
programs;	15638

(2) Prepare and submit to the United States secretary of	15639
health and human services amendments to the Title IV-A state plan	15640
that the department determines necessary, including amendments	15641
necessary to implement Title IV-A programs identified in divisions	15642
(A)(4)(c) to (f) of this section;	15643

(3) Prescribe forms for applications, certificates, reports,	15644
records, and accounts of Title IV-A administrative agencies, and	15645
other matters related to Title IV-A programs;	15646

(4) Make such reports, in such form and containing such	15647
information as the department may find necessary to assure the	15648
correctness and verification of such reports, regarding Title IV-A	15649
programs;	15650

(5) Require reports and information from each Title IV-A	15651
administrative agency as may be necessary or advisable regarding a	15652
Title IV-A program;	15653

(6) Afford a fair hearing in accordance with section 5101.35	15654
of the Revised Code to any applicant for, or participant or former	15655
participant of, a Title IV-A program aggrieved by a decision	15656
regarding the program;	15657

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	15658
and 5108. of the Revised Code and sections 5101.801, 5101.802, and	15659
5101.803 of the Revised Code, any sums appropriated by the general	15660
assembly for the purpose of those chapters and sections and all	15661
sums paid to the state by the secretary of the treasury of the	15662
United States as authorized by Title IV-A of the "Social Security	15663
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended;	15664

(8) Conduct investigations and audits as are necessary	15665
regarding Title IV-A programs;	15666

(9) Enter into reciprocal agreements with other states	15667
relative to the provision of Ohio works first and prevention,	15668
retention, and contingency to residents and nonresidents;	15669

(10) Contract with a private entity to conduct an independent	15670
on-going evaluation of the Ohio works first program and the	15671
prevention, retention, and contingency program. The contract must	15672
require the private entity to do all of the following:	15673

(a) Examine issues of process, practice, impact, and	15674
outcomes;	15675

(b) Study former participants of Ohio works first who have	15676
not participated in Ohio works first for at least one year to	15677
determine whether they are employed, the type of employment in	15678
which they are engaged, the amount of compensation they are	15679
receiving, whether their employer provides health insurance,	15680
whether and how often they have received benefits or services	15681
under the prevention, retention, and contingency program, and	15682
whether they are successfully self sufficient;	15683

(c) Provide the department with reports at times the	15684
department specifies.	15685

(11) Not later than ~~January 1, 2001, and~~ the ~~first~~last day	15686
of each January and July ~~thereafter~~, prepare a report containing	15687
information on the following:	15688

(a) Individuals exhausting the time limits for participation	15689
in Ohio works first set forth in section 5107.18 of the Revised	15690
Code.	15691

(b) Individuals who have been exempted from the time limits	15692
set forth in section 5107.18 of the Revised Code and the reasons	15693
for the exemption.	15694

(D) The department shall provide copies of the reports it	15695
receives under division (C)(10) of this section and prepares under	15696
division (C)(11) of this section to the governor, the president	15697
and minority leader of the senate, and the speaker and minority	15698
leader of the house of representatives. The department shall	15699
provide copies of the reports to any private or government entity	15700
on request.	15701

(E) An authorized representative of the department or a	15702
county family services agency or state agency administering a	15703
Title IV-A program shall have access to all records and	15704
information bearing thereon for the purposes of investigations	15705
conducted pursuant to this section. An authorized representative	15706
of a government entity or private, not-for-profit entity	15707
administering a project funded in whole or in part with funds	15708
provided under the Title IV-A demonstration program shall have	15709
access to all records and information bearing on the project for	15710
the purpose of investigations conducted pursuant to this section.	15711

Sec. 5111.0210. Until July 1, 2009, the director of job and	15712
family services shall not change the medicaid reimbursement rates	15713
that apply to providers of durable medical equipment from the	15714
rates that are in effect on the effective date of this section.	15715

On and after July 1, 2009, the director shall establish	15716
medicaid reimbursement rates that apply to providers of durable	15717
medical equipment by using a cost analysis methodology. The	15718
methodology shall include a statistically valid sample of all	15719
types of durable medical equipment providers in this state,	15720
including providers that have a large volume of sales, providers	15721
that have a small volume of sales, and providers that operate	15722
predominantly in rural, suburban, or metropolitan areas. The	15723
statistical mean that is derived by using the cost analysis	15724
methodology shall be used by the director to establish the	15725
medicaid rates that apply to providers of durable medical	15726
equipment.	15727

Sec. 5111.032. (A) As used in this section:

15728

(1) "Criminal records check" has the same meaning as in	15729
section 109.572 of the Revised Code.	15730

(2) "Department" includes a designee of the department of job	15731
and family services.	15732

(3) "Owner" means a person who has an ownership interest in a	15733
provider in an amount designated by the department of job and	15734
family services in rules adopted under this section.	15735

(4) "Provider" means a person, institution, or entity that	15736
has a provider agreement with the department of job and family	15737
services pursuant to Title XIX of the "Social Security Act," 49	15738
State. 620 (1965), 42 U.S.C. 1396, as amended.	15739

(B)(1) Except as provided in division (B)(2) of this section,	15740
the department of job and family services may require that any	15741
provider, applicant to be a provider, employee or prospective	15742
employee of a provider, owner or prospective owner of a provider,	15743
officer or prospective officer of a provider, or board member or	15744
prospective board member of a provider submit to a criminal	15745
records check as a condition of obtaining a provider agreement,	15746
continuing to hold a provider agreement, being employed by a	15747
provider, having an ownership interest in a provider, or being an	15748
officer or board member of a provider. The department may	15749
designate the categories of persons who are subject to the	15750
criminal records check requirement. The department shall designate	15751
the times at which the criminal records checks must be conducted.	15752

(2) The section does not apply to providers, applicants to be	15753
providers, employees of a provider, or prospective employees of a	15754
provider who are subject to criminal records checks under section	15755
5111.033 or 5111.034 of the Revised Code.	15756

(C)(1) The department shall inform each provider or applicant	15757
to be a provider whether the provider or applicant is subject to a	15758
criminal records check requirement under division (B) of this	15759
section. For providers, the information shall be given at times	15760
designated in rules adopted under this section. For applicants to	15761
be providers, the information shall be given at the time of	15762
initial application. When the information is given, the department	15763
shall specify which of the provider's or applicant's employees or	15764
prospective employees, owners or prospective owners, officers or	15765
prospective officers, or board members or prospective board	15766
members are subject to the criminal records check requirement.	15767

(2) At times designated in rules adopted under this section,	15768
a provider that is subject to the criminal records check	15769
requirement shall inform each person specified by the department	15770
under division (C)(1) of this section that the person is required,	15771
as applicable, to submit to a criminal records check for final	15772
consideration for employment in a full-time, part-time, or	15773
temporary position; as a condition of continued employment; or as	15774
a condition of becoming or continuing to be an officer, board	15775
member or owner of a provider.	15776

(D)(1) If a provider or applicant to be a provider is subject	15777
to a criminal records check under this section, the department	15778
shall require the conduct of a criminal records check by the	15779
superintendent of the bureau of criminal identification and	15780
investigation. If a provider or applicant to be a provider for	15781
whom a criminal records check is required does not present proof	15782
of having been a resident of this state for the five-year period	15783
immediately prior to the date the criminal records check is	15784
requested or provide evidence that within that five-year period	15785
the superintendent has requested information about the individual	15786
from the federal bureau of investigation in a criminal records	15787
check, the department shall require the provider or applicant to	15788
request that the superintendent obtain information from the	15789
federal bureau of investigation as part of the criminal records	15790
check of the provider or applicant. Even if a provider or	15791
applicant for whom a criminal records check request is required	15792
presents proof of having been a resident of this state for the	15793
five-year period, the department may require that the provider or	15794
applicant request that the superintendent obtain information from	15795
the federal bureau of investigation and include it in the criminal	15796
records check of the provider or applicant.	15797

(2) A provider shall require the conduct of a criminal	15798
records check by the superintendent with respect to each of the	15799
persons specified by the department under division (C)(1) of this	15800
section. If the person for whom a criminal records check is	15801
required does not present proof of having been a resident of this	15802
state for the five-year period immediately prior to the date the	15803
criminal records check is requested or provide evidence that	15804
within that five-year period the superintendent of the bureau of	15805
criminal identification and investigation has requested	15806
information about the individual from the federal bureau of	15807
investigation in a criminal records check, the individual shall	15808
request that the superintendent obtain information from the	15809
federal bureau of investigation as part of the criminal records	15810
check of the individual. Even if an individual for whom a criminal	15811
records check request is required presents proof of having been a	15812
resident of this state for the five-year period, the department	15813
may require the provider to request that the superintendent obtain	15814
information from the federal bureau of investigation and include	15815
it in the criminal records check of the person.	15816

(E)(1) Criminal records checks required under this section	15817
for providers or applicants to be providers shall be obtained as	15818
follows:	15819

(a) The department shall provide each provider or applicant	15820
information about accessing and completing the form prescribed	15821
pursuant to division (C)(1) of section 109.572 of the Revised Code	15822
and the standard fingerprint impression sheet prescribed pursuant	15823
to division (C)(2) of that section.	15824

(b) The provider or applicant shall submit the required form	15825
and one complete set of fingerprint impressions directly to the	15826
superintendent for purposes of conducting the criminal records	15827
check using the applicable methods prescribed by division (C) of	15828
section 109.572 of the Revised Code. The applicant or provider	15829
shall pay all fees associated with obtaining the criminal records	15830
check.	15831

(c) The superintendent shall conduct the criminal records	15832
check in accordance with section 109.572 of the Revised Code. The	15833
provider or applicant shall instruct the superintendent to submit	15834
the report of the criminal records check directly to the director	15835
of job and family services.	15836

(2) Criminal records checks required under this section for	15837
persons specified by the department under division (C)(1) of this	15838
section shall be obtained as follows:	15839

(a) The provider shall give to each person subject to	15840
criminal records check requirement information about accessing and	15841
completing the form prescribed pursuant to division (C)(1) of	15842
section 109.572 of the Revised Code and the standard fingerprint	15843
impression sheet prescribed pursuant to division (C)(2) of that	15844
section.	15845

(b) The person shall submit the required form and one	15846
complete set of fingerprint impressions directly to the	15847
superintendent for purposes of conducting the criminal records	15848
check using the applicable methods prescribed by division (C) of	15849
section 109.572 of the Revised Code. The person shall pay all fees	15850
associated with obtaining the criminal records check.	15851

(c) The superintendent shall conduct the criminal records	15852
check in accordance with section 109.572 of the Revised Code. The	15853
person subject to the criminal records check shall instruct the	15854
superintendent to submit the report of the criminal records check	15855
directly to the provider. The department may require the provider	15856
to submit the report to the department.	15857

(F) If a provider or applicant to be a provider is given the	15858
information specified in division (E)(1)(a) of this section but	15859
fails to obtain a criminal records check, the department shall, as	15860
applicable, terminate the provider agreement or deny the	15861
application to be a provider.	15862

If a person is given the information specified in division	15863
(E)(2)(a) of this section but fails to obtain a criminal records	15864
check, the provider shall not, as applicable, permit the person to	15865
be an employee, owner, officer, or board member of the provider.	15866

(G) Except as provided in rules adopted under division (J) of	15867
this section, the department shall terminate the provider	15868
agreement of a provider or the department shall not issue a	15869
provider agreement to an applicant if the provider or applicant is	15870
subject to a criminal records check under this section and the	15871
provider or applicant has been convicted of, has pleaded guilty	15872
to, or has been found eligible for intervention in lieu of	15873
conviction for any of the following:	15874

(1) A violation of section 2903.01, 2903.02, 2903.03,	15875
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	15876
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	15877
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	15878
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	15879
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	15880
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	15881
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	15882
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	15883
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	15884
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	15885
3716.11 of the Revised Code, felonious sexual penetration in	15886
violation of former section 2907.12 of the Revised Code, a	15887
violation of section 2905.04 of the Revised Code as it existed	15888
prior to July 1, 1996, a violation of section 2919.23 of the	15889
Revised Code that would have been a violation of section 2905.04	15890
of the Revised Code as it existed prior to July 1, 1996, had the	15891
violation been committed prior to that date;	15892

(2) An existing or former law of this state, any other state,	15893
or the United States that is substantially equivalent to any of	15894
the offenses listed in division ~~(D)~~(G)(1) of this section.	15895

(H)(1)(a) Except as provided in rules adopted under division	15896
(J) of this section and subject to division (H)(2) of this	15897
section, no provider shall permit a person to be an employee,	15898
owner, officer, or board member of the provider if the person is	15899
subject to a criminal records check under this section and the	15900
person has been convicted of, has pleaded guilty to, or has been	15901
found eligible for intervention in lieu of conviction for any of	15902
the offenses specified in division (G)(1) or (2) of this section.	15903

(b) No provider shall employ a person who has been excluded	15904
from participating in the medicaid program, the medicare program	15905
operated pursuant to Title XVIII of the "Social Security Act," or	15906
any other federal health care program.	15907

(2)(a) A provider may employ conditionally a person for whom	15908
a criminal records check is required under this section prior to	15909
obtaining the results of a criminal records check regarding the	15910
person, but only if the person submits a request for a criminal	15911
records check not later than five business days after the	15912
individual begins conditional employment.	15913

(b) A provider that employs a person conditionally under	15914
authority of division (H)(2)(a) of this section shall terminate	15915
the person's employment if the results of the criminal records	15916
check request are not obtained within the period ending sixty days	15917
after the date the request is made. Regardless of when the results	15918
of the criminal records check are obtained, if the results	15919
indicate that the individual has been convicted of, has pleaded	15920
guilty to, or has been found eligible for intervention in lieu of	15921
conviction for any of the offenses specified in division (G)(1) or	15922
(2) of this section, the provider shall terminate the person's	15923
employment unless the provider chooses to employ the individual	15924
pursuant to division (J) of this section.	15925

(I) The report of a criminal records check conducted pursuant	15926
to this section is not a public record for the purposes of section	15927
149.43 of the Revised Code and shall not be made available to any	15928
person other than the following:	15929

(1) The person who is the subject of the criminal records	15930
check or the person's representative;	15931

(2) The director of job and family services and the staff of	15932
the department in the administration of the medicaid program;	15933

(3) A court, hearing officer, or other necessary individual	15934
involved in a case dealing with the denial or termination of a	15935
provider agreement;	15936

(4) A court, hearing officer, or other necessary individual	15937
involved in a case dealing with a person's denial of employment,	15938
termination of employment, or employment or unemployment benefits.	15939

(J) The department may adopt rules in accordance with Chapter	15940
119. of the Revised Code to implement this section. The rules may	15941
specify circumstances under which the department may continue a	15942
provider agreement or issue a provider agreement to an applicant	15943
when the provider or applicant has been convicted of, has pleaded	15944
guilty to, or has been found eligible for intervention in lieu of	15945
conviction for any of the offenses specified in division (G)(1) or	15946
(2) of this section. The rules may also specify circumstances	15947
under which a provider may permit a person to be an employee,	15948
owner, officer, or board member of the provider, when the person	15949
has been convicted of, has pleaded guilty to, or has been found	15950
eligible for intervention in lieu of conviction for any of the	15951
offenses specified in division (G)(1) or (2) of this section.	15952

Sec. 5111.091. ~~Every three months~~Not later than the first	15953
day of each calendar quarter, the director of job and family	15954
services shall submit a report to the president and minority	15955
leader of the senate ~~and~~, speaker and minority leader of the house	15956
of representatives, and the chairpersons of the committees of the	15957
senate and house of representatives that hear bills making	15958
biennial appropriations on the establishment and implementation of	15959
programs designed to control the increase of the cost of the	15960
medicaid program, increase the efficiency of the medicaid program,	15961
and promote better health outcomes.	15962

The report shall include information regarding all of the	15963
following:	15964

(A) Provider network management;

15965

(B) Electronic claims submission and payment systems;

15966

(C) Limited provider contracts and payments based on	15967
performance;	15968

(D) Efforts to enforce third party liability;

15969

(E) Implementation of the medicaid information technology	15970
system;	15971

(F) Expansion of the medicaid data warehouse and decision	15972
support system;	15973

(G) Development of infrastructure policies for electronic	15974
health records and e-prescribing.	15975

Sec. 5111.31. (A) Every provider agreement with the provider	15976
of a nursing facility or intermediate care facility for the	15977
mentally retarded shall:	15978

(1) Prohibit the provider from failing or refusing to retain	15979
as a patient any person because the person is, becomes, or may, as	15980
a patient in the facility, become a medicaid recipient. For the	15981
purposes of this division, a medicaid recipient who is a patient	15982
in a facility shall be considered a patient in the facility during	15983
any hospital stays totaling less than twenty-five days during any	15984
twelve-month period. Recipients who have been identified by the	15985
department of job and family services or its designee as requiring	15986
the level of care of an intermediate care facility for the	15987
mentally retarded shall not be subject to a maximum period of	15988
absences during which they are considered patients if prior	15989
authorization of the department for visits with relatives and	15990
friends and participation in therapeutic programs is obtained	15991
under rules adopted under section 5111.02 of the Revised Code.	15992

(2) Except as provided by division (B)(1) of this section,	15993
include any part of the facility that meets standards for	15994
certification of compliance with federal and state laws and rules	15995
for participation in the medicaid program.	15996

(3) Prohibit the provider from discriminating against any	15997
patient on the basis of race, color, sex, creed, or national	15998
origin.	15999

(4) Except as otherwise prohibited under section 5111.55 of	16000
the Revised Code, prohibit the provider from failing or refusing	16001
to accept a patient because the patient is, becomes, or may, as a	16002
patient in the facility, become a medicaid recipient if less than	16003
eighty per cent of the patients in the facility are medicaid	16004
recipients.	16005

(B)(1) Except as provided by division (B)(2) of this section,	16006
the following are not required to be included in a provider	16007
agreement unless otherwise required by federal law:	16008

(a) Beds added during the period beginning July 1, 1987, and	16009
ending July 1, 1993, to a nursing home licensed under Chapter	16010
3721. of the Revised Code;	16011

(b) Beds in an intermediate care facility for the mentally	16012
retarded that are designated for respite care under a medicaid	16013
waiver component operated pursuant to a waiver sought under	16014
section 5111.87 of the Revised Code;	16015

~~(c) Beds that are converted to providing home and~~	16016
~~community-based services under the ICF/MR conversion pilot program~~	16017
~~authorized by a waiver sought under division (B)(1) of section~~	16018
~~5111.88 of the Revised Code~~.	16019

(2) If a provider chooses to include a bed specified in	16020
division (B)(1)(a) of this section in a provider agreement, the	16021
bed may not be removed from the provider agreement unless the	16022
provider withdraws the facility in which the bed is located from	16023
the medicaid program.	16024

(C) Nothing in this section shall bar a provider that is a	16025
religious organization operating a religious or denominational	16026
nursing facility or intermediate care facility for the mentally	16027
retarded from giving preference to persons of the same religion or	16028
denomination. Nothing in this section shall bar any provider from	16029
giving preference to persons with whom the provider has	16030
contracted to provide continuing care.	16031

(D) Nothing in this section shall bar the provider of a	16032
county home organized under Chapter 5155. of the Revised Code from	16033
admitting residents exclusively from the county in which the	16034
county home is located.	16035

(E) No provider of a nursing facility or intermediate care	16036
facility for the mentally retarded for which a provider agreement	16037
is in effect shall violate the provider contract obligations	16038
imposed under this section.	16039

(F) Nothing in divisions (A) and (C) of this section shall	16040
bar a provider from retaining patients who have resided in the	16041
provider's facility for not less than one year as private pay	16042
patients and who subsequently become medicaid recipients, but	16043
refusing to accept as a patient any person who is or may, as a	16044
patient in the facility, become a medicaid recipient, if all of	16045
the following apply:	16046

(1) The provider does not refuse to retain any patient who	16047
has resided in the provider's facility for not less than one year	16048
as a private pay patient because the patient becomes a medicaid	16049
recipient, except as necessary to comply with division (F)(2) of	16050
this section;	16051

(2) The number of medicaid recipients retained under this	16052
division does not at any time exceed ten per cent of all the	16053
patients in the facility;	16054

(3) On July 1, 1980, all the patients in the facility were	16055
private pay patients.	16056

Sec. 5111.874. (A) As used in sections 5111.874 to 5111.879	16057
of the Revised Code:	16058

"Home and community-based services" has the same meaning as	16059
in section 5123.01 of the Revised Code.	16060

"ICF/MR services" means intermediate care facility for the	16061
mentally retarded services covered by the medicaid program that an	16062
intermediate care facility for the mentally retarded provides to a	16063
resident of the facility who is a medicaid recipient eligible for	16064
medicaid-covered intermediate care facility for the mentally	16065
retarded services.	16066

"Intermediate care facility for the mentally retarded" means	16067
an intermediate care facility for the mentally retarded that is	16068
certified as in compliance with applicable standards for the	16069
medicaid program by the director of health in accordance with	16070
Title XIX of the "Social Security Act," 79 Stat. 286 (1965), 42	16071
U.S.C. 1396, as amended, and licensed as a residential facility	16072
under section 5123.19 of the Revised Code.	16073

"Residential facility" has the same meaning as in section	16074
5123.19 of the Revised Code.	16075

(B) For the purpose of increasing the number of slots	16076
available for home and community-based services and subject to	16077
section 5111.877 of the Revised Code, the operator of an	16078
intermediate care facility for the mentally retarded may convert	16079
all of the beds in the facility from providing ICF/MR services to	16080
providing home and community-based services if all of the	16081
following requirements are met:	16082

(1) The operator provides the directors of health, job and	16083
family services, and mental retardation and developmental	16084
disabilities at least ninety days' notice of the operator's intent	16085
to relinquish the facility's certification as an intermediate care	16086
facility for the mentally retarded and to begin providing home and	16087
community-based services.	16088

(2) The operator complies with the requirements of sections	16089
5111.65 to 5111.688 of the Revised Code regarding a voluntary	16090
termination as defined in section 5111.65 of the Revised Code if	16091
those requirements are applicable.	16092

(3) The operator notifies each of the facility's residents	16093
that the facility is to cease providing ICF/MR services and inform	16094
each resident that the resident may do either of the following:	16095

(a) Continue to receive ICF/MR services by transferring to	16096
another facility that is an intermediate care facility for the	16097
mentally retarded willing and able to accept the resident if the	16098
resident continues to qualify for ICF/MR services;	16099

(b) Begin to receive home and community-based services	16100
instead of ICF/MR services from any provider of home and	16101
community-based services that is willing and able to provide the	16102
services to the resident if the resident is eligible for the	16103
services and a slot for the services is available to the resident.	16104

(4) The operator meets the requirements for providing home	16105
and community-based services, including the following:	16106

(a) Such requirements applicable to a residential facility if	16107
the operator maintains the facility's license as a residential	16108
facility;	16109

(b) Such requirements applicable to a facility that is not	16110
licensed as a residential facility if the operator surrenders the	16111
facility's residential facility license under section 5123.19 of	16112
the Revised Code.	16113

(5) The director of mental retardation and developmental	16114
disabilities approves the conversion.	16115

(C) The notice to the director of mental retardation and	16116
developmental disabilities under division (B)(1) of this section	16117
shall specify whether the operator wishes to surrender the	16118
facility's license as a residential facility under section 5123.19	16119
of the Revised Code.	16120

(D) If the director of mental retardation and developmental	16121
disabilities approves a conversion under division (B) of this	16122
section, the director of health shall terminate the certification	16123
of the intermediate care facility for the mentally retarded to be	16124
converted. The director of health shall notify the director of	16125
job and family services of the termination. On receipt of the	16126
director of health's notice, the director of job and family	16127
services shall terminate the operator's medicaid provider	16128
agreement that authorizes the operator to provide ICF/MR services	16129
at the facility. The operator is not entitled to notice or a	16130
hearing under Chapter 119. of the Revised Code before the	16131
director of job and family services terminates the medicaid	16132
provider agreement.	16133

Sec. 5111.875. (A) For the purpose of increasing the number	16134
of slots available for home and community-based services and	16135
subject to section 5111.877 of the Revised Code, a person who	16136
acquires, through a request for proposals issued by the director	16137
of mental retardation and developmental disabilities, a	16138
residential facility that is an intermediate care facility for	16139
the mentally retarded and for which the license as a residential	16140
facility was previously surrendered or revoked may convert some	16141
or all of the facility's beds from providing ICF/MR services to	16142
providing home and community-based services if all of the	16143
following requirements are met:	16144

(1) The person provides the directors of health, job and	16145
family services, and mental retardation and developmental	16146
disabilities at least ninety days' notice of the person's intent	16147
to make the conversion.	16148

(2) The person complies with the requirements of sections	16149
5111.65 to 5111.688 of the Revised Code regarding a voluntary	16150
termination as defined in section 5111.65 of the Revised Code if	16151
those requirements are applicable.	16152

(3) If the person intends to convert all of the facility's	16153
beds, the person notifies each of the facility's residents that	16154
the facility is to cease providing ICF/MR services and informs	16155
each resident that the resident may do either of the following:	16156

(a) Continue to receive ICF/MR services by transferring to	16157
another facility that is an intermediate care facility for the	16158
mentally retarded willing and able to accept the resident if the	16159
resident continues to qualify for ICF/MR services;	16160

(b) Begin to receive home and community-based services	16161
instead of ICF/MR services from any provider of home and	16162
community-based services that is willing and able to provide the	16163
services to the resident if the resident is eligible for the	16164
services and a slot for the services is available to the resident.	16165

(4) If the person intends to convert some but not all of the	16166
facility's beds, the person notifies each of the facility's	16167
residents that the facility is to convert some of its beds from	16168
providing ICF/MR services to providing home and community-based	16169
services and inform each resident that the resident may do either	16170
of the following:	16171

(a) Continue to receive ICF/MR services from any provider of	16172
ICF/MR services that is willing and able to provide the services	16173
to the resident if the resident continues to qualify for ICF/MR	16174
services;	16175

(b) Begin to receive home and community-based services	16176
instead of ICF/MR services from any provider of home and	16177
community-based services that is willing and able to provide the	16178
services to the resident if the resident is eligible for the	16179
services and a slot for the services is available to the resident.	16180

(5) The person meets the requirements for providing home and	16181
community-based services at a residential facility.	16182

(B) The notice provided to the directors under division	16183
(A)(1) of this section shall specify whether some or all of the	16184
facility's beds are to be converted. If some but not all of the	16185
beds are to be converted, the notice shall specify how many of	16186
the facility's beds are to be converted and how many of the beds	16187
are to continue to provide ICF/MR services.	16188

(C) On receipt of a notice under division (A)(1) of this	16189
section, the director of health shall do the following:	16190

(1) Terminate the certification of the intermediate care	16191
facility for the mentally retarded if the notice specifies that	16192
all of the facility's beds are to be converted;	16193

(2) Reduce the facility's certified capacity by the number of	16194
beds being converted if the notice specifies that some but not all	16195
of the beds are to be converted.	16196

(D) The director of health shall notify the director of job	16197
and family services of the termination or reduction under division	16198
(C) of this section. On receipt of the director of health's	16199
notice, the director of job and family services shall do the	16200
following:	16201

(1) Terminate the person's medicaid provider agreement that	16202
authorizes the person to provide ICF/MR services at the facility	16203
if the facility's certification was terminated;	16204

(2) Amend the person's medicaid provider agreement to reflect	16205
the facility's reduced certified capacity if the facility's	16206
certified capacity is reduced.	16207

The person is not entitled to notice or a hearing under	16208
Chapter 119. of the Revised Code before the director of job and	16209
family services terminates or amends the medicaid provider	16210
agreement.	16211

Sec. 5111.876. Subject to section 5111.877 of the Revised	16212
Code, the director of mental retardation and developmental	16213
disabilities may request that the director of job and family	16214
services seek the approval of the United States secretary of	16215
health and human services to increase the number of slots	16216
available for home and community-based services by a number not	16217
exceeding the number of beds that were part of the licensed	16218
capacity of a residential facility that had its license revoked or	16219
surrendered under section 5123.19 of the Revised Code if the	16220
residential facility was an intermediate care facility for the	16221
mentally retarded at the time of the license revocation or	16222
surrender. The revocation or surrender may have occurred before,	16223
or may occur on or after, the effective date of this section. The	16224
request may include beds the director removed from such a	16225
residential facility's licensed capacity before transferring	16226
ownership or operation of the residential facility pursuant to a	16227
request for proposals.	16228

Sec. 5111.877. The director of job and family services may	16229
seek approval from the United States secretary of health and human	16230
services for not more than a total of one hundred slots for home	16231
and community-based services for the purposes of sections	16232
5111.874, 5111.875, and 5111.876 of the Revised Code.	16233

Sec. 5111.878. No person or government entity may reconvert	16234
a bed to be used for ICF/MR services if the bed was converted to	16235
use for home and community-based services under section 5111.874	16236
or 5111.875 of the Revised Code. This prohibition applies	16237
regardless of either of the following:	16238

(A) The bed is part of the licensed capacity of a residential	16239
facility.	16240

(B) The bed has been sold, leased, or otherwise transferred	16241
to another person or government entity.	16242

Sec. 5111.879. The directors of job and family services and	16243
mental retardation and developmental disabilities may adopt rules	16244
in accordance with Chapter 119. of the Revised Code as necessary	16245
to implement sections 5111.874 to 5111.879 of the Revised Code.	16246

Sec. 5111.941. (A) The medicaid revenue and collections fund	16247
is hereby created in the state treasury. Except as otherwise	16248
provided by statute or as authorized by the controlling board, ~~the~~	16249
~~non-federal~~both of the following shall be credited to the fund:	16250

(1) The nonfederal share of all medicaid-related revenues,	16251
collections, and recoveries ~~shall be credited to the fund~~;	16252

(2) The monthly premiums charged under the children's buy-in	16253
program pursuant to section 5101.5213 of the Revised Code. ~~The~~	16254

(B) The department of job and family services shall use money	16255
credited to the medicaid revenue and collections fund to pay for	16256
medicaid services and contracts and the children's buy-in program	16257
established under sections 5101.5211 to 5101.5216 of the Revised	16258
Code.	16259

Sec. 5112.31. The department of job and family services	16260
shall do all of the following:	16261

(A) For the ~~purpose of providing home and community-based~~	16262
~~services for mentally retarded and developmentally disabled~~	16263
~~persons~~purposes specified in sections 5112.37 and 5112.371 of the	16264
Revised Code, annually assess each intermediate care facility for	16265
the mentally retarded a franchise permit fee equal to ~~nine~~twelve	16266
dollars and ~~sixty-three~~thirty-eight cents multiplied~~, except as~~	16267
~~adjusted under section 5112.311 of the Revised Code,~~ by the	16268
product of the following:	16269

(1) The number of beds certified under Title XIX of the	16270
"Social Security Act" on the first day of May of the calendar year	16271
in which the assessment is determined pursuant to division (A) of	16272
section 5112.33 of the Revised Code;	16273

(2) The number of days in the fiscal year beginning on the	16274
first day of July of the same calendar year.	16275

(B) Beginning July 1, ~~2007~~2009, and the first day of each	16276
July thereafter, adjust fees determined under division (A) of	16277
this section in accordance with the composite inflation factor	16278
established in rules adopted under section 5112.39 of the Revised	16279
Code.	16280

(C) If the United States secretary of health and human	16281
services determines that the franchise permit fee established by	16282
sections 5112.30 to 5112.39 of the Revised Code would be an	16283
impermissible health care-related tax under section 1903(w) of the	16284
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, take all	16285
necessary actions to cease implementation of those sections in	16286
accordance with rules adopted under section 5112.39 of the Revised	16287
Code.	16288

Sec. 5112.37. ~~All~~There is hereby created in the state	16289
treasury the home and community-based services for the mentally	16290
retarded and developmentally disabled fund. Ninety-seven and nine	16291
tenths per cent of all installment payments and penalties paid by	16292
an intermediate care facility for the mentally retarded under	16293
sections 5112.33 and 5112.34 of the Revised Code shall be	16294
deposited into the ~~"home and community-based services for the~~	16295
~~mentally retarded and developmentally disabled~~ fund~~," which is~~	16296
~~hereby created in the state treasury~~. The department of job and	16297
family services shall distribute the money in the fund in	16298
accordance with rules adopted under section 5112.39 of the Revised	16299
Code. The departments of job and family services and mental	16300
retardation and developmental disabilities shall use the money for	16301
the ~~medical assistance~~medicaid program established under Chapter	16302
5111. of the Revised Code and home and community-based services to	16303
mentally retarded and developmentally disabled persons.	16304

Sec. 5112.371. There is hereby created in the state treasury	16305
the autism preschool program fund. All installment payments and	16306
penalties paid by an intermediate care facility for the mentally	16307
retarded under sections 5112.33 and 5112.34 of the Revised Code	16308
that are not deposited into the home and community-based services	16309
for the mentally retarded and developmentally disabled fund shall	16310
be deposited into the autism preschool program fund. The money in	16311
the fund shall be used for the autism preschool program	16312
established under section 3323.36 of the Revised Code.	16313

Sec. 5123.0412. (A) The department of mental retardation and	16314
developmental disabilities shall charge each county board of	16315
mental retardation and developmental disabilities an annual fee	16316
equal to one and one-half per cent of the total value of all	16317
medicaid paid claims for ~~medicaid case management services and~~	16318
home and community-based services provided during the year to an	16319
individual eligible for services from the county board. No county	16320
board shall pass the cost of a fee charged to the county board	16321
under this section on to another provider of these services.	16322

(B) The fees collected under this section shall be deposited	16323
into the ODMR/DD administration and oversight fund and the ODJFS	16324
administration and oversight fund, both of which are hereby	16325
created in the state treasury. The portion of the fees to be	16326
deposited into the ODMR/DD administration and oversight fund and	16327
the portion of the fees to be deposited into the ODJFS	16328
administration and oversight fund shall be the portion specified	16329
in an interagency agreement entered into under division (C) of	16330
this section. The department of mental retardation and	16331
developmental disabilities shall use the money in the ODMR/DD	16332
administration and oversight fund and the department of job and	16333
family services shall use the money in the ODJFS administration	16334
and oversight fund for both of the following purposes:	16335

(1) The administrative and oversight costs of medicaid case	16336
management services and home and community-based services. The	16337
administrative and oversight costs shall include costs for staff,	16338
systems, and other resources the departments need and dedicate	16339
solely to the following duties associated with the services:	16340

(a) Eligibility determinations;

16341

(b) Training;

16342

16343

(d) Claims processing;

16344

(e) Quality assurance oversight;

16345

(f) Other duties the departments identify.

16346

(2) Providing technical support to county boards' local	16347
administrative authority under section 5126.055 of the Revised	16348
Code for the services.	16349

(C) The departments of mental retardation and developmental	16350
disabilities and job and family services shall enter into an	16351
interagency agreement to do both of the following:	16352

(1) Specify which portion of the fees collected under this	16353
section is to be deposited into the ODMR/DD administration and	16354
oversight fund and which portion is to be deposited into the ODJFS	16355
administration and oversight fund;	16356

(2) Provide for the departments to coordinate the staff whose	16357
costs are paid for with money in the ODMR/DD administration and	16358
oversight fund and the ODJFS administration and oversight fund.	16359

(D) The departments shall submit an annual report to the	16360
director of budget and management certifying how the departments	16361
spent the money in the ODMR/DD administration and oversight fund	16362
and the ODJFS administration and oversight fund for the purposes	16363
specified in division (B) of this section.	16364

Sec. 5123.196. (A) Except as provided in division ~~(F)~~(E) of	16365
this section, the director of mental retardation and	16366
developmental disabilities shall not issue a license under	16367
section 5123.19 of the Revised Code on or after July 1, 2003, if	16368
issuance will result in there being more beds in all residential	16369
facilities licensed under that section than is permitted under	16370
division (B) of this section.	16371

(B) ~~Except as provided in division (D) of this section, the~~	16372
The maximum number of beds for the purpose of division (A) of	16373
this section shall not exceed ten thousand eight hundred	16374
thirty-eight minus, except as provided in division (C) of this	16375
section, both of the following:	16376

(1) The number of such beds that cease to be residential	16377
facility beds on or after July 1, 2003, because a residential	16378
facility license is revoked, terminated, or not renewed for any	16379
reason or is surrendered in accordance with section 5123.19 of the	16380
Revised Code ~~and after the issuance of an adjudication order~~	16381
~~pursuant to Chapter 119. of the Revised Code~~;	16382

(2) The number of such beds for which a licensee voluntarily	16383
converts to use for supported living on or after July 1, 2003.	16384

(C) The director is not required to reduce the maximum number	16385
of beds pursuant to division (B) of this section by a bed that	16386
ceases to be a residential facility bed if the director determines	16387
that the bed is needed to provide services to an individual with	16388
mental retardation or a developmental disability who resided in	16389
the residential facility in which the bed was located ~~unless the~~	16390
~~reason the bed ceases to be a residential facility bed is because~~	16391
~~it is converted to providing home and community-based services~~	16392
~~under the ICF/MR conversion pilot program that is authorized by a~~	16393
~~waiver sought under division (B)(1) of section 5111.88 of the~~	16394
~~Revised Code~~.	16395

(D) ~~The director shall increase the number of beds determined~~	16396
~~under division (B) of this section if necessary to enable the~~	16397
~~operator of a residential facility to do either of the following:~~	16398

~~(1) Obtain a residential facility license as required by~~	16399
~~section 5111.8814 of the Revised Code;~~	16400

~~(2) Reconvert beds to providing ICF/MR services under section~~	16401
~~5111.8811 of the Revised Code.~~	16402

~~(E)~~ The director shall maintain an up-to-date written record	16403
of the maximum number of residential facility beds provided for by	16404
division (B) of this section.	16405

~~(F)~~(E) The director may issue an interim license under	16406
division (S) of section 5123.19 of the Revised Code and issue,	16407
pursuant to rules adopted under division (H)(11) of that	16408
section, a waiver allowing a residential facility to admit more	16409
residents than the facility is licensed to admit regardless of	16410
whether the interim license or waiver will result in there being	16411
more beds in all residential facilities licensed under that	16412
section than is permitted under division (B) of this section.	16413

Sec. 5123.36. (A) To the extent funds are available and on	16414
application by a county board of mental retardation and	16415
developmental disabilities or private nonprofit agency	16416
incorporated to provide mental retardation or developmental	16417
disability services, the director of mental retardation and	16418
developmental disabilities may enter into an agreement with the	16419
county board or agency to assist the county board or agency with a	16420
mental retardation or developmental disability construction	16421
project. Except as provided by division (B) of this section, the	16422
director may provide up to ninety per cent of the total project	16423
cost where circumstances warrant. The director may, where	16424
circumstances warrant, use existing facilities or other in-kind	16425
match for the local share of the communities' share of the cost.	16426

(B) Upon the recommendation of the director, for projects of	16427
the highest priority of the department of mental retardation and	16428
developmental disabilities, the controlling board may authorize	16429
the director to provide more than ninety per cent of the total	16430
cost of a project under this section.	16431

(C) A county board is eligible for funds under this section	16432
for a project bid on or after January 1, 1992, under either	16433
section 153.07 or 307.86 of the Revised Code, as long as all other	16434
applicable requirements were followed.	16435

(D) A private nonprofit agency that receives funds pursuant	16436
to this section for the construction of a single-family home,	16437
including, where appropriate, the acquisition and installation of	16438
a single-family home fabricated in an off-site facility, is not	16439
subject to the requirements of Chapter 153. of the Revised Code	16440
with respect to the construction project, notwithstanding any	16441
provision of that chapter to the contrary.	16442

(E) The director may not assist a project under this section	16443
unless the controlling board or director of budget and management	16444
also approves the project pursuant to section 126.14 of the	16445
Revised Code.	16446

Sec. 5501.09. (A) There is hereby created within the	16447
division of multi-modal planning and programs the office of	16448
maritime transportation. The director of transportation shall	16449
assign to the office such duties, powers, and functions relating	16450
to state maritime transportation issues and activities as the	16451
director determines.	16452

(B) In addition to those duties, powers, and functions the	16453
director assigns to it, the office of maritime transportation	16454
shall exercise and perform such other duties, powers, and	16455
functions as are assigned to it by law.	16456

Sec. 5502.68. (A) There is hereby created in the state	16457
treasury the drug law enforcement fund. Three dollars out of each	16458
ten-dollar court cost imposed pursuant to section 2949.094 of the	16459
Revised Code shall be credited to the fund. Money in the fund	16460
shall be in an interest-bearing account, and all interest earned	16461
shall be credited to the fund. Money in the fund shall be used	16462
only in accordance with this section to award grants to counties,	16463
municipal corporations, townships, township police districts, and	16464
joint township police districts to defray the expenses that a drug	16465
task force organized in the county, or in the county in which the	16466
municipal corporation, township, or district is located, incurs in	16467
performing its functions related to the enforcement of the state's	16468
drug laws and other state laws related to illegal drug activity.	16469

The division of criminal justice services shall administer	16470
all money deposited into the drug law enforcement fund and, by	16471
rule adopted under Chapter 119. of the Revised Code, shall	16472
establish procedures for a county, municipal corporation,	16473
township, township police district, or joint township police	16474
district to apply for money from the fund to defray the expenses	16475
that a drug task force organized in the county, or in the county	16476
in which the municipal corporation, township, or district is	16477
located, incurs in performing its functions related to the	16478
enforcement of the state's drug laws and other state laws related	16479
to illegal drug activity, procedures and criteria for determining	16480
eligibility of applicants to be provided money from the fund, and	16481
procedures and criteria for determining the amount of money to be	16482
provided out of the fund to eligible applicants.	16483

The procedures and criteria for determining eligibility of	16484
applicants to be provided money from the fund and for determining	16485
the amount of money to be provided out of the fund to eligible	16486
applicants shall include, but not be limited to, all of the	16487
following:	16488

(1) Provisions requiring that, in order to be eligible to be	16489
provided money from the fund, a drug task force that applies for	16490
money from the fund must provide evidence that the drug task force	16491
will receive a local funding match of at least twenty-five per	16492
cent of the task force's projected operating costs in the period	16493
of time covered by the grant;	16494

(2) Provisions requiring that money from the fund be	16495
allocated and provided to drug task forces that apply for money	16496
from the fund in accordance with the following priorities:	16497

(a) Drug task forces that apply, that are in existence on the	16498
date of the application, and that are determined to be eligible	16499
applicants shall be given first priority to be provided money from	16500
the fund, in an amount that does not exceed their current nonlocal	16501
funding level.	16502

(b) If any moneys remain in the fund after all drug task	16503
forces that apply, that are in existence on the date of the	16504
application, and that are determined to be eligible applicants are	16505
provided money from the fund to the extent described in division	16506
(A)(2)(a) of this section, the following categories of drug task	16507
forces that apply and that are determined to be eligible	16508
applicants shall be given priority to be provided money from the	16509
fund in the order in which they apply for money from the fund:	16510

(i) Drug task forces that are not in existence on the date of	16511
the application;	16512

(ii) Drug task forces that are in existence on the date of	16513
the application, regarding any amount requested in their	16514
application that is in excess of their current nonlocal funding	16515
level.	16516

(B) As used in this section:

16517

(1) "Current nonlocal funding level" for a drug task force	16518
means the level of funding that exists on the effective date of	16519
this section for operating costs of the drug task force, minus the	16520
local funding match that the drug task force will receive as	16521
determined from evidence it provides as described in division	16522
(A)(1) of this section.	16523

(2) "Drug task force" means a drug task force organized in	16524
any county by the sheriff of the county, the prosecuting attorney	16525
of the county, the chief of police of the organized police	16526
department of any municipal corporation or township in the	16527
county, and the chief of police of the police force of any	16528
township police district or joint township police district in the	16529
county to perform functions related to the enforcement of state	16530
drug laws and other state laws related to illegal drug activity.	16531

Sec. 5525.01. Before entering into a contract the director	16532
of transportation shall advertise for bids for two consecutive	16533
weeks in one newspaper of general circulation published in the	16534
county in which the improvement or part thereof is located, but if	16535
there is no such newspaper then in one newspaper having general	16536
circulation in an adjacent county. The director may advertise for	16537
bids in such other publications as the director considers	16538
advisable. Such notices shall state that plans and specifications	16539
for the improvement are on file in the office of the director and	16540
the district deputy director of the district in which the	16541
improvement or part thereof is located and the time within which	16542
bids therefor will be received.	16543

Each bidder shall be required to file with the bidder's bid a	16544
bid guaranty in the form of a certified check or, a cashier's	16545
check, or an electronic funds transfer to the treasurer of state	16546
that is evidenced by a receipt or by a certification to the	16547
director of transportation in a form prescribed by the director	16548
that an electronic funds transfer has been made to the treasurer	16549
of state, for an amount equal to five per cent of the bidder's	16550
bid, but in no event more than fifty thousand dollars, or a bid	16551
bond for ten per cent of the bidder's bid, payable to the	16552
director, which check, transferred sum, or bond shall be forthwith	16553
returned to the bidder in case the contract is awarded to another	16554
bidder, or, in case of a successful bidder, when the bidder has	16555
entered into a contract and furnished the bonds required by	16556
section 5525.16 of the Revised Code. In the event the contract is	16557
awarded to a bidder, and the bidder fails or refuses to furnish	16558
the bonds as required by section 5525.16 of the Revised Code, the	16559
check, transferred sum, or bid bond filed with the bidder's bid	16560
shall be forfeited as liquidated damages. No bidder shall be	16561
required either to file a signed contract with the bidder's bid,	16562
to enter into a contract, or to furnish the contract performance	16563
bond and the payment bond required by that section until the bids	16564
have been opened and the bidder has been notified by the director	16565
that the bidder is awarded the contract.	16566

The director shall permit a bidder to withdraw the bidder's	16567
bid from consideration, without forfeiture of the ~~certified~~ check,	16568
transferred sum, or bid bond filed with the bid, providing a	16569
written request together with a sworn statement of the grounds for	16570
such withdrawal is delivered within forty-eight hours after the	16571
time established for the receipt of bids, and if the price bid was	16572
substantially lower than the other bids, providing the bid was	16573
submitted in good faith, and the reason for the price bid being	16574
substantially lower was a clerical mistake evident on the face of	16575
the bid, as opposed to a judgment mistake, and was actually due to	16576
an unintentional and substantial arithmetic error or an	16577
unintentional omission of a substantial quantity of work, labor,	16578
or material made directly in the compilation of the bid. In the	16579
event the director decides the conditions for withdrawal have not	16580
been met, the director may award the contract to such bidder. If	16581
such bidder does not then enter into a contract and furnish the	16582
contract bond as required by law, the director may declare	16583
forfeited the ~~certified~~ check, transferred sum, or bid bond as	16584
liquidated damages and award the contract to the next higher	16585
bidder or reject the remaining bids and readvertise the project	16586
for bids. Such bidder may, within thirty days, appeal the decision	16587
of the director to the court of common pleas of Franklin county	16588
and the court may affirm or reverse the decision of the director	16589
and may order the director to refund the amount of the forfeiture.	16590
At the hearing before the common pleas court evidence may be	16591
introduced for and against the decision of the director. The	16592
decision of the common pleas court may be appealed as in other	16593
cases.	16594

There is hereby created the ODOT letting fund, which shall be	16595
in the custody of the treasurer of state but shall not be part of	16596
the state treasury. All certified checks and cashiers' checks	16597
received with bidders' bids, and all sums transferred to the	16598
treasurer of state by electronic funds transfer in connection with	16599
bidders' bids, under this section shall be credited to the fund.	16600
All such bid guaranties shall be held in the fund until a	16601
determination is made as to the final disposition of the money. If	16602
the department determines that any such bid guaranty is no longer	16603
required to be held, the amount of the bid guaranty shall be	16604
returned to the appropriate bidder. If the department determines	16605
that a bid guaranty under this section shall be forfeited, the	16606
amount of the bid guaranty shall be transferred or, in the case of	16607
money paid on a forfeited bond, deposited into the state treasury,	16608
to the credit of the highway operating fund. Any investment	16609
earnings of the ODOT letting fund shall be distributed as the	16610
treasurer of state considers appropriate.	16611

The director shall require all bidders to furnish the	16612
director, upon such forms as the director may prescribe, detailed	16613
information with respect to all pending work of the bidder,	16614
whether with the department of transportation or otherwise,	16615
together with such other information as the director considers	16616
necessary.	16617

In the event a bidder fails to submit anything required to be	16618
submitted with the bid and then fails or refuses to so submit such	16619
at the request of the director, the failure or refusal constitutes	16620
grounds for the director, in the director's discretion, to declare	16621
as forfeited the bid guaranty submitted with the bid.	16622

The director may reject any or all bids. Except in regard to	16623
contracts for environmental remediation and specialty work for	16624
which there are no classes of work set out in the rules adopted by	16625
the director, if the director awards the contract, the director	16626
shall award it to the lowest competent and responsible bidder as	16627
defined by rules adopted by the director under section 5525.05 of	16628
the Revised Code, who is qualified to bid under sections 5525.02	16629
to 5525.09 of the Revised Code. In regard to contracts for	16630
environmental remediation and specialty work for which there are	16631
no classes of work set out in the rules adopted by the director,	16632
the director shall competitively bid the projects in accordance	16633
with this chapter and shall award the contracts to the lowest and	16634
best bidder.	16635

The award for all projects competitively let by the director	16636
under this section shall be made within ten days after the date on	16637
which the bids are opened, and the successful bidder shall enter	16638
into a contract and furnish a contract performance bond and a	16639
payment bond, as provided for in section 5525.16 of the Revised	16640
Code, within ten days after the bidder is notified that the bidder	16641
has been awarded the contract.	16642

The director may insert in any contract awarded under this	16643
chapter a clause providing for value engineering change proposals,	16644
under which a contractor who has been awarded a contract may	16645
propose a change in the plans and specifications of the project	16646
that saves the department time or money on the project without	16647
impairing any of the essential functions and characteristics of	16648
the project such as service life, reliability, economy of	16649
operation, ease of maintenance, safety, and necessary standardized	16650
features. If the director adopts the value engineering proposal,	16651
the savings from the proposal shall be divided between the	16652
department and the contractor according to guidelines established	16653
by the director, provided that the contractor shall receive at	16654
least fifty per cent of the savings from the proposal. The	16655
adoption of a value engineering proposal does not invalidate the	16656
award of the contract or require the director to rebid the	16657
project.	16658

Sec. 5703.19. (A) To carry out the purposes of the laws that	16659
the tax commissioner is required to administer, the commissioner	16660
or any person employed by the commissioner for that purpose, upon	16661
demand, may inspect books, accounts, records, and memoranda of any	16662
person or public utility subject to those laws, and may examine	16663
under oath any officer, agent, or employee of that person or	16664
public utility. Any person other than the commissioner who makes a	16665
demand pursuant to this section shall produce the person's	16666
authority to make the inspection.	16667

(B) If a person or public utility receives at least ten days'	16668
written notice of a demand made under division (A) of this section	16669
and refuses to comply with that demand, a penalty of five hundred	16670
dollars shall be imposed upon the person or public utility for	16671
each day the person or public utility refuses to comply with the	16672
demand. Penalties imposed under this division may be assessed and	16673
collected in the same manner as assessments made under Chapter	16674
3769., 4305., 5727., 5728., 5733., 5735., 5739., 5743., 5745.,	16675
5747., 5749., or ~~5753.~~5751., or sections 3734.90 to 3734.9014, of	16676
the Revised Code.	16677

Sec. 5703.21. (A) Except as provided in divisions (B) and	16678
(C) of this section, no agent of the department of taxation,	16679
except in the agent's report to the department or when called on	16680
to testify in any court or proceeding, shall divulge any	16681
information acquired by the agent as to the transactions,	16682
property, or business of any person while acting or claiming to	16683
act under orders of the department. Whoever violates this	16684
provision shall thereafter be disqualified from acting as an	16685
officer or employee or in any other capacity under appointment or	16686
employment of the department.	16687

(B)(1) For purposes of an audit pursuant to section 117.15 of	16688
the Revised Code, or an audit of the department pursuant to	16689
Chapter 117. of the Revised Code, or an audit, pursuant to that	16690
chapter, the objective of which is to express an opinion on a	16691
financial report or statement prepared or issued pursuant to	16692
division (A)(7) or (9) of section 126.21 of the Revised Code, the	16693
officers and employees of the auditor of state charged with	16694
conducting the audit shall have access to and the right to examine	16695
any state tax returns and state tax return information in the	16696
possession of the department to the extent that the access and	16697
examination are necessary for purposes of the audit. Any	16698
information acquired as the result of that access and examination	16699
shall not be divulged for any purpose other than as required for	16700
the audit or unless the officers and employees are required to	16701
testify in a court or proceeding under compulsion of legal	16702
process. Whoever violates this provision shall thereafter be	16703
disqualified from acting as an officer or employee or in any other	16704
capacity under appointment or employment of the auditor of state.	16705

(2) For purposes of an internal audit pursuant to section	16706
126.45 of the Revised Code, the officers and employees of the	16707
office of internal auditing in the office of budget and management	16708
charged with conducting the internal audit shall have access to	16709
and the right to examine any state tax returns and state tax	16710
return information in the possession of the department to the	16711
extent that the access and examination are necessary for purposes	16712
of the internal audit. Any information acquired as the result of	16713
that access and examination shall not be divulged for any purpose	16714
other than as required for the internal audit or unless the	16715
officers and employees are required to testify in a court or	16716
proceeding under compulsion of legal process. Whoever violates	16717
this provision shall thereafter be disqualified from acting as an	16718
officer or employee or in any other capacity under appointment or	16719
employment of the office of internal auditing.	16720

(3) As provided by section 6103(d)(2) of the Internal Revenue	16721
Code, any federal tax returns or federal tax information that the	16722
department has acquired from the internal revenue service, through	16723
federal and state statutory authority, may be disclosed to the	16724
auditor of state or the office of internal auditing solely for	16725
purposes of an audit of the department.	16726

(C) Division (A) of this section does not prohibit any of the	16727
following:	16728

(1) Divulging information contained in applications,	16729
complaints, and related documents filed with the department under	16730
section 5715.27 of the Revised Code or in applications filed with	16731
the department under section 5715.39 of the Revised Code;	16732

(2) Providing information to the office of child support	16733
within the department of job and family services pursuant to	16734
section 3125.43 of the Revised Code;	16735

(3) Disclosing to the board of motor vehicle collision repair	16736
registration any information in the possession of the department	16737
that is necessary for the board to verify the existence of an	16738
applicant's valid vendor's license and current state tax	16739
identification number under section 4775.07 of the Revised Code;	16740

(4) Providing information to the administrator of workers'	16741
compensation pursuant to sections 4123.271 and 4123.591 of the	16742
Revised Code;	16743

(5) Providing to the attorney general information the	16744
department obtains under division (J) of section 1346.01 of the	16745
Revised Code;	16746

(6) Permitting properly authorized officers, employees, or	16747
agents of a municipal corporation from inspecting reports or	16748
information pursuant to rules adopted under section 5745.16 of the	16749
Revised Code;	16750

(7) Providing information regarding the name, account number,	16751
or business address of a holder of a vendor's license issued	16752
pursuant to section 5739.17 of the Revised Code, a holder of a	16753
direct payment permit issued pursuant to section 5739.031 of the	16754
Revised Code, or a seller having a use tax account maintained	16755
pursuant to section 5741.17 of the Revised Code, or information	16756
regarding the active or inactive status of a vendor's license,	16757
direct payment permit, or seller's use tax account;	16758

(8) Releasing invoices or invoice information furnished under	16759
section 4301.433 of the Revised Code pursuant to that section;	16760

(9) Providing to a county auditor notices or documents	16761
concerning or affecting the taxable value of property in the	16762
county auditor's county. Unless authorized by law to disclose	16763
documents so provided, the county auditor shall not disclose such	16764
documents;	16765

(10) Providing to a county auditor sales or use tax return or	16766
audit information under section 333.06 of the Revised Code;	16767

(11) Subject to section 4301.441 of the Revised Code,	16768
disclosing to the appropriate state agency information in the	16769
possession of the department of taxation that is necessary to	16770
verify a permit holder's total gallonage or noncompliance with	16771
taxes levied under Chapter 4301. or 4305. of the Revised Code;	16772

(12) Disclosing to the department of natural resources	16773
information in the possession of the department that is necessary	16774
to verify the taxpayer's compliance with division (A)(1), (8), or	16775
(9) of section 5749.02 of the Revised Code.	16776

Sec. 5703.57. (A) As used in this section, "Ohio business	16777
gateway" has the same meaning as in section 718.051 of the Revised	16778
Code.	16779

(B) There is hereby created the Ohio business gateway	16780
steering committee to direct the continuing development of the	16781
Ohio business gateway and to oversee its operations. The committee	16782
shall provide general oversight regarding operation of the Ohio	16783
business gateway and shall recommend to the department of	16784
administrative services enhancements that will improve the Ohio	16785
business gateway. The committee shall consider all banking,	16786
technological, administrative, and other issues associated with	16787
the Ohio business gateway and shall make recommendations regarding	16788
the type of reporting forms or other tax documents to be filed	16789
through the Ohio business gateway.	16790

16791

(1) The following members, appointed by the governor with the	16792
advice and consent of the senate:	16793

(a) Not more than two representatives of the business	16794
community;	16795

(b) Not more than three representatives of municipal tax	16796
administrators; and	16797

16798

(2) The following ex officio members:

16799

(a) The director or other highest officer of each state	16800
agency that has tax reporting forms or other tax documents filed	16801
with it through the Ohio business gateway or the director's	16802
designee;	16803

(b) The secretary of state or the secretary of state's	16804
designee;	16805

(c) The treasurer of state or the treasurer of state's	16806
designee;	16807

(d) The director of budget and management or the director's	16808
designee;	16809

(e) The ~~director of the office of information technology~~	16810
state chief information officer or the ~~director's~~officer's	16811
designee; ~~and~~	16812

(f) The tax commissioner or the tax commissioner's designee;	16813
and	16814

(g) The director of development or the director's designee.

16815

An appointed member shall serve until the member resigns or	16816
is removed by the governor. Vacancies shall be filled in the same	16817
manner as original appointments.	16818

(D) A vacancy on the committee does not impair the right of	16819
the other members to exercise all the functions of the committee.	16820
The presence of a majority of the members of the committee	16821
constitutes a quorum for the conduct of business of the committee.	16822
The concurrence of at least a majority of the members of the	16823
committee is necessary for any action to be taken by the	16824
committee. On request, each member of the committee shall be	16825
reimbursed for the actual and necessary expenses incurred in the	16826
discharge of the member's duties.	16827

(E) The committee is a part of the department of taxation for	16828
administrative purposes.	16829

(F) Each year, the governor shall select a member of the	16830
committee to serve as chairperson. The chairperson shall appoint	16831
an official or employee of the department of taxation to act as	16832
the committee's secretary. The secretary shall keep minutes of the	16833
committee's meetings and a journal of all meetings, proceedings,	16834
findings, and determinations of the committee.	16835

(G) The committee shall hire professional, technical, and	16836
clerical staff needed to support its activities.	16837

(H) The committee shall meet as often as necessary to perform	16838
its duties.	16839

Sec. 5703.82. (A) Not later than April 1, 2009, the	16840
department of taxation shall acquire the necessary hardware,	16841
software, and services to establish and implement a tax discovery	16842
data system to increase the efficiency of tax collections in the	16843
state. The system must be fully integrated and pre-staged for	16844
the purposes of assisting in revenue analysis, discovering	16845
noncompliant taxpayers, and collecting taxes from those	16846
taxpayers. The system shall consolidate tax data from various	16847
mainframe systems and operate as a single tax discovery data	16848
system. The department shall contract, pursuant to a competitive	16849
bidding process, for the necessary hardware, software, and	16850
services to implement the tax discovery data system.	16851

(B) There is hereby created in the state treasury the	16852
discovery project fund. All money to the credit of the fund shall	16853
be used to pay the costs of implementing and operating the tax	16854
discovery data system and to defray the costs incurred by the	16855
department of taxation in administering the system.	16856

(C) Beginning July 1, 2009, on or before the first day of	16857
January, April, July, and October of each calendar year, the tax	16858
commissioner shall determine and certify to the director of budget	16859
and management the amount needed to pay the costs of operating the	16860
tax discovery data system in the previous calendar quarter and the	16861
costs incurred in the previous calendar quarter by the department	16862
of taxation in administering the system. The director shall	16863
provide for payment from the general revenue fund to the discovery	16864
project fund of the amount so certified.	16865

Sec. 5705.194. The board of education of any city, local,	16866
exempted village, cooperative education, or joint vocational	16867
school district at any time may declare by resolution that the	16868
revenue that will be raised by all tax levies which the district	16869
is authorized to impose, when combined with state and federal	16870
revenues, will be insufficient to provide for the emergency	16871
requirements of the school district or to avoid an operating	16872
deficit, and that it is therefore necessary to levy an additional	16873
tax in excess of the ten-mill limitation. The resolution shall be	16874
confined to a single purpose and shall specify that purpose. If	16875
the levy is proposed to renew all or a portion of the proceeds	16876
derived from one or more existing levies imposed pursuant to this	16877
section, it shall be called a renewal levy and shall be so	16878
designated on the ballot. If two or more existing levies are to be	16879
included in a single renewal levy but are not scheduled to expire	16880
in the same year, the resolution shall specify that the existing	16881
levies to be renewed shall not be levied after the year preceding	16882
the year in which the renewal levy is first imposed.	16883
Notwithstanding the original purpose of any one or more existing	16884
levies that are to be in any single renewal levy, the purpose of	16885
the renewal levy may be either to avoid an operating deficit or to	16886
provide for the emergency requirements of the school district. The	16887
resolution shall further specify the amount of money it is	16888
necessary to raise for the specified purpose for each calendar	16889
year the millage is to be imposed; if a renewal levy, whether the	16890
levy is to renew all, or a portion of, the proceeds derived from	16891
one or more existing levies; and the number of years in which the	16892
millage is to be in effect, which may include a levy upon the	16893
current year's tax list. The number of years may be any number	16894
not exceeding ~~five~~ten.	16895

The question shall be submitted at a special election on a	16896
date specified in the resolution. The date shall not be earlier	16897
than eighty days after the adoption and certification of the	16898
resolution to the county auditor and shall be consistent with the	16899
requirements of section 3501.01 of the Revised Code. A resolution	16900
for a renewal levy shall not be placed on the ballot unless the	16901
question is submitted on a date on which a special election may be	16902
held under division (D) of section 3501.01 of the Revised Code,	16903
except for the first Tuesday after the first Monday in February	16904
and August, during the last year the levy to be renewed may be	16905
extended on the real and public utility property tax list and	16906
duplicate, or at any election held in the ensuing year, except	16907
that if the resolution proposes renewing two or more existing	16908
levies, the question shall be submitted on the date of the general	16909
or primary election held during the last year at least one of the	16910
levies to be renewed may be extended on that list and duplicate,	16911
or at any election held during the ensuing year. For purposes of	16912
this section, a levy shall be considered to be an "existing levy"	16913
through the year following the last year it can be placed on the	16914
real and public utility property tax list and duplicate.	16915

The submission of questions to the electors under this	16916
section is subject to the limitation on the number of election	16917
dates established by section 5705.214 of the Revised Code.	16918

The resolution shall go into immediate effect upon its	16919
passage, and no publication of the resolution shall be necessary	16920
other than that provided for in the notice of election. A copy of	16921
the resolution shall immediately after its passing be certified to	16922
the county auditor of the proper county. Section 5705.195 of the	16923
Revised Code shall govern the arrangements for the submission of	16924
questions to the electors under this section and other matters	16925
concerning the election. Publication of notice of the election	16926
shall be made in one or more newspapers of general circulation in	16927
the county once a week for two consecutive weeks prior to the	16928
election, and, if the board of elections operates and maintains a	16929
web site, the board of elections shall post notice of the election	16930
on its web site for thirty days prior to the election. If a	16931
majority of the electors voting on the question submitted in an	16932
election vote in favor of the levy, the board of education of the	16933
school district may make the additional levy necessary to raise	16934
the amount specified in the resolution for the purpose stated in	16935
the resolution. The tax levy shall be included in the next tax	16936
budget that is certified to the county budget commission.	16937

After the approval of the levy and prior to the time when the	16938
first tax collection from the levy can be made, the board of	16939
education may anticipate a fraction of the proceeds of the levy	16940
and issue anticipation notes in an amount not exceeding the total	16941
estimated proceeds of the levy to be collected during the first	16942
year of the levy.	16943

The notes shall be issued as provided in section 133.24 of	16944
the Revised Code, shall have principal payments during each year	16945
after the year of their issuance over a period not to exceed five	16946
years, and may have principal payment in the year of their	16947
issuance.	16948

Sec. 5705.199. (A) At any time the board of education of a	16949
city, local, exempted village, cooperative education, or joint	16950
vocational school district, by a vote of two-thirds of all its	16951
members, may declare by resolution that the revenue that will be	16952
raised by all tax levies that the district is authorized to	16953
impose, when combined with state and federal revenues, will be	16954
insufficient to provide for the necessary requirements of the	16955
school district, and that it is therefore necessary to levy a tax	16956
in excess of the ten-mill limitation for the purpose of providing	16957
for the necessary requirements of the school district. Such a	16958
levy shall be proposed as a substitute for all or a portion of one	16959
or more existing levies imposed under sections 5705.194 to	16960
5705.197 of the Revised Code or under this section, by levying a	16961
tax as follows:	16962

(1) In the initial year the levy is in effect, the levy shall	16963
be in a specified amount of money equal to the aggregate annual	16964
dollar amount of proceeds derived from the levy or levies, or	16965
portion thereof, being substituted.	16966

(2) In each subsequent year the levy is in effect, the levy	16967
shall be in a specified amount of money equal to the sum of the	16968
following:	16969

(a) The dollar amount of the proceeds derived from the levy	16970
in the prior year; and	16971

(b) The dollar amount equal to the product of the total	16972
taxable value of all taxable property in the school district in	16973
the then-current year, excluding carryover property as defined in	16974
section 319.301 of the Revised Code, multiplied by the annual	16975
levy, expressed in mills for each one dollar of valuation, that	16976
was required to produce the annual dollar amount of the levy under	16977
this section in the prior year; provided, that the amount under	16978
division (A)(2)(b) of this section shall not be less than zero.	16979

(B) The resolution proposing the substitute levy shall	16980
specify the annual dollar amount the levy is to produce in its	16981
initial year; the first calendar year in which the levy will be	16982
due; and the term of the levy expressed in years, which may be	16983
any number not exceeding ten, or for a continuing period of	16984
time. The resolution shall specify the date of holding the	16985
election, which shall not be earlier than seventy-five days	16986
after certification of the resolution to the board of elections,	16987
and which shall be consistent with the requirements of section	16988
3501.01 of the Revised Code. If two or more existing levies are	16989
to be included in a single substitute levy, but are not	16990
scheduled to expire in the same year, the resolution shall	16991
specify that the existing levies to be substituted shall not be	16992
levied after the year preceding the year in which the substitute	16993
levy is first imposed.	16994

The resolution shall go into immediate effect upon its	16995
passage, and no publication of the resolution shall be necessary	16996
other than that provided for in the notice of election. A copy of	16997
the resolution shall immediately after its passage be certified to	16998
the county auditor in the manner provided by section 5705.195 of	16999
the Revised Code, and sections 5705.194 and 5705.196 of the	17000
Revised Code shall govern the arrangements for the submission of	17001
the question and other matters concerning the notice of election	17002
and the election, except as may be provided otherwise in this	17003
section.	17004

(C) The form of the ballot to be used at the election on the	17005
question of a levy under this section shall be as follows:	17006

"Shall a tax levy substituting for an existing levy be	17007
imposed by the .......... (here insert name of school district)	17008
for the purpose of providing for the necessary requirements of	17009
the school district in the initial sum of .......... (here insert	17010
the annual dollar amount the levy is to produce in its initial	17011
year), and a levy of taxes be made outside of the ten-mill	17012
limitation estimated by the county auditor to require ..........	17013
(here insert number of mills) mills for each one dollar of	17014
valuation, which amounts to .......... (here insert rate	17015
expressed in dollars and cents) for each one hundred dollars of	17016
valuation for the initial year of the tax, for a period of	17017
.......... (here insert the number of years the levy is to be	17018
imposed, or that it will be levied for a continuing period of	17019
time), commencing in .......... (first year the tax is to be	17020
levied), first due in calendar year .......... (first calendar	17021
year in which the tax shall be due), with the sum of such tax to	17022
increase only if and as new land or real property improvements	17023
not previously taxed by the school district are added to its tax	17024
list?	17025

17026

		FOR THE TAX LEVY			17027
		AGAINST THE TAX LEVY	"		17028

17029

If the levy submitted is a proposal to substitute all or a	17030
portion of more than one existing levy, the form of the ballot may	17031
be changed so long as the ballot reflects the number of levies to	17032
be substituted and that none of the existing levies to be	17033
substituted will be levied after the year preceding the year in	17034
which the substitute levy is first imposed. The form of the	17035
ballot shall be modified by substituting the statement "Shall a	17036
tax levy substituting for an existing levy" with "Shall a tax levy	17037
substituting for existing levies" and adding the following	17038
statement after "added to its tax list?" and before "For the Tax	17039
Levy":	17040

"If approved, any remaining tax years on any of the	17041
.......... (here insert the number of existing levies) existing	17042
levies will not be collected after .......... (here insert the	17043
current tax year or, if not the current tax year, the applicable	17044
tax year)."	17045

(D) The submission of questions to the electors under this	17046
section is subject to the limitation on the number of election	17047
dates established by section 5705.214 of the Revised Code.	17048

(E) If a majority of the electors voting on the question so	17049
submitted in an election vote in favor of the levy, the board of	17050
education may make the necessary levy within the school district	17051
at the rate and for the purpose stated in the resolution. The tax	17052
levy shall be included in the next tax budget that is certified to	17053
the county budget commission.	17054

(F) A levy for a continuing period of time may be decreased	17055
pursuant to section 5705.261 of the Revised Code.	17056

(G) A levy under this section substituting for all or a	17057
portion of one or more existing levies imposed under sections	17058
5705.194 to 5705.197 of the Revised Code or under this section	17059
shall be treated as having renewed the levy or levies being	17060
substituted for purposes of the payments made under sections	17061
5751.20 to 5751.22 of the Revised Code.	17062

(H) After the approval of a levy on the current tax list and	17063
duplicate, and prior to the time when the first tax collection	17064
from the levy can be made, the board of education may anticipate	17065
a fraction of the proceeds of the levy and issue anticipation	17066
notes in a principal amount not exceeding fifty per cent of the	17067
total estimated proceeds of the levy to be collected during the	17068
first year of the levy. The notes shall be issued as provided in	17069
section 133.24 of the Revised Code, shall have principal	17070
payments during each year after the year of their issuance over	17071
a period not to exceed five years, and may have a principal	17072
payment in the year of their issuance.	17073

Sec. 5705.214. Not more than three elections during any	17074
calendar year shall include the questions by a school district of	17075
tax levies proposed under any one or any combination of the	17076
following sections: sections 5705.194, 5705.199, 5705.21,	17077
5705.212, 5705.213, 5705.217, and 5705.218 of the Revised Code.	17078

Sec. 5705.29. This section does not apply to a subdivision or	17079
taxing unit for which the county budget commission has waived the	17080
requirement to adopt a tax budget pursuant to section 5705.281 of	17081
the Revised Code. The tax budget shall present the following	17082
information in such detail as is prescribed by the auditor of	17083
state:	17084

(A)(1) A statement of the necessary current operating	17085
expenses for the ensuing fiscal year for each department and	17086
division of the subdivision, classified as to personal services	17087
and other expenses, and the fund from which such expenditures are	17088
to be made. Except in the case of a school district, this estimate	17089
may include a contingent expense not designated for any particular	17090
purpose, and not to exceed three per cent of the total amount of	17091
appropriations for current expenses. In the case of a school	17092
district, this estimate may include a contingent expense not	17093
designated for any particular purpose and not to exceed thirteen	17094
per cent of the total amount of appropriations for current	17095
expenses.	17096

(2) A statement of the expenditures for the ensuing fiscal	17097
year necessary for permanent improvements, exclusive of any	17098
expense to be paid from bond issues, classified as to the	17099
improvements contemplated by the subdivision and the fund from	17100
which such expenditures are to be made;	17101

(3) The amounts required for the payment of final judgments;

17102

(4) A statement of expenditures for the ensuing fiscal year	17103
necessary for any purpose for which a special levy is authorized,	17104
and the fund from which such expenditures are to be made;	17105

(5) Comparative statements, so far as possible, in parallel	17106
columns of corresponding items of expenditures for the current	17107
fiscal year and the two preceding fiscal years.	17108

(B)(1) An estimate of receipts from other sources than the	17109
general property tax during the ensuing fiscal year, which shall	17110
include an estimate of unencumbered balances at the end of the	17111
current fiscal year, and the funds to which such estimated	17112
receipts are credited;	17113

(2) The amount each fund requires from the general property	17114
tax, which shall be the difference between the contemplated	17115
expenditure from the fund and the estimated receipts, as provided	17116
in this section. The section of the Revised Code under which the	17117
tax is authorized shall be set forth.	17118

(3) Comparative statements, so far as possible, in parallel	17119
columns of taxes and other revenues for the current fiscal year	17120
and the two preceding fiscal years.	17121

(C)(1) The amount required for debt charges;

17122

(2) The estimated receipts from sources other than the tax	17123
levy for payment of such debt charges, including the proceeds of	17124
refunding bonds to be issued to refund bonds maturing in the next	17125
succeeding fiscal year;	17126

(3) The net amount for which a tax levy shall be made,	17127
classified as to bonds authorized and issued prior to January 1,	17128
1922, and those authorized and issued subsequent to such date, and	17129
as to what portion of the levy will be within and what in excess	17130
of the ten-mill limitation.	17131

(D) An estimate of amounts from taxes authorized to be levied	17132
in excess of the ten-mill limitation on the tax rate, and the fund	17133
to which such amounts will be credited, together with the sections	17134
of the Revised Code under which each such tax is exempted from all	17135
limitations on the tax rate.	17136

(E)(1) A board of education may include in its budget for the	17137
fiscal year in which a levy proposed under section 5705.194,	17138
5705.199, 5705.21, or 5705.213, or the original levy under section	17139
5705.212 of the Revised Code is first extended on the tax list and	17140
duplicate an estimate of expenditures to be known as a voluntary	17141
contingency reserve balance, which shall not be greater than	17142
twenty-five per cent of the total amount of the levy estimated to	17143
be available for appropriation in such year.	17144

(2) A board of education may include in its budget for the	17145
fiscal year following the year in which a levy proposed under	17146
section 5705.194, 5705.199, 5705.21, or 5705.213, or the original	17147
levy under section 5705.212 of the Revised Code is first extended	17148
on the tax list and duplicate an estimate of expenditures to be	17149
known as a voluntary contingency reserve balance, which shall not	17150
be greater than twenty per cent of the amount of the levy	17151
estimated to be available for appropriation in such year.	17152

(3) Except as provided in division (E)(4) of this section,	17153
the full amount of any reserve balance the board includes in its	17154
budget shall be retained by the county auditor and county	17155
treasurer out of the first semiannual settlement of taxes until	17156
the beginning of the next succeeding fiscal year, and thereupon,	17157
with the depository interest apportioned thereto, it shall be	17158
turned over to the board of education, to be used for the purposes	17159
of such fiscal year.	17160

(4) A board of education, by a two-thirds vote of all members	17161
of the board, may appropriate any amount withheld as a voluntary	17162
contingency reserve balance during the fiscal year for any lawful	17163
purpose, provided that prior to such appropriation the board of	17164
education has authorized the expenditure of all amounts	17165
appropriated for contingencies under section 5705.40 of the	17166
Revised Code. Upon request by the board of education, the county	17167
auditor shall draw a warrant on the district's account in the	17168
county treasury payable to the district in the amount requested.	17169

(F)(1) A board of education may include a spending reserve in	17170
its budget for fiscal years ending on or before June 30, 2002. The	17171
spending reserve shall consist of an estimate of expenditures not	17172
to exceed the district's spending reserve balance. A district's	17173
spending reserve balance is the amount by which the designated	17174
percentage of the district's estimated personal property taxes to	17175
be settled during the calendar year in which the fiscal year ends	17176
exceeds the estimated amount of personal property taxes to be so	17177
settled and received by the district during that fiscal year.	17178
Moneys from a spending reserve shall be appropriated in accordance	17179
with section 133.301 of the Revised Code.	17180

(2) For the purposes of computing a school district's	17181
spending reserve balance for a fiscal year, the designated	17182
percentage shall be as follows:	17183

Fiscal year ending in:	Designated percentage	17184
1998	50%	17185
1999	40%	17186
2000	30%	17187
2001	20%	17188
2002	10%	17189

(G) Except as otherwise provided in this division, the county	17190
budget commission shall not reduce the taxing authority of a	17191
subdivision as a result of the creation of a reserve balance	17192
account. Except as otherwise provided in this division, the county	17193
budget commission shall not consider the amount in a reserve	17194
balance account of a township, county, or municipal corporation as	17195
an unencumbered balance or as revenue for the purposes of division	17196
(E)(3) or (4) of section 5747.51 of the Revised Code. The county	17197
budget commission may require documentation of the reasonableness	17198
of the reserve balance held in any reserve balance account. The	17199
commission shall consider any amount in a reserve balance account	17200
that it determines to be unreasonable as unencumbered and as	17201
revenue for the purposes of ~~sections~~section 5747.51 of the	17202
Revised Code and may take such amounts into consideration when	17203
determining whether to reduce the taxing authority of a	17204
subdivision.	17205

Sec. 5709.121. (A) Real property and tangible personal	17206
property belonging to a charitable or educational institution or	17207
to the state or a political subdivision, shall be considered as	17208
used exclusively for charitable or public purposes by such	17209
institution, the state, or political subdivision, if it meets one	17210
of the following requirements:	17211

(1) It is used by such institution, the state, or political	17212
subdivision, or by one or more other such institutions, the state,	17213
or political subdivisions under a lease, sublease, or other	17214
contractual arrangement:	17215

(a) As a community or area center in which presentations in	17216
music, dramatics, the arts, and related fields are made in order	17217
to foster public interest and education therein;	17218

(b) For other charitable, educational, or public purposes.

17219

(2) It is made available under the direction or control of	17220
such institution, the state, or political subdivision for use in	17221
furtherance of or incidental to its charitable, educational, or	17222
public purposes and not with the view to profit.	17223

(3) It is used by an organization described in division (D)	17224
of section 5709.12 of the Revised Code. If the organization is a	17225
corporation that receives a grant under the Thomas Alva Edison	17226
grant program authorized by division (C) of section 122.33 of the	17227
Revised Code at any time during the tax year, "used," for the	17228
purposes of this division, includes holding property for lease or	17229
resale to others.	17230

(B)(1) Property described in division (A)(1)(a) of this	17231
section shall continue to be considered as used exclusively for	17232
charitable or public purposes even if the property is conveyed	17233
through one conveyance or a series of conveyances to an entity	17234
that is not a charitable or educational institution and is not the	17235
state or a political subdivision, provided that all of the	17236
following conditions apply with respect to that property:	17237

(a) The property has been listed as exempt on the county	17238
auditor's tax list and duplicate for the county in which it is	17239
located for the ten tax years immediately preceding the year in	17240
which the property is conveyed through one conveyance or a series	17241
of conveyances;	17242

(b) The owner to which the property is conveyed through one	17243
conveyance or a series of conveyances leases the property through	17244
one lease or a series of leases to the entity that owned or	17245
occupied the property for the ten tax years immediately preceding	17246
the year in which the property is conveyed or an affiliate of such	17247
prior owner or occupant;	17248

(c) The property includes improvements that are at least	17249
fifty years old;	17250

(d) The property is being renovated in connection with a	17251
claim for historic preservation tax credits available under	17252
federal law;	17253

(e) The property continues to be used for the purposes	17254
described in division (A)(1)(a) of this section after its	17255
conveyance; and	17256

(f) The property is certified by the United States secretary	17257
of the interior as a "certified historic structure" or certified	17258
as part of a certified historic structure.	17259

(2) Notwithstanding section 5715.27 of the Revised Code, an	17260
application for exemption from taxation of property described in	17261
division (B)(1) of this section may be filed by either the owner	17262
of the property or its occupant.	17263

(C) For purposes of this section, an institution is a	17264
charitable institution if the institution is a nonprofit	17265
corporation or association, no part of the net earnings of which	17266
inures to the benefit of any private shareholder or individual, is	17267
exempt from federal income taxation under section 501(a) of the	17268
Internal Revenue Code, the majority of the institution's board of	17269
directors are appointed by the mayor or legislative authority of a	17270
municipal corporation or a board of county commissioners, or a	17271
combination thereof, and the primary purpose of the institution is	17272
to assist in the development and revitalization of downtown urban	17273
areas.	17274

Sec. 5721.30. As used in sections 5721.30 to 5721.43 of the	17275
Revised Code:	17276

(A) "Tax certificate," "certificate," or "duplicate	17277
certificate" means a document that may be issued as a physical	17278
certificate, in book-entry form, or through an electronic medium,	17279
at the discretion of the county treasurer. Such document shall	17280
contain the information required by section 5721.31 of the Revised	17281
Code and shall be prepared, transferred, or redeemed in the manner	17282
prescribed by sections 5721.30 to 5721.43 of the Revised Code. As	17283
used in those sections, "tax certificate," "certificate," and	17284
"duplicate certificate" do not refer to the delinquent land tax	17285
certificate or the delinquent vacant land tax certificate issued	17286
under section 5721.13 of the Revised Code.	17287

(B) "Certificate parcel" means the parcel of delinquent land	17288
that is the subject of and is described in a tax certificate.	17289

(C) "Certificate holder" means a person who purchases a tax	17290
certificate under section 5721.32, 5721.33, or 5721.42 of the	17291
Revised Code, or a person to whom a tax certificate has been	17292
transferred pursuant to section 5721.36 of the Revised Code.	17293

(D) "Certificate purchase price" means, with respect to the	17294
sale of tax certificates under sections 5721.32, 5721.33, and	17295
5721.42 of the Revised Code, the amount equal to delinquent taxes,	17296
~~assessments, penalties, and interest computed under section~~	17297
~~323.121 of the Revised Code~~ charged against a certificate parcel	17298
at the time the tax certificate respecting that parcel is sold,	17299
not including any delinquent taxes~~, assessments, penalties,~~	17300
~~interest, and charges,~~ the lien for which has been conveyed to a	17301
certificate holder through a prior sale of a tax certificate	17302
respecting that parcel~~; provided, however, that payment~~. Payment	17303
of the certificate purchase price in a sale under section 5721.33	17304
of the Revised Code may be made wholly in cash or partially in	17305
cash and partially by noncash consideration acceptable to the	17306
county treasurer from the purchaser. In the event that any such	17307
noncash consideration is delivered to pay a portion of the	17308
certificate purchase price, such noncash consideration may be	17309
subordinate to the rights of the holders of other obligations	17310
whose proceeds paid the cash portion of the certificate purchase	17311
price.	17312

"Certificate purchase price" also includes the amount of the	17313
fee charged by the county treasurer to the purchaser of the	17314
certificate under division (H) of section 5721.32 of the Revised	17315
Code.	17316

(E)(1) With respect to a sale of tax certificates under	17317
section 5721.32 of the Revised Code, and except as provided in	17318
division (E)(2) of this section, ~~both of the following apply:~~	17319

~~(1) "Certificate~~"certificate redemption price" means the	17320
certificate purchase price plus the greater of the following:	17321

(a) ~~Interest~~Simple interest, at the certificate rate of	17322
interest, accruing during the certificate interest period on the	17323
certificate purchase price, calculated in accordance with section	17324
5721.41 of the Revised Code;	17325

(b) Six per cent of the certificate purchase price.

17326

(2) If the certificate rate of interest equals zero, the	17327
certificate redemption price equals the certificate purchase price	17328
plus the fee charged by the county treasurer to the purchaser of	17329
the certificate under division (H) of section 5721.32 of the	17330
Revised Code.	17331

(F) With respect to a sale of tax certificates under section	17332
5721.33 of the Revised Code, "certificate redemption price" means	17333
the amount equal to the sum of the following:	17334

(1) The certificate purchase price;

17335

(2) Interest accrued on the certificate purchase price at the	17336
certificate rate of interest from the date on which a tax	17337
certificate is delivered through and including the day immediately	17338
preceding the day on which the certificate redemption price is	17339
paid;	17340

(3) The fee, if any, charged by the county treasurer to the	17341
purchaser of the certificate under division (J) of section 5721.33	17342
of the Revised Code;	17343

(4) Any other fees charged by any county office in connection	17344
with the recording of tax certificates.	17345

(G) "Certificate rate of interest" means the rate of simple	17346
interest per year bid by the winning bidder in an auction of a tax	17347
certificate held under section 5721.32 of the Revised Code, or the	17348
rate of simple interest per year not to exceed eighteen per cent	17349
per year fixed pursuant to section 5721.42 of the Revised Code or	17350
by the county treasurer with respect to any tax certificate sold	17351
pursuant to a negotiated sale under section 5721.33 of the Revised	17352
Code. The certificate rate of interest shall not be less than zero	17353
per cent per year.	17354

(H) "Cash" means United States currency, certified checks,	17355
money orders, bank drafts, or electronic transfer of funds, or	17356
other forms of payment authorized by the county treasurer, and	17357
excludes any other form of payment not so authorized.	17358

(I) "The date on which a tax certificate is sold," "the date	17359
the certificate was sold," "the date the certificate is	17360
purchased," and any other phrase of similar content mean, with	17361
respect to a sale pursuant to an auction under section 5721.32 of	17362
the Revised Code, the date designated by the county treasurer for	17363
the submission of bids and, with respect to a negotiated sale	17364
under section 5721.33 of the Revised Code, the date of delivery of	17365
the tax certificates to the purchasers thereof pursuant to a tax	17366
certificate sale/purchase agreement.	17367

(J) ~~"Purchaser of a tax certificate pursuant to section~~	17368
~~5721.32 of the Revised Code" means the winning bidder in an~~	17369
~~auction of a tax certificate held under section 5721.32 of the~~	17370
~~Revised Code.~~	17371

~~(K)~~ "Certificate interest period" means, with respect to a	17372
tax certificate sold under section 5721.32 or 5721.42 of the	17373
Revised Code and for the purpose of accruing interest under	17374
section 5721.41 of the Revised Code, the period beginning on the	17375
date on which the certificate is purchased and, with respect to a	17376
tax certificate sold under section 5721.33 of the Revised Code,	17377
the period beginning on the date of delivery of the tax	17378
certificate, and in either case ending on one of the following	17379
dates:	17380

(1) ~~In the case of foreclosure proceedings instituted under~~	17381
~~section 5721.37 of the Revised Code, the date the certificate~~	17382
~~holder submits a payment to the treasurer under division (B) of~~	17383
~~that section~~The date the certificate holder files a request for	17384
foreclosure or notice of intent to foreclose under division (A)	17385
of section 5721.37 of the Revised Code and submits the payment	17386
required under division (B) of that section;	17387

(2) ~~In the case of a certificate parcel redeemed under~~	17388
~~division (A) or (C) of section 5721.38 of the Revised Code, the~~	17389
The date the owner of record of the certificate parcel, or any	17390
other person entitled to redeem that parcel, ~~pays to the county~~	17391
~~treasurer or to the certificate holder, as applicable, the full~~	17392
~~amount determined under that section~~redeems the certificate	17393
parcel under division (A) or (C) of section 5721.38 of the Revised	17394
Code or redeems the certificate under section 5721.381 of the	17395
Revised Code.	17396

~~(L) "County treasurer" means, with respect to the sale of tax~~	17397
~~certificates under section 5721.32, or 5721.33 of the Revised~~	17398
~~Code, the county treasurer of a county having a population of at~~	17399
~~least two hundred thousand according to the then most recent~~	17400
~~federal decennial census.~~	17401

~~(M)~~(K) "Qualified trustee" means a trust company within the	17402
state or a bank having the power of a trust company within the	17403
state with a combined capital stock, surplus, and undivided	17404
profits of at least one hundred million dollars.	17405

~~(N)~~(L) "Tax certificate sale/purchase agreement" means the	17406
purchase and sale agreement described in division (C) of section	17407
5721.33 of the Revised Code setting forth the certificate purchase	17408
price, plus any applicable premium or less any applicable	17409
discount, including, without limitation, the amount to be paid in	17410
cash and the amount and nature of any noncash consideration, the	17411
date of delivery of the tax certificates, and the other terms and	17412
conditions of the sale, including, without limitation, the rate of	17413
interest that the tax certificates shall bear.	17414

~~(O)~~(M) "Noncash consideration" means any form of	17415
consideration other than cash, including, but not limited to,	17416
promissory notes whether subordinate or otherwise.	17417

~~(P)~~(N) "Private attorney" means ~~for purposes of section~~	17418
~~5721.37 of the Revised Code,~~ any attorney licensed to practice law	17419
in this state~~, whether practicing with a firm of attorneys or~~	17420
~~otherwise,~~ whose license has not been revoked ~~or otherwise~~and is	17421
not currently suspended, and who ~~brings~~is retained to bring	17422
foreclosure proceedings pursuant to section 5721.37 of the Revised	17423
Code on behalf of a certificate holder.	17424

~~(Q)~~(O) "Related certificate parcel" means, with respect to a	17425
certificate holder, the certificate parcel with respect to which	17426
the certificate holder has purchased and holds a tax certificate	17427
pursuant to sections 5721.30 to 5721.43 of the Revised Code and,	17428
with respect to a tax certificate, the certificate parcel against	17429
which the tax certificate has been sold pursuant to those	17430
sections.	17431

(P) "Delinquent taxes" means delinquent taxes as defined in	17432
section 323.01 of the Revised Code and includes assessments and	17433
charges, and penalties and interest computed under section 323.121	17434
of the Revised Code.	17435

Sec. 5721.31. (A)(1) After receipt of a duplicate of the	17436
delinquent land list compiled under section 5721.011 of the	17437
Revised Code, or a delinquent land list compiled previously under	17438
that section, ~~for a county having a population of at least two~~	17439
~~hundred thousand according to the most recent federal decennial~~	17440
~~census,~~ the county treasurer may select from the list parcels of	17441
delinquent land the lien against which the county treasurer may	17442
attempt to transfer by the sale of tax certificates under sections	17443
5721.30 to 5721.43 of the Revised Code. ~~The county treasurer may~~	17444
~~select only those eligible parcels~~None of the following parcels	17445
may be selected for a tax certificate sale:	17446

(a) A parcel for which the full amount of taxes, assessments,	17447
penalties, interest, and charges have ~~not yet~~ been paid or;	17448

(b) A parcel for which a valid ~~delinquent tax~~ contract under	17449
section 323.122, 323.31, or 5713.20 of the Revised Code is ~~not~~ in	17450
force;	17451

(c) A parcel the owner of which has filed a petition in	17452
bankruptcy, so long as the parcel is property of the bankruptcy	17453
estate. ~~Each certificate shall contain the same information as~~	17454
~~is required to be contained in the delinquent land list. The~~	17455

(2) The county treasurer shall compile a separate list~~, the~~	17456
~~list~~ of parcels selected for tax certificate sales, including the	17457
same information as is required to be included in the delinquent	17458
land list.	17459

Upon compiling the list of parcels selected for tax	17460
certificate sales, the county treasurer may conduct a title search	17461
for any parcel on the list.	17462

(B)(1) Except as otherwise provided in division (B)(3) of	17463
this section, when tax certificates are to be sold under section	17464
5721.32 of the Revised Code with respect to parcels, the county	17465
treasurer shall send written notice by certified ~~or registered~~	17466
mail to either the owner of record or all interested parties	17467
discoverable through a title search, or both, of each parcel on	17468
the list. A notice to an owner shall be sent to the owner's last	17469
known tax-mailing address. The notice shall inform the owner or	17470
interested parties that a tax certificate will be offered for sale	17471
on the parcel, and that the owner or interested parties may incur	17472
additional expenses as a result of the sale.	17473

(2) Except as otherwise provided in division (B)(3) of this	17474
section, when tax certificates are to be sold under section	17475
5721.33 of the Revised Code with respect to parcels, the county	17476
treasurer, at least thirty days prior to the date of sale of such	17477
tax certificates, shall send written notice of the sale by	17478
certified ~~or registered~~ mail~~, or both,~~ to the last known	17479
tax-mailing address of the record owner of the property or parcel	17480
and may send such notice to all parties with an interest in the	17481
property that has been recorded in the property records of the	17482
county pursuant to section 317.08 of the Revised Code. The notice	17483
shall state that a tax certificate will be offered for sale on the	17484
parcel, and that the owner or interested parties may incur	17485
additional expenses as a result of the sale.	17486

(3) The county treasurer is not required to send a notice	17487
under division (B)(1) or (B)(2) of this section if the treasurer	17488
previously has attempted to send such notice to the owner of the	17489
parcel and the notice has been returned by the post office as	17490
undeliverable. The absence of a valid tax-mailing address for the	17491
owner of a parcel does not preclude the county treasurer from	17492
selling a tax certificate for the parcel.	17493

(C) The county treasurer shall advertise the sale of tax	17494
certificates under section 5721.32 of the Revised Code in a	17495
newspaper of general circulation in the county, once a week for	17496
two consecutive weeks. The advertisement shall include the date,	17497
the time, and the place of the public auction, abbreviated legal	17498
descriptions of the parcels, and the names of the owners of record	17499
of the parcels. The advertisement also shall include the	17500
certificate purchase prices of the parcels or the total purchase	17501
price of tax certificates for sale in blocks of tax certificates.	17502

(D) After the county treasurer has compiled the list of	17503
parcels selected for tax certificate sales but before a tax	17504
certificate respecting a parcel is sold, if the owner of record of	17505
the parcel pays to the county treasurer in cash the ~~full amount of~~	17506
~~delinquent taxes, assessments, penalties, interest, and charges~~	17507
~~then due and payable or enters into a valid delinquent tax~~	17508
~~contract under section 323.31 of the Revised Code to pay that~~	17509
~~amount~~delinquent taxes respecting the parcel or otherwise acts so	17510
that any condition in division (A)(1)(a), (b), or (c) of this	17511
section applies to the parcel, the owner of record of the parcel	17512
also shall pay a fee in an amount prescribed by the treasurer to	17513
cover the administrative costs of the treasurer under this	17514
section respecting the parcel ~~and credited~~. The fee shall be	17515
deposited in the county treasury to the credit of the tax	17516
certificate administration fund.	17517

(E) A tax certificate administration fund shall be created in	17518
the county treasury of each county selling tax certificates under	17519
sections 5721.30 to 5721.43 of the Revised Code. The fund shall be	17520
administered by the county treasurer, and used solely for the	17521
purposes of sections 5721.30 to 5721.43 of the Revised Code. Any	17522
fee received by the treasurer under sections 5721.30 to 5721.43 of	17523
the Revised Code shall be credited to the fund, except the bidder	17524
registration fee under division (B) of section 5721.32 of the	17525
Revised Code and the county prosecuting attorney's fee under	17526
division (B)(3) of section 5721.37 of the Revised Code.	17527

(F) The county treasurers of more than one county may jointly	17528
conduct a regional sale of tax certificates under section 5721.32	17529
of the Revised Code. A regional sale shall be held at a single	17530
location in one county, where the tax certificates from each of	17531
the participating counties shall be offered for sale at public	17532
auction. Before the regional sale, each county treasurer shall	17533
advertise the sale for the parcels in the treasurer's county as	17534
required by division (C) of this section. At the regional sale,	17535
tax certificates shall be sold on parcels from one county at a	17536
time, with all of the certificates for one county offered for sale	17537
before any certificates for the next county are offered for sale.	17538

(G) The tax commissioner shall prescribe the form of the tax	17539
certificate under this section, and county treasurers shall use	17540
the form so prescribed ~~by the commissioner~~.	17541

Sec. 5721.32. (A) The sale of tax certificates by public	17542
auction may be conducted at any time after completion of the	17543
advertising of the sale under section 5721.31 of the Revised Code,	17544
on the date and at the time and place designated in the	17545
advertisements, and may be continued from time to time as the	17546
county treasurer directs. The county treasurer may offer the tax	17547
certificates for sale in blocks of tax certificates, consisting of	17548
any number of tax certificates as determined by the county	17549
treasurer.	17550

(B)(1) The sale of tax certificates under this section shall	17551
be conducted at a public auction by the county treasurer or a	17552
designee of the county treasurer.	17553

(2) No person shall be permitted to bid without completing a	17554
bidder registration form, in the form prescribed by the tax	17555
commissioner, and without filing the form with the county	17556
treasurer prior to the start of the auction, together with	17557
remittance of a registration fee, in cash, of five hundred	17558
dollars. The bidder registration form shall include a tax	17559
identification number of the registrant. The registration fee is	17560
refundable at the end of bidding on the day of the auction, unless	17561
the registrant is the winning bidder for one or more tax	17562
certificates or one or more blocks of tax certificates, in which	17563
case the fee may be applied toward the deposit required by this	17564
section.	17565

(3) The county treasurer may require a person who wishes to	17566
bid on one or more parcels to submit a letter from a financial	17567
institution stating that the bidder has sufficient funds available	17568
to pay the purchase price of the parcels and a written	17569
authorization for the treasurer to verify such information with	17570
the financial institution. The county treasurer may require	17571
submission of the letter and authorization sufficiently in advance	17572
of the auction to allow for verification. No person who fails to	17573
submit the required letter and authorization, or whose financial	17574
institution fails to provide the requested verification, shall be	17575
permitted to bid.	17576

(C) At the public auction, the county treasurer or the	17577
treasurer's designee or agent shall begin the bidding at eighteen	17578
per cent per year simple interest, and accept lower bids in even	17579
increments of one-fourth of one per cent to the rate of zero per	17580
cent. The county treasurer, designee, or agent shall award the tax	17581
certificate to the person bidding the lowest certificate rate of	17582
interest. The county treasurer shall decide which person is the	17583
winning bidder in the event of a tie for the lowest bid offered,	17584
or if a person contests the lowest bid offered. The county	17585
treasurer's decision is not appealable.	17586

(D)(1) The winning bidder shall pay the county treasurer a	17587
cash deposit of at least ten per cent of the certificate purchase	17588
price not later than the close of business on the day of the sale.	17589
The winning bidder shall pay the balance and the fee required	17590
under division (H) of this section not later than five business	17591
days after the day on which the certificate is sold. IfExcept as	17592
provided under division (D)(2) of this section, if the winning	17593
bidder fails to pay the balance and fee within the prescribed	17594
time, the bidder forfeits the deposit, and the county treasurer	17595
shall retain the tax certificate and may attempt to sell it at any	17596
auction conducted at a later date. ~~The~~	17597

(2) At the request of a winning bidder, the county treasurer	17598
may release the bidder from the bidder's tax certificate purchase	17599
obligation. The county treasurer may retain all or any portion of	17600
the deposit of a bidder granted a release. After granting a	17601
release under this division, the county treasurer may award the	17602
tax certificate to the person that submitted the second lowest bid	17603
at the auction.	17604

(3) The county treasurer shall deposit the ~~forfeited~~ deposit	17605
forfeited or retained under divisions (D)(1) or (2) of this	17606
section in the county treasury to the credit of the tax	17607
certificate administration fund.	17608

(E) Upon receipt of the full payment of the certificate	17609
purchase price from the purchaser, the county treasurer shall	17610
issue the tax certificate and record the tax certificate sale by	17611
~~marking on the tax certificate and~~entering into a tax certificate	17612
register, the certificate purchase price, the certificate rate of	17613
interest, the date the certificate was sold, ~~and~~ the name and	17614
address of the certificate holder, ~~which~~and any other information	17615
the county treasurer considers necessary. The county treasurer may	17616
keep the tax certificate register in a hard-copy format or in an	17617
electronic format. The name and address of the certificate holder	17618
may be, upon receipt of instructions from the purchaser, that of	17619
the secured party of the actual purchaser, or an agent or	17620
custodian for the purchaser or secured party. The county treasurer	17621
also shall transfer the tax certificate to the certificate holder	17622
~~and, upon presentation to the treasurer of instructions signed by~~	17623
~~the certificate purchaser, shall record in the tax certificate~~	17624
~~register the name and address of any secured party of the~~	17625
~~certificate purchaser having a security interest in the tax~~	17626
~~certificate. Upon the transfer of a tax certificate, the~~. The	17627
county treasurer shall apportion the part of the proceeds from the	17628
sale representing taxes, penalties, and interest among the several	17629
taxing districts in the same proportion that the amount of taxes	17630
levied by each district against the certificate parcel in the	17631
preceding tax year bears to the taxes levied by all such districts	17632
against the certificate parcel in the preceding tax year, and	17633
credit the part of the proceeds representing assessments and other	17634
charges to the items of assessments and charges in the order in	17635
which those items became due. Upon ~~completion of the sale of~~	17636
issuing a tax certificate, the delinquent taxes~~, assessments,~~	17637
~~penalties, and interest~~ that make up the certificate purchase	17638
price are transferred, and the superior lien of the state and its	17639
taxing districts for those delinquent taxes~~, assessments,~~	17640
~~penalties, and interest~~ is conveyed intact to the certificate	17641
holder.	17642

(F) If a tax certificate is offered for sale under this	17643
section but is not sold, the county treasurer may strike the	17644
corresponding certificate parcel from the list of parcels selected	17645
for tax certificate sales. The lien for taxes, assessments,	17646
charges, penalties, and interest against a parcel stricken from	17647
the list thereafter may be foreclosed in the manner prescribed by	17648
section 323.25, 5721.14, or 5721.18 of the Revised Code unless,	17649
prior to the institution of such proceedings against the parcel,	17650
the county treasurer restores the parcel to the list of parcels	17651
selected for tax certificate sales.	17652

(G) A certificate holder shall not be liable for damages	17653
arising from a violation of sections 3737.87 to 3737.891 or	17654
Chapter 3704., 3734., 3745., 3746., 3750., 3751., 3752., 6109., or	17655
6111. of the Revised Code, or a rule adopted or order, permit,	17656
license, variance, or plan approval issued under any of those	17657
chapters, that is or was committed by another person in connection	17658
with the parcel for which the tax certificate is held.	17659

(H) When selling a tax certificate under this section, the	17660
county treasurer shall charge a fee to the purchaser of the	17661
certificate. The county treasurer shall set the fee at a	17662
reasonable amount that covers the treasurer's costs of	17663
administering the sale of the tax certificate. The county	17664
treasurer shall deposit the fee in the county treasury to the	17665
credit of the tax certificate administration fund.	17666

(I) After selling a tax certificate under this section, the	17667
county treasurer shall send written notice by certified or	17668
~~registered~~ mail to the owner of the certificate parcel at the	17669
owner's last known tax-mailing address. The notice shall inform	17670
the owner that the tax certificate was sold, shall describe the	17671
owner's options to redeem the parcel, including entering into a	17672
redemption payment plan under division (C)(1) of section 5721.38	17673
of the Revised Code, and shall name the certificate holder and its	17674
secured party, if any. However, the county treasurer is not	17675
required to send a notice under this division if the treasurer	17676
previously has attempted to send a notice to the owner of the	17677
parcel at the owner's last known tax-mailing address, and the	17678
postal service has returned the notice as undeliverable.	17679

(J) A tax certificate shall not be sold to the owner of the	17680
certificate parcel.	17681

Sec. 5721.33. (A) A county treasurer may, in the treasurer's	17682
discretion, negotiate the sale of any number of tax certificates	17683
with one or more persons~~, including~~. Terms that may be negotiated	17684
include, without limitation, any of the following:	17685

(1) A premium to be added to or discount to be subtracted	17686
from the certificate purchase price for the tax certificates ~~and~~	17687
~~any~~;	17688

(2) Different time frames under which the certificate holder	17689
may initiate a foreclosure action than are otherwise allowed under	17690
sections 5721.30 to 5721.43 of the Revised Code, not to exceed six	17691
years after the date the tax certificate was sold;	17692

(3) The amount to be paid in private attorney's fees related	17693
to tax certificate foreclosures, subject to section 5721.371 of	17694
the Revised Code;	17695

(4) Any other terms of the sale that the county treasurer, in	17696
the treasurer's discretion, determines appropriate or necessary	17697
for the sale.	17698

(B) The sale of tax certificates under this section shall be	17699
governed by the criteria established by the county treasurer	17700
pursuant to division (E) of this section.	17701

(C) The county treasurer may execute a tax certificate	17702
sale/purchase agreement and other necessary agreements with a	17703
designated purchaser or purchasers to complete a negotiated sale	17704
of tax certificates.	17705

(D) The tax certificate may be sold at a premium to or	17706
discount from the certificate purchase price. The county treasurer	17707
may establish as one of the terms of the negotiated sale the	17708
portion of the certificate purchase price, plus any applicable	17709
premium or less any applicable discount, that the purchaser or	17710
purchasers shall pay in cash on the date the tax certificates are	17711
sold and the portion, if any, of the certificate purchase price,	17712
plus any applicable premium or less any applicable discount, that	17713
the purchaser or purchasers shall pay in noncash consideration and	17714
the nature of that consideration.	17715

The county treasurer shall sell such tax certificates at a	17716
certificate purchase price, plus any applicable premium and less	17717
any applicable discount, and at a certificate rate of interest	17718
that, in the treasurer's determination, are in the best interests	17719
of the county.	17720

(E)(1) The county treasurer shall adopt rules governing the	17721
eligibility of persons to purchase tax certificates or to	17722
otherwise participate in a negotiated sale under this section. The	17723
rules may provide for precertification of such persons, including	17724
a requirement for disclosure of income, assets, and any other	17725
financial information the county treasurer determines appropriate.	17726
The rules also may prohibit any person that is delinquent in the	17727
payment of any tax to the county or to the state, or that is in	17728
default in or on any other obligation to the county or to the	17729
state, from purchasing a tax certificate or otherwise	17730
participating in a negotiated sale of tax certificates under this	17731
section. The eligibility information required shall include the	17732
tax identification number of the purchaser and may include the tax	17733
identification number of the participant. The county treasurer,	17734
upon request, shall provide a copy of the rules adopted under this	17735
section.	17736

(2) Any person that intends to purchase a tax certificate in	17737
a negotiated sale shall submit an affidavit to the county	17738
treasurer that establishes compliance with the applicable	17739
eligibility criteria and includes any other information required	17740
by the treasurer. Any person that fails to submit such an	17741
affidavit is ineligible to purchase a tax certificate. Any person	17742
that knowingly submits a false or misleading affidavit shall	17743
forfeit any tax certificate or certificates purchased by the	17744
person at a sale for which the affidavit was submitted, shall be	17745
liable for payment of the full certificate purchase price, plus	17746
any applicable premium and less any applicable discount, of the	17747
tax certificate or certificates, and shall be disqualified from	17748
participating in any tax certificate sale conducted in the county	17749
during the next five years.	17750

(3) A tax certificate shall not be sold to the owner of the	17751
certificate parcel or to any corporation, partnership, or	17752
association in which such owner has an interest. No person that	17753
purchases a tax certificate in a negotiated sale shall assign or	17754
transfer the tax certificate to the owner of the certificate	17755
parcel or to any corporation, partnership, or association in which	17756
the owner has an interest. Any person that knowingly or	17757
negligently transfers or assigns a tax certificate to the owner of	17758
the certificate parcel or to any corporation, partnership, or	17759
association in which such owner has an interest shall be liable	17760
for payment of the full certificate purchase price, plus any	17761
applicable premium and less any applicable discount, and shall not	17762
be entitled to a refund of any amount paid. Such tax certificate	17763
shall be deemed void and the tax lien sold under the tax	17764
certificate shall revert to the county as if no sale of the tax	17765
certificate had occurred.	17766

(F) The purchaser in a negotiated sale under this section	17767
shall deliver the certificate purchase price, plus any applicable	17768
premium and less any applicable discount and including any noncash	17769
consideration, to the county treasurer not later than the close of	17770
business on the date the tax certificates are delivered to the	17771
purchaser. The certificate purchase price, ~~plus any applicable~~	17772
~~premium and~~ less any applicable discount, or portion of the price,	17773
that is paid in cash shall be deposited in the county's general	17774
fund to the credit of the account to which ad valorem real	17775
property taxes are credited and further credited as provided in	17776
division (G) of this section. Any applicable premium that is paid	17777
shall be, at the discretion of the county treasurer, apportioned	17778
to and deposited in any authorized county fund. The purchaser also	17779
shall pay on the date the tax certificates are delivered to the	17780
purchaser the fee, if any, negotiated under division (J) of this	17781
section. If the purchaser fails to pay the certificate purchase	17782
price, plus any applicable premium and less any applicable	17783
discount, and any such fee, within the time periods required by	17784
this section, the county treasurer shall retain the tax	17785
certificate and may attempt to sell it at any auction or	17786
negotiated sale conducted at a later date.	17787

(G) Upon receipt of the full payment from the purchaser of	17788
the certificate purchase price, plus any applicable premium and	17789
less any applicable discount, and the negotiated fee, if any, ~~from~~	17790
~~the purchaser,~~ the county treasurer, or a qualified trustee whom	17791
the treasurer has engaged for such purpose, shall issue the tax	17792
certificate and record the tax certificate sale by ~~marking on each~~	17793
~~of the tax certificates sold or, if issued in book-entry form, on~~	17794
~~the global tax certificate, and marking~~entering into a tax	17795
certificate register, the certificate purchase price, any premium	17796
paid or discount taken, the certificate rate of interest, the date	17797
the certificates were sold, ~~and~~ the name and address of the	17798
certificate holder or, in the case of issuance of the tax	17799
certificates in a book-entry system, the name and address of the	17800
nominee, ~~which~~and any other information the county treasurer	17801
considers necessary. The county treasurer may keep the tax	17802
certificate register in a hard-copy format or an electronic	17803
format. The name and address of the certificate holder or nominee	17804
may be, upon receipt of instructions from the purchaser, that of	17805
the secured party of the actual purchaser, or an agent or	17806
custodian for the purchaser or secured party. The county treasurer	17807
also shall transfer the tax certificates to the certificate holder	17808
~~and, upon presentation to the treasurer of instructions signed by~~	17809
~~the certificate purchaser or purchasers, shall record in the tax~~	17810
~~certificate register the name and address of any secured party of~~	17811
~~the certificate purchaser or purchasers having a security interest~~	17812
~~in the tax certificate. Upon the transfer of the tax certificates,~~	17813
~~the~~. The county treasurer shall apportion the part of the cash	17814
proceeds from the sale representing taxes, penalties, and interest	17815
among the several taxing districts in the same proportion that the	17816
amount of taxes levied by each district against the certificate	17817
parcels in the preceding tax year bears to the taxes levied by all	17818
such districts against the certificate parcels in the preceding	17819
tax year, and credit the part of the proceeds representing	17820
assessments and other charges to the items of assessments and	17821
charges in the order in which those items became due. If the cash	17822
proceeds from the sale are not sufficient to fully satisfy the	17823
items of ~~outstanding delinquent~~ taxes, assessments, penalties,	17824
interest, and charges on the certificate parcels against which tax	17825
certificates were sold, the county treasurer shall credit the cash	17826
proceeds to such items pro rata based upon the proportion that	17827
each item of ~~delinquent~~ taxes, assessments, penalties, interest,	17828
and charges bears to the aggregate of all such items, or by any	17829
other method that the county treasurer, in the treasurer's sole	17830
discretion, determines is equitable. Upon ~~completion of the sale~~	17831
ofissuing the tax certificates, the delinquent taxes,	17832
~~assessments, penalties, and interest~~ that make up the certificate	17833
purchase price are transferred, and the superior lien of the	17834
state and its taxing districts for those delinquent taxes,	17835
~~assessments, penalties, and interest~~ is conveyed intact to the	17836
certificate holder or holders.	17837

(H) If a tax certificate is offered for sale under this	17838
section but is not sold, the county treasurer may strike the	17839
corresponding certificate parcel from the list of parcels selected	17840
for tax certificate sales. The lien for taxes, assessments,	17841
charges, penalties, and interest against a parcel stricken from	17842
the list thereafter may be foreclosed in the manner prescribed by	17843
section 323.25, 5721.14, or 5721.18 of the Revised Code unless,	17844
prior to the institution of such proceedings against the parcel,	17845
the county treasurer restores the parcel to the list of parcels	17846
selected for tax certificate sales.	17847

(I) Neither a certificate holder nor its secured party, if	17848
any, shall be liable for damages arising from a violation of	17849
sections 3737.87 to 3737.891 or Chapter 3704., 3734., 3745.,	17850
3746., 3750., 3751., 3752., 6109., or 6111. of the Revised Code,	17851
or a rule adopted or order, permit, license, variance, or plan	17852
approval issued under any of those chapters, that is or was	17853
committed by another person in connection with the parcel for	17854
which the tax certificate is held.	17855

(J) When selling a tax certificate under this section, the	17856
county treasurer may negotiate with the purchaser of the	17857
certificate for ~~a fee~~fees paid by the purchaser to the county	17858
treasurer to reimburse the treasurer for any part or all of the	17859
treasurer's costs of preparing for and administering the sale of	17860
the tax certificate and any fees set forth by the county treasurer	17861
in the tax certificate sale/purchase agreement. Such ~~fee~~fees, if	17862
any, shall be added to the certificate purchase price ~~of the~~	17863
~~certificate~~ and shall be paid by the purchaser on the date of	17864
delivery of the tax certificate. The county treasurer shall	17865
deposit the ~~fee~~fees in the county treasury to the credit of the	17866
tax certificate administration fund.	17867

(K) After selling tax certificates under this section, the	17868
county treasurer shall send written notice by certified or	17869
~~registered~~ mail to the last known tax-mailing address of the owner	17870
of the certificate parcel. The notice shall inform the owner that	17871
a tax certificate with respect to such owner's parcel was sold and	17872
shall describe the owner's options to redeem the parcel, including	17873
entering into a redemption payment plan under division (C)(2) of	17874
section 5721.38 of the Revised Code. However, the county treasurer	17875
is not required to send a notice under this division if the	17876
treasurer previously has attempted to send a notice to the owner	17877
of the parcel at the owner's last known tax-mailing address and	17878
the postal service has returned the notice as undeliverable.	17879

Sec. 5721.34. (A) A county treasurer shall not sell any tax	17880
certificate respecting a parcel of delinquent land ~~upon which the~~	17881
~~full amount of delinquent taxes, assessments, penalties, interest,~~	17882
~~charges, and costs then due and payable have been paid, or with~~	17883
~~respect~~ to which ~~a valid delinquent tax contract under~~any of	17884
divisions (A)(1)(a) to (c) of section ~~323.31~~5721.31 of the	17885
Revised Code ~~to pay that amount has been entered into, prior to~~	17886
~~the sale of the certificate by the county treasurer~~apply. A	17887
certificate sold in violation of this section is void.	17888

(B) If the county treasurer discovers or determines that ~~the~~	17889
a certificate is void ~~under division (A) of this section~~for any	17890
reason, the holder of the void certificate is entitled to a refund	17891
of the certificate purchase price, plus any applicable premium and	17892
less any applicable discount, and the fee charged by the treasurer	17893
under division (H) of section 5721.32 or division (J) of section	17894
5721.33 of the Revised Code, if any, as applicable. If the county	17895
treasurer makes the discovery or determination more than ~~sixty~~	17896
ninety days after the certificate's date of sale, the holder also	17897
is entitled to interest on the certificate purchase price at the	17898
rate of five per cent per year. The interest shall be calculated	17899
from the first day of the month following the month in which the	17900
certificate was sold, to the first day of the month in which the	17901
county treasurer makes the discovery or determination. The county	17902
treasurer shall notify the certificate holder by ordinary first	17903
class or certified mail or by binary means that the certificate is	17904
void and shall issue the refund. The county auditor shall issue a	17905
warrant for the portion of the refund from the undivided tax fund,	17906
which portion consists of the certificate purchase price, plus	17907
any applicable premium and less any applicable discount; the	17908
portion of the refund consisting of interest and the treasurer's	17909
fee, if any, shall be paid from the tax certificate administration	17910
fund.	17911

(C) With respect to a tax certificate ~~sold under section~~	17912
~~5721.32 of the Revised Code and~~ found to be void under division	17913
(A) or (B) of this section, ~~in addition to the remedies available~~	17914
~~under division (B) of this section,~~ the county treasurer may, with	17915
the approval of the certificate holder, substitute for such tax	17916
certificate ~~or portion thereof~~ another tax certificate that has a	17917
~~value~~certificate purchase price equivalent to the ~~value~~	17918
certificate purchase price of the tax certificate found to be	17919
void. In addition, the substitute tax certificate shall be for a	17920
parcel concerning which the county treasurer has taken action	17921
under divisions (A), (B), and (C) of section 5721.31 of the	17922
Revised Code, but with respect to which a tax certificate has not	17923
been sold, and that has a true value, as determined by the county	17924
auditor, that is equivalent to the true value of the parcel for	17925
which the tax certificate has been found to be void. Whenever a	17926
tax certificate ~~of equivalent value~~ is to be substituted for a tax	17927
certificate that has been found to be void, the county treasurer	17928
shall provide ~~written~~ notice of the intention to substitute a tax	17929
certificate ~~of equivalent value~~ to any person required to be	17930
notified under division (I) of section 5721.32 or division (K) of	17931
section 5721.33 of the Revised Code.	17932

(D) If an application for the exemption from and remission of	17933
taxes made under section 3735.67 or 5715.27 of the Revised Code,	17934
or under any other section of the Revised Code under the	17935
jurisdiction of the director of environmental protection, is	17936
granted for a parcel for which a tax certificate has been sold,	17937
the county treasurer shall refund to the certificate holder, in	17938
the manner provided in this section, the amount of any taxes	17939
exempted or remitted that were included in the certificate	17940
purchase price. If the whole amount of the taxes included in the	17941
certificate purchase price are exempted or remitted, the tax	17942
certificate is void. If all of the taxes that were included in the	17943
certificate purchase price are not exempted or remitted, the	17944
county treasurer shall adjust the tax certificate register to	17945
reflect the remaining amount of taxes that were not exempted or	17946
remitted, and notify the certificate holder of the adjustment in	17947
writing.	17948

Sec. 5721.35. (A) Upon the sale and delivery of a tax	17949
certificate, the tax certificate vests in the certificate holder	17950
the first lien previously held by the state and its taxing	17951
districts under section 5721.10 of the Revised Code for the amount	17952
of taxes, assessments, interest, and penalty charged against a	17953
certificate parcel, superior to all other liens and encumbrances	17954
upon the parcel described in the tax certificate, in the amount of	17955
the certificate redemption price, except liens for delinquent	17956
taxes~~, assessments, penalties, interest, charges, and costs~~ that	17957
attached to the certificate parcel prior to the attachment of the	17958
lien being conveyed by the sale of such tax certificate. With	17959
respect to the priority as among such first liens of the state and	17960
its taxing districts for different years, the priority shall be	17961
determined by the date such first liens of the state and its	17962
taxing districts attached pursuant to section 323.11 of the	17963
Revised Code, with first priority to the earliest attached lien	17964
and each immediately subsequent priority based upon the next	17965
earliest attached lien.	17966

(B)(1) A certificate holder or the county treasurer may	17967
record the tax certificate or memorandum thereof in the office of	17968
the county recorder of the county in which the certificate parcel	17969
is situated, as a mortgage of land under division (A)(2) of	17970
section 317.08 of the Revised Code. The county recorder shall	17971
index the certificate in the indexes provided for under section	17972
317.18 of the Revised Code. If the lien is subsequently canceled,	17973
the cancellation also shall be recorded by the county recorder.	17974

(2) Notwithstanding Chapter 1309., Title LIII, or any other	17975
provision of the Revised Code, a secured party holding a security	17976
interest in a tax certificate or memorandum thereof may perfect	17977
that security interest only by one of the following methods:	17978

(a) Possession;

17979

(b) Registering the tax certificate with the county treasurer	17980
in the name of the secured party, or its agent or custodian, as	17981
certificate holder;	17982

(c) Recording the name of the secured party in the tax	17983
certificate register in the office of the county treasurer of the	17984
county in which the certificate parcel is situated.	17985

Sec. 5721.36. (A)(1) Except as otherwise provided in	17986
division (A)(2) of this section, the purchaser of a tax	17987
certificate sold as part of a block sale pursuant to section	17988
5721.32 of the Revised Code may transfer the certificate to any	17989
person, and any other purchaser of a tax certificate pursuant to	17990
section 5721.32 or 5721.33 of the Revised Code may transfer the	17991
certificate to any person, except the owner of the certificate	17992
parcel or any corporation, partnership, or association in which	17993
such owner has an interest. The transferee of a tax certificate	17994
subsequently may transfer the certificate to any other person to	17995
whom the purchaser could have transferred the certificate. The	17996
transferor of a tax certificate shall endorse the certificate and	17997
shall swear to the endorsement before a notary public or other	17998
officer empowered to administer oaths. The transferee shall	17999
present the endorsed certificate and a notarized copy of a valid	18000
form of identification showing the transferee's taxpayer	18001
identification number to the county treasurer of the county where	18002
the certificate is registered, who shall, upon payment of a fee of	18003
twenty dollars to cover the costs associated with the transfer of	18004
a tax certificate, enter upon the register of certificate holders	18005
opposite the certificate entry the name and address of the	18006
transferee, the date of entry, and, upon presentation to the	18007
treasurer of instructions signed by the transferee, the name and	18008
address of any secured party of the transferee having an interest	18009
in the tax certificate. The treasurer shall deposit the fee in the	18010
county treasury to the credit of the tax certificate	18011
administration fund.	18012

Except as otherwise provided in division (A)(2) of this	18013
section, no request for foreclosure or notice of intent to	18014
foreclose, as the case may be, shall be filed by any person other	18015
than the person shown on the tax certificate register to be the	18016
certificate holder or a private attorney for that person properly	18017
authorized to act in that person's behalf.	18018

(2) Upon registration of a security interest with the county	18019
treasurer ~~as provided in section 5721.32 or 5721.33 of the Revised~~	18020
~~Code~~, both of the following apply:	18021

(a) No purchaser or transferee of a tax certificate may	18022
transfer that tax certificate except upon presentation to the	18023
treasurer of instructions signed by the secured party authorizing	18024
such action.	18025

(b) Only the secured party may issue a request for	18026
foreclosure or notice of intent to foreclose concerning that tax	18027
certificate.	18028

(B)(1) Application may be made to the county treasurer for a	18029
duplicate certificate if a certificate is alleged by affidavit to	18030
have been lost or destroyed. The treasurer shall issue a duplicate	18031
certificate, upon payment of a fee of twenty dollars to cover the	18032
costs of issuing the duplicate certificate. The treasurer shall	18033
deposit the fee in the county treasury to the credit of the tax	18034
certificate administration fund.	18035

(2) The duplicate certificate shall be plainly marked or	18036
stamped "duplicate."	18037

(3) The treasurer shall enter the fact of the duplicate in	18038
the tax certificate register ~~of certificate holders~~.	18039

Sec. 5721.37. (A)(1) With respect to a tax certificate	18040
purchased under section 5721.32 of the Revised Code, or under	18041
section 5721.42 of the Revised Code ~~in counties to which~~by the	18042
holder of a certificate issued under section 5721.32 of the	18043
Revised Code ~~applies~~, at any time after one year from the date	18044
shown on the tax certificate as the date the tax certificate was	18045
sold, and not later than three years after that date, the	18046
certificate holder may file with the county treasurer a request	18047
for foreclosure, or a private attorney on behalf of the	18048
certificate holder may file with the county treasurer a notice of	18049
intent to foreclose, on a form prescribed by the tax commissioner	18050
~~and provided by the county treasurer~~, provided the certificate	18051
parcel has not ~~yet~~ been redeemed under division (A) or (C) of	18052
section 5721.38 of the Revised Code and at least one certificate	18053
respecting the certificate parcel, held by the certificate holder	18054
filing the request for foreclosure or notice of intent to	18055
foreclose and eligible to be enforced through a foreclosure	18056
proceeding, has not been voided under section 5721.381 of the	18057
Revised Code.	18058

(2) With respect to a tax certificate purchased under section	18059
5721.33 of the Revised Code, or under section 5721.42 of the	18060
Revised Code ~~in counties to which~~by the holder of a certificate	18061
issued under section 5721.33 of the Revised Code ~~applies~~, at any	18062
time after one year from the date shown on the tax certificate as	18063
the date the tax certificate was sold, and not later than six	18064
years after that date or any extension of that date pursuant to	18065
division (C)(2) of section 5721.38 of the Revised Code, or not	18066
earlier or later than the dates negotiated by the county treasurer	18067
and specified in the tax certificate sale/purchase agreement, the	18068
certificate holder may file with the county treasurer a request	18069
for foreclosure, or a private attorney on behalf of the	18070
certificate holder may file with the county treasurer a notice of	18071
intent to foreclose, on a form prescribed by the tax commissioner	18072
~~and provided by the county treasurer~~, provided the parcel has not	18073
~~yet~~ been redeemed under division (A) or (C) of section 5721.38 of	18074
the Revised Code and at least one certificate respecting the	18075
certificate parcel, held by the certificate holder filing the	18076
request for foreclosure or notice of intent to foreclose and	18077
eligible to be enforced through a foreclosure proceeding, has not	18078
been voided under section 5721.381 of the Revised Code.	18079

(3)(a) With respect to a tax certificate purchased under	18080
section 5721.32 of the Revised Code, or under section 5721.42 of	18081
the Revised Code ~~in counties to which~~by the holder of a	18082
certificate issued under section 5721.32 of the Revised Code	18083
~~applies~~, if, before the expiration of three years after the date a	18084
tax certificate was sold, the owner of the property for which the	18085
certificate was sold files a petition in bankruptcy, the county	18086
treasurer, upon being notified of the filing of the petition,	18087
shall notify the certificate holder by ordinary first-class or	18088
certified mail or by binary means of the filing of the petition.	18089
~~If the owner of the property files a petition in bankruptcy, the~~	18090
It is the obligation of the certificate holder to file a proof of	18091
claim with the bankruptcy court to protect the holder's interest	18092
in the certificate parcel. The last day on which the certificate	18093
holder may file a request for foreclosure or the private	18094
attorney may file a notice of intent to foreclose is the later	18095
of three years after the date the certificate was sold or one	18096
hundred eighty days after the ~~bankruptcy case is closed~~	18097
certificate parcel is no longer property of the bankruptcy	18098
estate; however, the three-year period ~~being~~ measured from the	18099
date ~~that~~ the certificate was sold is tolled while the ~~owner of~~	18100
~~the property's petition in bankruptcy is being heard and~~property	18101
owner's bankruptcy case remains open.	18102

(b) With respect to a tax certificate purchased under section	18103
5721.33 of the Revised Code, or under section 5721.42 of the	18104
Revised Code ~~in counties to which~~by the holder of a certificate	18105
issued under section 5721.33 of the Revised Code ~~applies~~, if,	18106
before ~~the expiration of~~ six years after the date a tax	18107
certificate was sold or before the date negotiated by the county	18108
treasurer, the owner of the property files a petition in	18109
bankruptcy, the county treasurer, upon being notified of the	18110
filing of the petition, shall notify the certificate holder by	18111
ordinary first-class or certified mail or by binary means of the	18112
filing of the petition. ~~If the owner of the property files a~~	18113
~~petition in bankruptcy, the~~It is the obligation of the	18114
certificate holder to file a proof of claim with the bankruptcy	18115
court to protect the holder's interest in the certificate parcel.	18116
The last day on which the certificate holder may file a notice of	18117
intent to foreclose is the later of six years after the date ~~that~~	18118
the tax certificate was sold or the date negotiated by the county	18119
treasurer, or one hundred eighty days after the ~~bankruptcy case~~	18120
~~is closed~~certificate parcel is no longer property of the	18121
bankruptcy estate; however, the six-year or negotiated period	18122
being measured after the date ~~that~~ the certificate was sold is	18123
tolled while the ~~owner of the property's petition in bankruptcy~~	18124
~~is being heard and~~property owner's bankruptcy case remains open.	18125

(c) Interest at the certificate rate of interest continues to	18126
accrue during any extension of time required by division (A)(3)(a)	18127
or (b) of this section unless otherwise provided under Title 11 of	18128
the United States Code.	18129

(4) If, before the expiration of three years from the date a	18130
tax certificate was sold, the owner of property for which the	18131
certificate was sold applies for an exemption under section	18132
3735.67 or 5715.27 of the Revised Code or under any other section	18133
of the Revised Code under the jurisdiction of the director of	18134
environmental protection, the county treasurer shall notify the	18135
certificate holder by ordinary first-class or certified mail or by	18136
binary means of the filing of the application. Once a	18137
determination has been made on the exemption application, the	18138
county treasurer shall notify the certificate holder of the	18139
determination by ordinary first-class or certified mail or by	18140
binary means. The last day on which the certificate holder may	18141
file a request for foreclosure shall be the later of three years	18142
from the date the certificate was sold or forty-five days after	18143
notice of the determination was ~~mailed~~provided.	18144

(B) ~~Along with~~When a request for foreclosure or a notice of	18145
intent to foreclose is filed under division (A)(1) or (2) of this	18146
section~~, or a notice of intent to foreclose filed under division~~	18147
~~(A)(2) of this section and prior to the transfer of title in~~	18148
~~connection with foreclosure proceedings filed under division (F)~~	18149
~~of this section~~, the certificate holder shall submit a payment	18150
to the county treasurer equal to the sum of the following:	18151

(1) The certificate redemption prices of all outstanding tax	18152
certificates that have been sold on the parcel, other than tax	18153
certificates held by the person requesting foreclosure;	18154

(2) Any ~~delinquent~~ taxes, assessments, penalties, interest,	18155
and charges ~~that are~~appearing on the tax duplicate charged	18156
against the certificate parcel that is the subject of the	18157
foreclosure proceedings and that are not covered by a tax	18158
certificate;	18159

(3) If the foreclosure proceedings are filed by the county	18160
prosecuting attorney pursuant to section 323.25, 5721.14, or	18161
5721.18 of the Revised Code, a fee in the amount prescribed by the	18162
county prosecuting attorney to cover the prosecuting attorney's	18163
legal costs incurred in the foreclosure proceeding;	18164

~~(4) If the foreclosure proceedings are filed by a private~~	18165
~~attorney on behalf of the certificate holder pursuant to division~~	18166
~~(F) of this section, any other prior liens~~.	18167

(C)(1) With respect to a certificate purchased under section	18168
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	18169
certificate parcel has not been redeemed and at least one	18170
certificate respecting the certificate parcel, held by the	18171
certificate holder filing the request for foreclosure and	18172
eligible to be enforced through a foreclosure proceeding, has not	18173
been voided under section 5721.381 of the Revised Code, the	18174
county treasurer, within five days after receiving a foreclosure	18175
request and the payment required under division (B) of this	18176
section, shall ~~inform~~certify notice to that effect to the county	18177
prosecuting attorney ~~that the parcel has not been redeemed~~ and	18178
shall provide a copy of the foreclosure request. The county	18179
treasurer also shall send notice by ordinary first class or	18180
certified mail to all certificate holders other than the	18181
certificate holder requesting foreclosure that foreclosure has	18182
been requested by a certificate holder and that payment for the	18183
tax certificates ~~for the certificate parcel may be redeemed~~is	18184
forthcoming. Within ninety days of receiving the copy of the	18185
foreclosure request, the prosecuting attorney shall commence a	18186
foreclosure proceeding in the name of the county treasurer in the	18187
manner provided under section 323.25, 5721.14, or 5721.18 of the	18188
Revised Code, to ~~foreclose~~enforce the lien vested in the	18189
certificate holder by the certificate. The prosecuting attorney	18190
shall attach to the complaint the foreclosure request and the	18191
county treasurer's written certification ~~that the parcel has not~~	18192
~~been redeemed~~.	18193

(2) With respect to a certificate purchased under section	18194
5721.32, 5721.33, or 5721.42 of the Revised Code, if the	18195
certificate parcel has not been redeemed ~~and~~, at least one	18196
certificate respecting the certificate parcel, held by the	18197
certificate holder filing the notice of intent to foreclose and	18198
eligible to be enforced through a foreclosure proceeding, has not	18199
been voided under section 5721.381 of the Revised Code, a notice	18200
of intent to foreclose has been filed, and the payment required	18201
under division (B) of this section has been made, the county	18202
treasurer shall ~~provide certification~~certify notice to that	18203
effect to the private attorney ~~that the parcel has not been~~	18204
~~redeemed~~. The county treasurer also shall send notice by ordinary	18205
first class or certified mail or by binary means to all	18206
certificate holders other than the certificate holder represented	18207
by the attorney that a notice of intent to foreclose has been	18208
filed and that payment for the tax certificates ~~for the~~	18209
~~certificate parcel may be redeemed~~is forthcoming. After receipt	18210
of ~~that~~the treasurer's certification and not later than one	18211
hundred twenty days after the filing of the intent to foreclose	18212
or the number of days specified under the terms of a negotiated	18213
sale under section 5721.33 of the Revised Code, the private	18214
attorney ~~may~~shall commence a foreclosure proceeding in the name	18215
of the certificate holder in the manner provided under division	18216
(F) of this section, to ~~foreclose~~enforce the lien vested in the	18217
certificate holder by the certificate. The private attorney shall	18218
attach to the complaint the notice of intent to foreclose and the	18219
county treasurer's written certification ~~that the parcel has not~~	18220
~~been redeemed~~.	18221

(D) The county treasurer shall credit the amount received	18222
under division (B)(1) of this section to the tax certificate	18223
redemption fund. The tax certificates respecting the payment shall	18224
be ~~redeemed~~paid as provided in division ~~(E)~~(D) of section 5721.38	18225
of the Revised Code. The amount received under division (B)(2) of	18226
this section shall be distributed to the taxing districts to which	18227
the ~~delinquencies~~delinquent and unpaid amounts are owed. The	18228
county treasurer shall deposit the fee received under division	18229
(B)(3) of this section in the county treasury to the credit of	18230
the delinquent tax and assessment collection fund. ~~The amount~~	18231
~~received under division (B)(4) of this section shall be~~	18232
~~distributed to the holder of the prior lien.~~	18233

(E)(1) If, in the case of a certificate purchased under	18234
section 5721.32 ~~or 5721.42~~ of the Revised Code, or under section	18235
5721.42 of the Revised Code by the holder of a certificate issued	18236
under section 5721.32 of the Revised Code, the certificate holder	18237
does not file with the county treasurer a request for foreclosure	18238
or a notice of intent to foreclose ~~along~~ with the required payment	18239
within three years after the date shown on the tax certificate as	18240
the date the certificate was sold or within the period provided	18241
under division (A)(3)(a) of this section, and during that ~~period~~	18242
time the certificate has not been voided under section 5721.381 of	18243
the Revised Code and the parcel ishas not been redeemed or	18244
foreclosed upon, the certificate holder's lien against the parcel	18245
~~for the certificate redemption price~~ is canceled, and the	18246
certificate is voided.	18247

(2)(a) If, in the case of a certificate purchased under	18248
section 5721.33 of the Revised Code, or under section 5721.42 of	18249
the Revised Code by the holder of a certificate issued under	18250
section 5721.33 of the Revised Code, the certificate holder does	18251
not file with the county treasurer a request for foreclosure or a	18252
notice of intent to foreclose with respect to a certificate parcel	18253
with the required payment within six years after the date shown	18254
on the tax certificate as the date the certificate was sold or	18255
any extension of that date pursuant to division (C)(2) of section	18256
5721.38 of the Revised Code, or within the period provided under	18257
division (A)(3)(b) of this section or as specified under the	18258
terms of a negotiated sale under section 5721.33 of the Revised	18259
Code, and during that ~~period~~time the ~~parcel is not redeemed~~	18260
certificate has not been voided under section 5721.381 of the	18261
Revised Code and the certificate parcel has not been redeemed or	18262
foreclosed upon, the certificate holder's lien against the parcel	18263
~~for the amount of delinquent taxes, assessments, penalties,~~	18264
~~interest, and charges that make up the certificate purchase~~	18265
~~price~~ is canceled and the certificate is voided, subject to	18266
division (E)(2)(b) of this section.	18267

(b) In the case of any tax certificate purchased under	18268
section 5721.33 of the Revised Code prior to October 10, 2000, the	18269
county treasurer, upon application by the certificate holder, may	18270
sell to the certificate holder a new certificate extending the	18271
three-year period prescribed by division (E)(2) of this section,	18272
as that division existed prior to October 10, 2000, to six years	18273
after the date shown on the original certificate as the date it	18274
was sold or any extension of that date. The county treasurer and	18275
the certificate holder shall negotiate the premium, in cash, to be	18276
paid for the new certificate sold under this section. If the	18277
county treasurer and certificate holder do not negotiate a	18278
mutually acceptable premium, the county treasurer and certificate	18279
holder may agree to engage a person experienced in the valuation	18280
of financial assets to appraise a fair premium for the new	18281
certificate. The certificate holder has the option to purchase the	18282
new certificate for the fair premium so appraised. Not less than	18283
one-half of the fee of the person so engaged shall be paid by the	18284
certificate holder requesting the new certificate; the remainder	18285
of the fee shall be paid from the proceeds of the sale of the new	18286
certificate. If the certificate holder does not purchase the new	18287
certificate for the premium so appraised, the certificate holder	18288
shall pay the entire fee. The county treasurer shall credit the	18289
remaining proceeds from the sale to the items of taxes,	18290
assessments, penalties, interest, and charges in the order in	18291
which they became due.	18292

A certificate issued under this division vests in the	18293
certificate holder and its secured party, if any, the same rights,	18294
interests, privileges, and immunities as are vested by the	18295
original certificate under sections 5721.30 to 5721.43 of the	18296
Revised Code, except that interest payable under division (B) of	18297
section 5721.38 or division ~~(B)~~(D)(2) of section 5721.39 of the	18298
Revised Code shall be subject to the amendments to those divisions	18299
by Sub. H.B. 533 of the 123rd general assembly. The certificate	18300
shall be issued in the same form as the form prescribed for the	18301
original certificate issued except for any modifications	18302
necessary, in the county treasurer's discretion, to reflect the	18303
extension under this division of the certificate holder's lien to	18304
six years after the date shown on the original certificate as the	18305
date it was sold or any extension of that date. The certificate	18306
holder may record a certificate issued under division (E)(2)(b) of	18307
this section or memorandum thereof as provided in division (B) of	18308
section 5721.35 of the Revised Code, and the county recorder shall	18309
index the certificate and record any subsequent cancellation of	18310
the lien as provided in that section. The sale of a certificate	18311
extending the lien under division (E)(2)(b) of this section does	18312
not impair the right of redemption of the owner of record of the	18313
certificate parcel or of any other person entitled to redeem the	18314
property.	18315

(3) If the holder of a certificate purchased under section	18316
5721.32, 5721.33, or 5721.42 of the Revised Code submits a notice	18317
of intent to foreclose to the county treasurer but fails to file a	18318
foreclosure action in a court of competent jurisdiction within the	18319
time specified in division (C)(2) of this section, the liens	18320
represented by all tax certificates respecting the certificate	18321
parcel held by that certificate holder, and for which the deadline	18322
for filing a notice of intent to foreclose has passed, are	18323
canceled and the certificates voided, and the certificate holder	18324
forfeits the payment of the amounts described in division (B)(2)	18325
of this section.	18326

(F) With respect to tax certificates purchased under section	18327
5721.32, 5721.33, or 5721.42 of the Revised Code, upon the	18328
delivery to the ~~certificate holder~~private attorney by the county	18329
treasurer of the certification provided for under division (C)(2)	18330
of this section, athe private attorney ~~may~~shall institute a	18331
foreclosure proceeding under this division in the name of the	18332
certificate holder to ~~foreclose such~~enforce the holder's lien, in	18333
any court with jurisdiction, unless the certificate redemption	18334
price is paid prior to the time a complaint is filed. The	18335
attorney shall prosecute the proceeding to final judgment and	18336
satisfaction, whether through sale of the property or the vesting	18337
of title and possession in the certificate holder.	18338

The foreclosure proceedings under this division, except as	18339
otherwise provided in this division, shall be instituted and	18340
prosecuted in the same manner as is provided by law for the	18341
foreclosure of mortgages on land, except that, if service by	18342
publication is necessary, such publication shall be made once a	18343
week for three consecutive weeks and the service shall be complete	18344
at the expiration of three weeks after the date of the first	18345
publication.	18346

Any notice given under this division shall include the name	18347
of the owner of the parcel as last set forth in the records of the	18348
county recorder, the owner's last known mailing address, the	18349
address of the subject parcel if different from that of the owner,	18350
and a complete legal description of the subject parcel. In any	18351
county that has adopted a permanent parcel number system, such	18352
notice may include the permanent parcel number in addition to a	18353
complete legal description.	18354

It is sufficient, having been made a proper party to the	18355
foreclosure proceeding, for the certificate holder to allege in	18356
such holder's complaint that the tax certificate has been duly	18357
purchased by the certificate holder, that the certificate	18358
redemption price ~~appearing to be due and unpaid~~ is due and unpaid,	18359
and that there is a lien against the property described in the tax	18360
certificate, without setting forth in such holder's complaint any	18361
other special matter relating to the foreclosure proceeding. The	18362
~~prayer of the complaint shall be that the court issue an order~~	18363
~~that the property be sold by the sheriff or, if the action is in~~	18364
~~the municipal court, by the bailiff,~~complaint shall pray for an	18365
order directing the sheriff, or the bailiff if the complaint is	18366
filed in municipal court, to offer the property for sale in the	18367
manner provided in section 5721.19 of the Revised Code, unless the	18368
complaint ~~includes an appraisal by an independent appraiser~~	18369
~~acceptable to~~documents that the ~~court~~county auditor has	18370
determined that the true value of the certificate parcel is less	18371
than the certificate purchase price. In that case, the prayer of	18372
the complaint shall berequest that fee simple title to the	18373
property be transferred to and vested in the certificate holder	18374
free and clear of all subordinate liens.	18375

In the foreclosure proceeding, the certificate holder may	18376
join in one action any number of tax certificates relating to the	18377
same owner~~, provided that all parties on each of the tax~~	18378
~~certificates are identical as to name and priority of interest~~.	18379
However, the decree for each tax certificate shall be rendered	18380
separately and any proceeding may be severed, in the discretion of	18381
the court, for the purpose of trial or appeal. ~~The~~Upon	18382
confirmation of sale, the court shall order payment of all costs	18383
related directly or indirectly to ~~the redemption of~~ the tax	18384
certificate, including, without limitation, attorney's fees of the	18385
holder's attorney~~, as is considered proper~~in accordance with	18386
section 5721.371 of the Revised Code. The tax certificate	18387
purchased by the certificate holder is presumptive evidence in all	18388
courts and in all proceedings, including, without limitation, at	18389
the trial of the foreclosure action, of the amount and validity of	18390
the taxes, assessments, charges, penalties by the court and added	18391
to such principal amount, and interest appearing due and unpaid	18392
and of their nonpayment.	18393

(G) ~~For the purposes of this section, "prior liens" means~~	18394
~~liens that are prior in right to the lien with respect to the tax~~	18395
~~certificate that is the subject of the foreclosure proceedings.~~	18396

~~(H)~~ If a parcel is sold under this section, the officer who	18397
conducted the sale shall collect the recording fee from the	18398
purchaser at the time of the sale and, following confirmation of	18399
the sale, shall prepare and record the deed conveying the title to	18400
the parcel to the purchaser.	18401

Sec. 5721.371. Private attorney's fees payable with respect	18402
to an action under sections 5721.30 to 5721.46 of the Revised Code	18403
are subject to the following conditions:	18404

(A) The fees must be reasonable.

18405

(B) Fees exceeding two thousand five hundred dollars shall be	18406
paid only if authorized by a court order.	18407

(C) The terms of a sale negotiated under section 5721.33 of	18408
the Revised Code may include the amount to be paid in private	18409
attorney's fees, subject to division (B) of this section.	18410

Sec. 5721.38. (A) At any time prior to payment to the county	18411
treasurer by the certificate holder to initiate foreclosure	18412
proceedings under division (B) of section 5721.37 of the Revised	18413
Code, the owner of record of the certificate parcel, or any other	18414
person entitled to redeem that parcel, may redeem the parcel by	18415
paying to the county treasurer an amount equal to the total of the	18416
certificate redemption prices of all tax certificates respecting	18417
that parcel.	18418

(B) At any time after payment to the county treasurer by the	18419
certificate holder to initiate foreclosure proceedings under	18420
section 5721.37 of the Revised Code and prior to the filing of the	18421
entry of confirmation of sale of a certificate parcel under	18422
foreclosure proceedings filed by the county prosecuting attorney	18423
or prior to the decree conveying title to the certificate holder	18424
as provided for in division (F) of section 5721.37 of the Revised	18425
Code, the owner of record of the certificate parcel or any other	18426
person entitled to redeem that parcel may redeem the parcel by	18427
paying to the county treasurer the sum of the following amounts:	18428

(1) The amount described in division (A) of this section;

18429

(2) Interest on the certificate purchase price for each tax	18430
certificate sold respecting the parcel at the rate of eighteen per	18431
cent per year for the period beginning on the day on which the	18432
payment was submitted by the certificate holder and ending on the	18433
day the parcel is redeemed under this division~~, except that such~~	18434
~~interest shall not accrue for more than three years after the day~~	18435
~~the certificate was purchased if the certificate holder did not~~	18436
~~submit payment under division (B) of section 5721.37 of the~~	18437
~~Revised Code before the end of that three-year period~~;	18438

(3) An amount equal to the sum of the county prosecuting	18439
attorney's fee under division (B)(3) of section 5721.37 of the	18440
Revised Code ~~if the tax certificate was purchased under section~~	18441
~~5721.32 or 5721.42 of the Revised Code~~plus interest on that	18442
amount at the rate of eighteen per cent per year beginning on the	18443
day on which the payment was submitted by the certificate holder	18444
and ending on the day the parcel is redeemed under this division.	18445
If the parcel is redeemed before the complaint has been filed,	18446
the prosecuting attorney shall adjust the fee to reflect services	18447
performed to the date of redemption, and the county treasurer	18448
shall calculate the interest based on the adjusted fee and refund	18449
any excess fee to the certificate holder.	18450

(4) Reasonable attorney's fees in accordance with section	18451
5721.371 of the Revised Code if the certificate holder retained a	18452
private attorney to foreclose the lien;	18453

(5) Any other costs and fees of the proceeding allocable to	18454
the certificate parcel as determined by the court. ~~Upon~~	18455

The county treasurer may collect the total amount due under	18456
divisions (B)(1) to (5) of this section in the form of guaranteed	18457
funds acceptable to the treasurer. Immediately upon receipt of	18458
such payments, the county treasurer shall ~~refund the payment made~~	18459
byreimburse the certificate holder ~~to initiate~~who initiated	18460
foreclosure proceedings as provided in division (D) of this	18461
section. The county treasurer shall pay the certificate holder	18462
interest at the rate of eighteen per cent per year on amounts	18463
paid under divisions (B)(2) and (3) of section 5721.37 of the	18464
Revised Code, beginning on the day the certificate holder paid	18465
the amounts under those divisions and ending on the day the	18466
parcel is redeemed under this section.	18467

(C)(1) During the period beginning on the date a tax	18468
certificate is sold under section 5721.32 of the Revised Code and	18469
ending one year from that date, the county treasurer may enter	18470
into a redemption payment plan with the owner of record of the	18471
certificate parcel or any other person entitled to redeem that	18472
parcel. The plan shall require the owner or other person to pay	18473
the certificate redemption price for the tax certificate in	18474
installments, with the final installment due no later than one	18475
year after the date the tax certificate is sold. The certificate	18476
holder may at any time, by written notice to the county treasurer,	18477
agree to accept installments collected to the date of notice as	18478
payment in full. Receipt of such notice by the treasurer shall	18479
constitute satisfaction of the payment plan and redemption of the	18480
tax certificate.	18481

(2) During the period beginning on the date a tax certificate	18482
is sold under section 5721.33 of the Revised Code and ending on	18483
the date the decree is rendered on the foreclosure proceeding	18484
under division (F) of section 5721.37 of the Revised Code, the	18485
owner of record of the certificate parcel, or any other person	18486
entitled to redeem that parcel, may enter into a redemption	18487
payment plan with the certificate holder and all secured parties	18488
of the certificate holder. The plan shall require the owner or	18489
other person to pay the certificate redemption price for the tax	18490
certificate, an administrative fee not to exceed one hundred	18491
dollars per year, and the actual fees and costs incurred, in	18492
installments, with the final installment due no later than ~~three~~	18493
six years after the date the tax certificate is sold. The	18494
certificate holder shall give written notice of the plan to the	18495
applicable county treasurer within sixty days after entering into	18496
the plan and written notice of default under the plan within	18497
ninety days after the default. If such a plan is entered into, the	18498
time period for filing a request for foreclosure or a notice of	18499
intent to foreclose under section 5721.37 of the Revised Code is	18500
extended by the length of time the plan is in effect and not in	18501
default.	18502

(D)(1) Immediately upon receipt of full payment under	18503
division (A) or (B) of this section, the county treasurer shall	18504
make an entry to that effect in the tax certificate register,	18505
credit the payment to the tax certificate redemption fund created	18506
in the county treasury, and shall notify ~~each~~the certificate	18507
holder or holders by ordinary first class or certified mail,	18508
~~return receipt requested,~~or by binary means that the parcel has	18509
been redeemed and the lien or liens canceled, and that ~~the tax~~	18510
~~certificates may be redeemed. The county treasurer shall deposit~~	18511
~~into the tax certificate redemption fund created in the county~~	18512
~~treasury an amount equal to the total of the certificate~~	18513
~~redemption prices, together with interest on the certificate~~	18514
~~purchase price for each tax certificate sold respecting the parcel~~	18515
~~at the rate of eighteen per cent per year paid under division (B)~~	18516
~~of this section for the period beginning when the payment was~~	18517
~~submitted by the certificate holder under division (B) of section~~	18518
~~5721.37 of the Revised Code and ending when the parcel was~~	18519
~~redeemed. The~~payment on the certificate or certificates is	18520
forthcoming. The treasurer shall pay the tax certificate holder	18521
or holders promptly.	18522

The county treasurer shall administer the tax certificate	18523
redemption fund for the purpose of redeeming tax certificates.	18524
Interest earned on the fund shall be credited to the county	18525
general fund.	18526

(2) If a redemption payment plan is entered into pursuant to	18527
division (C)(1) of this section, the county treasurer immediately	18528
shall notify each certificate holder by ordinary first class or	18529
certified mail~~, return receipt requested,~~or by binary means of	18530
the terms of the plan. Installment payments made pursuant to the	18531
plan shall be deposited in the tax certificate redemption fund.	18532
Any overpayment of the installments shall be refunded to the	18533
person responsible for causing the overpayment if the person	18534
applies for a refund under this section. If the person responsible	18535
for causing the overpayment fails to apply for a refund under this	18536
section within five years from the date the plan is satisfied, an	18537
amount equal to the overpayment shall be deposited into the	18538
general fund of the county.	18539

Upon satisfaction of the plan, the county treasurer shall	18540
indicate in the tax certificate register that the plan has been	18541
satisfied, and shall notify each certificate holder by ordinary	18542
first class or certified mail~~, return receipt requested,~~or by	18543
binary means that the plan has been satisfied and that ~~tax~~	18544
~~certificates may be redeemed~~payment on the certificate or	18545
certificates is forthcoming. The treasurer shall pay each	18546
certificate holder promptly.	18547

If a redemption payment plan becomes void, the county	18548
treasurer ~~immediately~~ shall notify each certificate holder by	18549
ordinary first class or certified mail~~, return receipt requested~~	18550
or by binary means. If a certificate holder files a request for	18551
foreclosure under section 5721.37 of the Revised Code, upon the	18552
filing of the request for foreclosure, any money paid under the	18553
plan shall be refunded to the person that paid the money under	18554
the plan.	18555

~~(E) To redeem a tax certificate with respect to which payment~~	18556
~~has been made in full under division (A), (B), or (C)(1) of this~~	18557
~~section or division (B)(1) of section 5721.37 of the Revised~~	18558
~~Code, the certificate holder shall present the tax certificate to~~	18559
~~the county treasurer, who shall prepare the redemption~~	18560
~~information. Upon presentation, the county auditor shall draw a~~	18561
~~warrant on the tax certificate redemption fund in the amount of~~	18562
~~the certificate redemption price and any applicable interest~~	18563
~~payable at the rate of eighteen per cent annually on the~~	18564
~~certificate under division (B) of this section. For a parcel that~~	18565
~~was redeemed under division (B) of this section, the certificate~~	18566
~~holder who paid the amounts under division (B) of section 5721.37~~	18567
~~of the Revised Code shall be reimbursed for those amounts,~~	18568
~~together with interest at the rate of eighteen per cent per year~~	18569
~~on the amount paid under division (B)(1) of that section for the~~	18570
~~period beginning when the payment was submitted by the~~	18571
~~certificate holder under division (B) of that section and ending~~	18572
~~when the parcel was redeemed. The treasurer shall mark all copies~~	18573
~~of the tax certificate "redeemed" and return the certificate to~~	18574
~~the certificate holder. The canceled certificate shall serve as~~	18575
~~a receipt evidencing redemption of the tax certificate. If a~~	18576
~~certificate holder fails to redeem a tax certificate within five~~	18577
~~years after notice is served under division (D) of this section~~	18578
~~that tax certificates may be redeemed, an amount equal to the~~	18579
~~certificate redemption price and any applicable interest payable~~	18580
~~at the rate of eighteen per cent annually on the certificate under~~	18581
~~division (B) of this section shall be deposited into the general~~	18582
~~fund of the county.~~	18583

(3) Upon receipt of the payment required under division	18584
(B)(1) of section 5721.37 of the Revised Code, the treasurer shall	18585
pay all other certificate holders and indicate in the tax	18586
certificate register that such certificates have been satisfied.	18587

Sec. 5721.381. (A) At any time prior to payment to the county	18588
treasurer by a certificate holder to initiate foreclosure	18589
proceedings under division (B) of section 5721.37 of the Revised	18590
Code, the owner of record of the certificate parcel or any other	18591
person entitled to redeem that parcel may pay the county treasurer	18592
the certificate redemption price for the tax certificate with the	18593
oldest lien against the parcel. Such a payment cancels that lien	18594
and voids the certificate. Upon receipt of the payment, the	18595
county treasurer shall make an entry to that effect in the tax	18596
certificate register, shall deposit the payment to the credit of	18597
the tax certificate redemption fund, and shall notify the	18598
certificate holder by ordinary first class or certified mail or by	18599
binary means that the lien has been canceled and that payment on	18600
the certificate is forthcoming. The treasurer shall pay the	18601
holder of that certificate promptly.	18602

(B) A person who makes a payment to the county treasurer	18603
under division (A) of this section for the tax certificate with	18604
the oldest lien may make additional payments under that division	18605
for other tax certificates related to the parcel, in priority	18606
order based on the earliest date of attachment of the liens.	18607

(C) A property owner or other person shall make, and the	18608
county treasurer shall accept and apply, payments under this	18609
section only in priority order based on the earliest date of	18610
attachment of the liens.	18611

Sec. 5721.39. (A) In its judgment of foreclosure rendered	18612
~~with respect to~~in actions filed pursuant to section 5721.37 of	18613
the Revised Code, the court shall enter a finding that includes	18614
all of the following with respect to the certificate parcel of	18615
~~the~~:	18616

(1) The amount of the sum of the certificate redemption	18617
prices ~~respecting~~for all the tax certificates sold against the	18618
parcel; ~~interest~~	18619

(2) Interest on the certificate purchase prices of ~~those~~all	18620
certificates at the rate of eighteen per cent per year for the	18621
period beginning on the day on which the payment was submitted by	18622
the certificate holder under division (B) of section 5721.37 of	18623
the Revised Code;	18624

(3) The amount paid under division (B)(2) of section	18625
5721.37 of the Revised Code, plus interest at the rate of eighteen	18626
per cent per year for the period beginning on the day the	18627
certificate holder filed a request for foreclosure or a notice of	18628
intent to foreclose under division (A) of that section; ~~any~~	18629

(4) Any delinquent taxes~~, assessments, penalties, interest,~~	18630
~~and charges~~ on the parcel that are not covered by a ~~tax~~	18631
~~certificate~~payment under division (B)(2) of section 5721.37 of	18632
the Revised Code; ~~and fees~~	18633

(5) Fees and costs incurred in the foreclosure proceeding	18634
instituted against the parcel, including, without limitation, the	18635
fees and costs of the prosecuting attorney represented by the fee	18636
paid under division (B)(3) of section 5721.37 of the Revised Code,	18637
plus interest as provided in division (D)(2)(d) of this section,	18638
or the fees and costs of the private attorney representing the	18639
certificate holder, and charges paid or incurred in procuring	18640
title searches and abstracting services relative to the subject	18641
premises. ~~The~~	18642

(B) The court may order the certificate parcel to be sold,	18643
without appraisal and as set forth in the prayer of the complaint,	18644
for not less than the amount of its finding, or, in the event ~~that~~	18645
~~the court finds~~ that the true value of the certificate parcel as	18646
determined by the county auditor is less than the certificate	18647
~~purchase~~redemption price, the court may, as prayed for in the	18648
complaint, issue a decree transferring fee simple title free and	18649
clear of all subordinate liens to the certificate holder. A decree	18650
of the court transferring fee simple title to the certificate	18651
holder is forever a bar to all rights of redemption with respect	18652
to the certificate parcel.	18653

(C) Each certificate parcel shall be advertised and sold by	18654
the officer to whom the order of sale is directed in the manner	18655
provided by law for the sale of real property on execution. The	18656
advertisement for sale of certificate parcels shall be published	18657
once a week for three consecutive weeks and shall include the date	18658
on which a second sale will be conducted if no bid is accepted at	18659
the first sale. Any number of parcels may be included in one	18660
advertisement.	18661

Whenever the officer charged to conduct the sale offers a	18662
certificate parcel for sale and no bids are made equal to at least	18663
the amount of the court's finding, the officer shall adjourn the	18664
sale of the parcel to the second date that was specified in the	18665
advertisement of sale. The second sale shall be held at the same	18666
place and commence at the same time as set forth in the	18667
advertisement of sale. The officer shall offer any parcel not sold	18668
at the first sale. Upon the conclusion of any sale, or if any	18669
parcel remains unsold after being offered at two sales, the	18670
officer conducting the sale shall report the results to the court.	18671

(D) Upon the confirmation of a sale, the proceeds of the sale	18672
shall be applied as follows:	18673

~~(A)~~(1) The fees and costs incurred in the proceeding filed	18674
against the parcel pursuant to section 5721.37 of the Revised Code	18675
~~, not including~~shall be paid first, including attorney's fees of	18676
the certificate holder's attorney payable under division (F) of	18677
that section, or the county prosecutor's costs covered by the fee	18678
paid by the certificate holder under division (B)(3) of that	18679
section~~, shall be paid first~~.	18680

~~(B)~~(2) Following the payment required by division ~~(A)~~(D)(1)	18681
of this section, the certificate holder that ~~requested the~~	18682
~~foreclosure~~filed the notice of intent to foreclose or request for	18683
foreclosure with the county treasurer shall be paid the sum of the	18684
following amounts:	18685

~~(1)~~(a) The sum of the amount found due for the certificate	18686
redemption prices of all the tax certificates~~, other than those~~	18687
~~certificates described in division (B)(1) of section 5721.37 of~~	18688
~~the Revised Code,~~ that are sold against the parcel ~~to the~~	18689
~~certificate holder requesting a notice of foreclosure~~;	18690

~~(2)~~(b) Any premium paid by the certificate holder at the time	18691
of purchase;	18692

~~(3)~~(c) Interest on the amounts paid by the certificate holder	18693
under division (B)(1) of section 5721.37 of the Revised Code at	18694
the rate of eighteen per cent per year beginning on the day on	18695
which the payment was submitted by the certificate holder to the	18696
county treasurer and ending on the day immediately preceding the	18697
day on which the proceeds of the foreclosure sale are paid to the	18698
certificate holder;	18699

~~(4)~~(d) Interest on the amounts paid by the certificate holder	18700
under divisions (B)(2) and (3) of section 5721.37 of the Revised	18701
Code at the rate of eighteen per cent per year beginning on the	18702
day on which the payment was submitted by the certificate holder	18703
under divisions (B)(2) and (3) of that section ~~5721.37 of the~~	18704
~~Revised Code~~ and ending on the day immediately preceding the day	18705
on which the proceeds of the foreclosure sale are paid to the	18706
certificate holder pursuant to this section, except that such	18707
interest shall not accrue for more than three years if the	18708
certificate was sold under section 5721.32 of the Revised Code,	18709
or under section 5721.42 of the Revised Code by the holder of a	18710
certificate issued under section 5721.32 of the Revised Code, or	18711
more than six years if the certificate was sold under section	18712
5721.33 of the Revised Code, or under section 5721.42 of the	18713
Revised Code by the holder of a certificate issued under section	18714
5721.33 of the Revised Code, after the day the amounts were paid	18715
by the certificate holder under divisions (B)(2) and (3) of	18716
section 5721.37 of the Revised Code ~~if the certificate holder did~~	18717
~~not submit that payment before the end of that six-year period~~;	18718

~~(5)~~(e) The amounts paid by the certificate holder under	18719
divisions (B)(1), (2), and (3) of section 5721.37 of the Revised	18720
Code.	18721

~~(C)~~(3) Following the payment required by division ~~(B)~~(D)(2)	18722
of this section, any amount due for taxes, assessments, charges,	18723
penalties, and interest not covered by the tax certificate	18724
holder's payment under division (B)(2) of section 5721.37 of the	18725
Revised Code shall be paid, including all taxes, assessments,	18726
charges, penalties, and interest payable subsequent to the entry	18727
of the finding and prior to the transfer of the deed of the parcel	18728
to the purchaser following confirmation of sale. If the proceeds	18729
available for distribution pursuant to this division are	18730
insufficient to pay the entire amount of those taxes, assessments,	18731
charges, penalties, and interest, the proceeds shall be paid to	18732
each claimant in proportion to the amount of those taxes,	18733
assessments, charges, penalties, and interest that each is due,	18734
and those taxes, assessments, charges, penalties, and interest are	18735
deemed satisfied and shall be removed from the tax list and	18736
duplicate.	18737

(4) Any residue of money from proceeds of the sale shall be	18738
disposed of as prescribed by section 5721.20 of the Revised Code.	18739

(E) Unless the parcel previously was redeemed pursuant to	18740
section 5721.25 or 5721.38 of the Revised Code, upon the filing of	18741
the entry of confirmation of sale, the title to the parcel is	18742
incontestable in the purchaser and is free and clear of all liens	18743
and encumbrances, except a federal tax lien, notice of which lien	18744
is properly filed in accordance with section 317.09 of the Revised	18745
Code prior to the date that a foreclosure proceeding is instituted	18746
pursuant to section 5721.37 of the Revised Code, and which lien	18747
was foreclosed in accordance with 28 U.S.C.A. 2410(c), and except	18748
for the easements and covenants of record running with the land or	18749
lots that were created prior to the time the taxes or assessments,	18750
for the nonpayment of which a tax certificate was issued and the	18751
parcel sold at foreclosure, became due and payable.	18752

The title shall not be invalid because of any irregularity,	18753
informality, or omission of any proceedings under this chapter or	18754
in any processes of taxation, if such irregularity, informality,	18755
or omission does not abrogate the provision for notice to holders	18756
of title, lien, or mortgage to, or other interests in, such	18757
foreclosed parcels, as prescribed in this chapter.	18758

Sec. 5721.40. If any tax certificate parcel is twice offered	18759
for sale pursuant to section 5721.39 of the Revised Code and	18760
remains unsold for want of bidders, the officer who conducted the	18761
sales shall certify to the court that the parcel remains unsold	18762
after two sales. The court, by entry, shall order the parcel	18763
forfeited to the certificate holder who filed the request for	18764
foreclosure or notice of intent to foreclose under section 5721.37	18765
of the Revised Code. The clerk of the court shall certify copies	18766
of the court's order to the county treasurer. The county treasurer	18767
shall notify the certificate holder by ordinary and certified	18768
mail, return receipt requested, that the parcel remains unsold,	18769
and shall instruct the certificate holder of the manner in which	18770
the holder shall obtain the deed to the parcel. The officer who	18771
conducted the sales shall prepare and record the deed conveying	18772
title to the parcel to the certificate holder.	18773

Upon transfer of the deed to the certificate holder under	18774
this section, all right, title, claim, and interest in the	18775
certificate parcel are transferred to and vested in the	18776
certificate holder. The title to the parcel is incontestable in	18777
the certificate holder and is free and clear of all liens and	18778
encumbrances, except the following:	18779

(A) A federal tax lien, notice of which was properly filed in	18780
accordance with section 317.09 of the Revised Code prior to the	18781
date that the foreclosure proceeding was instituted under section	18782
5721.37 of the Revised Code and which was foreclosed in accordance	18783
with 28 U.S.C. 2410(c);	18784

(B) Easements and covenants of record running with the land	18785
that were created prior to the time the taxes or assessments, for	18786
the nonpayment of which a tax certificate was issued, became due	18787
and payable.	18788

Sec. 5721.41. ~~Interest~~All interest required under sections	18789
5721.30 to 5721.43 of the Revised Code is simple interest, to be	18790
calculated on a principal amount and not compounded on earned	18791
interest. The interest charged shall equal one-twelfth of the	18792
annual interest rate multiplied by the principal amount. Interest	18793
charges under those sections shall accrue on a monthly basis, on	18794
the first day of the month following the beginning of the period	18795
during which interest accrues and on the first day of each	18796
subsequent month. Notwithstanding the preceding sentence, the six	18797
per cent charge described in division (E)(1)(b) of section	18798
5721.30 of the Revised Code shall apply even if the tax	18799
certificate is redeemed before the first day of the month	18800
following the date that the certificate is purchased.	18801

Sec. 5721.42. ~~Not less than sixty nor more than ninety days~~	18802
~~following the date set by~~After the settlement required under	18803
division (C) of section ~~323.12 or 323.17~~321.24 of the Revised	18804
Code ~~for the payment of the second installment of current taxes~~,	18805
the county treasurer shall notify the certificate holder of the	18806
most recently issued tax certificate, by ordinary first class or	18807
certified mail or by binary means, that the certificate holder	18808
may ~~pay~~purchase a subsequent tax certificate by paying all	18809
delinquent taxes~~, assessments, penalties, interest, and charges~~ on	18810
the related certificate parcel, the lien against which has not	18811
been transferred by the sale of a tax certificate. During the	18812
thirty days after receiving the notice, the certificate holder	18813
possesses the exclusive right to purchase the subsequent tax	18814
certificate by paying those amounts to the county treasurer. The	18815
amount of the payment shall constitute a separate lien against	18816
the certificate parcel that shall be evidenced by the issuance	18817
by the treasurer to the certificate holder of an additional tax	18818
certificate with respect to the delinquent taxes~~, assessments,~~	18819
~~penalties, interest, and fees~~ so paid on the related certificate	18820
parcel. The amount of the payment as set forth in the tax	18821
certificate shall earn interest at the rate of eighteen per cent	18822
per year.	18823

Sec. 5721.43. (A) NoWithout the prior written consent of the	18824
county treasurer, no person shall directly, through an agent, or	18825
otherwise, initiate contact with the owner of a parcel with	18826
respect to which the person holds a tax certificate to encourage	18827
or demand payment before one year has elapsed following the	18828
purchase of the certificate.	18829

(B) A county treasurer may bar any person who violates	18830
division (A) of this section from bidding at a tax certificate	18831
sale conducted by the treasurer.	18832

(C)(1) The attorney general or county prosecuting attorney,	18833
upon written request of a county treasurer, shall bring an action	18834
for an injunction against any person who has violated, is	18835
violating, or is threatening to violate division (A) of this	18836
section.	18837

(2) Any person who violates division (A) of this section	18838
shall be assessed a civil penalty of not more than five thousand	18839
dollars for each offense to be paid into the state treasury to the	18840
credit of the general revenue fund. Upon written request of a	18841
county treasurer, the attorney general or county prosecuting	18842
attorney shall commence an action against any such violator. Any	18843
action under this division is a civil action, governed by the	18844
Rules of Civil Procedure and other rules of practice and procedure	18845
applicable to civil actions.	18846

Sec. 5727.85. (A) By the thirty-first day of July of each	18847
year, beginning in 2002 and ending in 2016, the department of	18848
education shall determine the following for each school district	18849
and each joint vocational school district ~~eligible for payment~~	18850
~~under division (C) or (D) of this section~~:	18851

(1) The state education aid offset, which is the difference	18852
obtained by subtracting the amount described in division (A)(1)(b)	18853
of this section from the amount described in division (A)(1)(a) of	18854
this section:	18855

(a) The state education aid computed for the school district	18856
or joint vocational school district for the current fiscal year as	18857
of the thirty-first day of July;	18858

(b) The state education aid that would be computed for the	18859
school district or joint vocational school district for the	18860
current fiscal year as of the thirty-first day of July if the	18861
recognized valuation included the tax value loss for the school	18862
district or joint vocational school district.	18863

(2) The greater of zero or the difference obtained by	18864
subtracting the state education aid offset determined under	18865
division (A)(1) of this section from the fixed-rate levy loss	18866
certified under division (J) of section 5727.84 of the Revised	18867
Code for all taxing districts in each school district and joint	18868
vocational school district.	18869

By the fifth day of August of each such year, the department	18870
of education shall certify the amount so determined under division	18871
(A)(1) of this section to the director of budget and management.	18872

(B) Not later than the thirty-first day of October of the	18873
years 2006 through 2016, the department of education shall	18874
determine all of the following for each school district:	18875

(1) The amount obtained by subtracting the district's state	18876
education aid computed for fiscal year 2002 from the district's	18877
state education aid computed for the current fiscal year as of the	18878
fifteenth day of July, by including in the definition of	18879
recognized valuation the machinery and equipment, inventory,	18880
furniture and fixtures, and telephone property tax value losses,	18881
as defined in section 5751.20 of the Revised Code, for the school	18882
district or joint vocational school district for the preceding tax	18883
year;	18884

(2) The inflation-adjusted property tax loss. The	18885
inflation-adjusted property tax loss equals the fixed-rate levy	18886
loss, excluding the tax loss from levies within the ten-mill	18887
limitation to pay debt charges, determined under division (G) of	18888
section 5727.84 of the Revised Code for all taxing districts in	18889
each school district, plus the product obtained by multiplying	18890
that loss by the cumulative percentage increase in the consumer	18891
price index from January 1, 2002, to the thirtieth day of June of	18892
the current year.	18893

(3) The difference obtained by subtracting the amount	18894
computed under division (B)(1) from the amount of the	18895
inflation-adjusted property tax loss. If this difference is zero	18896
or a negative number, no further payments shall be made under	18897
division (C) of this section to the school district from the	18898
school district property tax replacement fund.	18899

(C) The department of education shall pay from the school	18900
district property tax replacement fund to each school district all	18901
of the following:	18902

(1) In February 2002, one-half of the fixed-rate levy loss	18903
certified under division (J) of section 5727.84 of the Revised	18904
Code between the twenty-first and twenty-eighth days of February.	18905

(2) From August 2002 through August 2017, one-half of the	18906
amount calculated for that fiscal year under division (A)(2) of	18907
this section between the twenty-first and twenty-eighth days of	18908
August and of February, provided the difference computed under	18909
division (B)(3) of this section is not less than or equal to zero.	18910

For taxes levied within the ten-mill limitation for debt	18911
purposes in tax year 1998 in the case of electric company tax	18912
value losses, and in tax year 1999 in the case of natural gas	18913
company tax value losses, payments shall be made equal to one	18914
hundred per cent of the loss computed as if the tax were a	18915
fixed-rate levy, but those payments shall extend from fiscal year	18916
2006 through fiscal year 2016.	18917

The department of education shall report to each school	18918
district the apportionment of the payments among the school	18919
district's funds based on the certifications under division (J) of	18920
section 5727.84 of the Revised Code.	18921

(D) Not later than January 1, 2002, for all taxing districts	18922
in each joint vocational school district, the tax commissioner	18923
shall certify to the department of education the fixed-rate levy	18924
loss determined under division (G) of section 5727.84 of the	18925
Revised Code. From February 2002 to August 2016, the department	18926
shall pay from the school district property tax replacement fund	18927
to the joint vocational school district one-half of the amount	18928
calculated for that fiscal year under division (A)(2) of this	18929
section between the twenty-first and twenty-eighth days of August	18930
and of February.	18931

(E)(1) Not later than January 1, 2002, for each fixed-sum	18932
levy levied by each school district or joint vocational school	18933
district and for each year for which a determination is made under	18934
division (H) of section 5727.84 of the Revised Code that a	18935
fixed-sum levy loss is to be reimbursed, the tax commissioner	18936
shall certify to the department of education the fixed-sum levy	18937
loss determined under that division. The certification shall cover	18938
a time period sufficient to include all fixed-sum levies for which	18939
the tax commissioner made such a determination. The department	18940
shall pay from the school district property tax replacement fund	18941
to the school district or joint vocational school district	18942
one-half of the fixed-sum levy loss so certified for each year	18943
between the twenty-first and twenty-eighth days of August and of	18944
February.	18945

(2) Beginning in 2003, by the thirty-first day of January of	18946
each year, the tax commissioner shall review the certification	18947
originally made under division (E)(1) of this section. If the	18948
commissioner determines that a debt levy that had been scheduled	18949
to be reimbursed in the current year has expired, a revised	18950
certification for that and all subsequent years shall be made to	18951
the department of education.	18952

(F) If the balance of the half-mill equalization fund created	18953
under section 3318.18 of the Revised Code is insufficient to make	18954
the full amount of payments required under division (D) of that	18955
section, the department of education, at the end of the third	18956
quarter of the fiscal year, shall certify to the director of	18957
budget and management the amount of the deficiency, and the	18958
director shall transfer an amount equal to the deficiency from the	18959
school district property tax replacement fund to the half-mill	18960
equalization fund.	18961

(G) Beginning in August 2002, and ending in May 2017, the	18962
director of budget and management shall transfer from the school	18963
district property tax replacement fund to the general revenue fund	18964
each of the following:	18965

(1) Between the twenty-eighth day of August and the fifth day	18966
of September, the lesser of one-half of the amount certified for	18967
that fiscal year under division (A)(2) of this section or the	18968
balance in the school district property tax replacement fund;	18969

(2) Between the first and fifth days of May, the lesser of	18970
one-half of the amount certified for that fiscal year under	18971
division (A)(2) of this section or the balance in the school	18972
district property tax replacement fund.	18973

(H) On the first day of June each year, the director of	18974
budget and management shall transfer any balance remaining in the	18975
school district property tax replacement fund after the payments	18976
have been made under divisions (C), (D), (E), (F), and (G) of this	18977
section to the half-mill equalization fund created under section	18978
3318.18 of the Revised Code to the extent required to make any	18979
payments in the current fiscal year under that section, and shall	18980
transfer the remaining balance to the general revenue fund.	18981

(I) From fiscal year 2002 through fiscal year 2016, if the	18982
total amount in the school district property tax replacement fund	18983
is insufficient to make all payments under divisions (C), (D),	18984
(E), and (F) of this section at the time the payments are to be	18985
made, the director of budget and management shall transfer from	18986
the general revenue fund to the school district property tax	18987
replacement fund the difference between the total amount to be	18988
paid and the total amount in the school district property tax	18989
replacement fund, except that no transfer shall be made by reason	18990
of a deficiency to the extent that it results from the amendment	18991
of section 5727.84 of the Revised Code by Amended Substitute House	18992
Bill No. 95 of the 125th general assembly.	18993

(J) If all of the territory of a school district or joint	18994
vocational school district is merged with an existing district, or	18995
if a part of the territory of a school district or joint	18996
vocational school district is transferred to an existing or new	18997
district, the department of education, in consultation with the	18998
tax commissioner, shall adjust the payments made under this	18999
section as follows:	19000

(1) For the merger of all of the territory of two or more	19001
districts, the fixed-rate levy loss and the fixed-sum levy loss of	19002
the successor district shall be equal to the sum of the fixed-rate	19003
levy losses and the fixed-sum levy losses for each of the	19004
districts involved in the merger.	19005

(2) For the transfer of a part of one district's territory to	19006
an existing district, the amount of the fixed-rate levy loss that	19007
is transferred to the recipient district shall be an amount equal	19008
to the transferring district's total fixed-rate levy loss times a	19009
fraction, the numerator of which is the value of electric company	19010
tangible personal property located in the part of the territory	19011
that was transferred, and the denominator of which is the total	19012
value of electric company tangible personal property located in	19013
the entire district from which the territory was transferred. The	19014
value of electric company tangible personal property under this	19015
division shall be determined for the most recent year for which	19016
data is available. Fixed-sum levy losses for both districts shall	19017
be determined under division (J)(4) of this section.	19018

(3) For the transfer of a part of the territory of one or	19019
more districts to create a new district:	19020

(a) If the new district is created on or after January 1,	19021
2000, but before January 1, 2005, the new district shall be paid	19022
its current fixed-rate levy loss through August 2009. From	19023
February 2010 to August 2016, the new district shall be paid the	19024
lesser of: (i) the amount calculated under division (C)(2) of	19025
this section or (ii) an amount equal to the new district's	19026
fixed-rate levy loss multiplied by the percentage prescribed by	19027
the following schedule:	19028

YEAR	PERCENTAGE	19029
2010	70%	19030
2011	70%	19031
2012	60%	19032
2013	50%	19033
2014	40%	19034
2015	24%	19035
2016	11.5%	19036
2017 and thereafter	0%	19037

Fixed-sum levy losses for the districts shall be determined	19038
under division (J)(4) of this section.	19039

(b) If the new district is created on or after January 1,	19040
2005, the new district shall be deemed not to have any fixed-rate	19041
levy loss or, except as provided in division (J)(4) of this	19042
section, fixed-sum levy loss. The district or districts from which	19043
the territory was transferred shall have no reduction in their	19044
fixed-rate levy loss, or, except as provided in division (J)(4) of	19045
this section, their fixed-sum levy loss.	19046

(4) If a recipient district under division (J)(2) of this	19047
section or a new district under division (J)(3)(a) or (b) of this	19048
section takes on debt from one or more of the districts from which	19049
territory was transferred, and any of the districts transferring	19050
the territory had fixed-sum levy losses, the department of	19051
education, in consultation with the tax commissioner, shall make	19052
an equitable division of the fixed-sum levy losses.	19053

(K) There is hereby created the public utility property tax	19054
study committee, effective January 1, 2011. The committee shall	19055
consist of the following seven members: the tax commissioner,	19056
three members of the senate appointed by the president of the	19057
senate, and three members of the house of representatives	19058
appointed by the speaker of the house of representatives. The	19059
appointments shall be made not later than January 31, 2011. The	19060
tax commissioner shall be the chairperson of the committee.	19061

The committee shall study the extent to which each school	19062
district or joint vocational school district has been compensated,	19063
under sections 5727.84 and 5727.85 of the Revised Code as enacted	19064
by Substitute Senate Bill No. 3 of the 123rd general assembly and	19065
any subsequent acts, for the property tax loss caused by the	19066
reduction in the assessment rates for natural gas, electric, and	19067
rural electric company tangible personal property. Not later than	19068
June 30, 2011, the committee shall issue a report of its findings,	19069
including any recommendations for providing additional	19070
compensation for the property tax loss or regarding remedial	19071
legislation, to the president of the senate and the speaker of the	19072
house of representatives, at which time the committee shall cease	19073
to exist.	19074

The department of taxation and department of education shall	19075
provide such information and assistance as is required for the	19076
committee to carry out its duties.	19077

Sec. 5739.01. As used in this chapter:

19078

(A) "Person" includes individuals, receivers, assignees,	19079
trustees in bankruptcy, estates, firms, partnerships,	19080
associations, joint-stock companies, joint ventures, clubs,	19081
societies, corporations, the state and its political subdivisions,	19082
and combinations of individuals of any form.	19083

(B) "Sale" and "selling" include all of the following	19084
transactions for a consideration in any manner, whether absolutely	19085
or conditionally, whether for a price or rental, in money or by	19086
exchange, and by any means whatsoever:	19087

(1) All transactions by which title or possession, or both,	19088
of tangible personal property, is or is to be transferred, or a	19089
license to use or consume tangible personal property is or is to	19090
be granted;	19091

(2) All transactions by which lodging by a hotel is or is to	19092
be furnished to transient guests;	19093

(3) All transactions by which:

19094

(a) An item of tangible personal property is or is to be	19095
repaired, except property, the purchase of which would not be	19096
subject to the tax imposed by section 5739.02 of the Revised Code;	19097

(b) An item of tangible personal property is or is to be	19098
installed, except property, the purchase of which would not be	19099
subject to the tax imposed by section 5739.02 of the Revised Code	19100
or property that is or is to be incorporated into and will become	19101
a part of a production, transmission, transportation, or	19102
distribution system for the delivery of a public utility service;	19103

(c) The service of washing, cleaning, waxing, polishing, or	19104
painting a motor vehicle is or is to be furnished;	19105

(d) Until August 1, 2003, industrial laundry cleaning	19106
services are or are to be provided and, on and after August 1,	19107
2003, laundry and dry cleaning services are or are to be provided;	19108

(e) Automatic data processing, computer services, or	19109
electronic information services are or are to be provided for use	19110
in business when the true object of the transaction is the receipt	19111
by the consumer of automatic data processing, computer services,	19112
or electronic information services rather than the receipt of	19113
personal or professional services to which automatic data	19114
processing, computer services, or electronic information services	19115
are incidental or supplemental. Notwithstanding any other	19116
provision of this chapter, such transactions that occur between	19117
members of an affiliated group are not sales. An "affiliated	19118
group" means two or more persons related in such a way that one	19119
person owns or controls the business operation of another member	19120
of the group. In the case of corporations with stock, one	19121
corporation owns or controls another if it owns more than fifty	19122
per cent of the other corporation's common stock with voting	19123
rights.	19124

(f) Telecommunications service, including prepaid calling	19125
service, prepaid wireless calling service, or ancillary service,	19126
is or is to be provided, but not including coin-operated telephone	19127
service;	19128

(g) Landscaping and lawn care service is or is to be	19129
provided;	19130

(h) Private investigation and security service is or is to be	19131
provided;	19132

(i) Information services or tangible personal property is	19133
provided or ordered by means of a nine hundred telephone call;	19134

(j) Building maintenance and janitorial service is or is to	19135
be provided;	19136

(k) Employment service is or is to be provided;

19137

(l) Employment placement service is or is to be provided;

19138

(m) Exterminating service is or is to be provided;

19139

(n) Physical fitness facility service is or is to be	19140
provided;	19141

(o) Recreation and sports club service is or is to be	19142
provided;	19143

(p) On and after August 1, 2003, satellite broadcasting	19144
service is or is to be provided;	19145

(q) On and after August 1, 2003, personal care service is or	19146
is to be provided to an individual. As used in this division,	19147
"personal care service" includes skin care, the application of	19148
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	19149
piercing, tanning, massage, and other similar services. "Personal	19150
care service" does not include a service provided by or on the	19151
order of a licensed physician or licensed chiropractor, or the	19152
cutting, coloring, or styling of an individual's hair.	19153

(r) On and after August 1, 2003, the transportation of	19154
persons by motor vehicle or aircraft is or is to be provided, when	19155
the transportation is entirely within this state, except for	19156
transportation provided by an ambulance service, by a transit bus,	19157
as defined in section 5735.01 of the Revised Code, and	19158
transportation provided by a citizen of the United States holding	19159
a certificate of public convenience and necessity issued under 49	19160
U.S.C. 41102;	19161

(s) On and after August 1, 2003, motor vehicle towing service	19162
is or is to be provided. As used in this division, "motor vehicle	19163
towing service" means the towing or conveyance of a wrecked,	19164
disabled, or illegally parked motor vehicle.	19165

(t) On and after August 1, 2003, snow removal service is or	19166
is to be provided. As used in this division, "snow removal	19167
service" means the removal of snow by any mechanized means, but	19168
does not include the providing of such service by a person that	19169
has less than five thousand dollars in sales of such service	19170
during the calendar year.	19171

(u) Electronic publishing service is or is to be provided to	19172
a consumer for use in business, except that such transactions	19173
occurring between members of an affiliated group, as defined in	19174
division (B)(3)(e) of this section, are not sales.	19175

(4) All transactions by which printed, imprinted,	19176
overprinted, lithographic, multilithic, blueprinted, photostatic,	19177
or other productions or reproductions of written or graphic matter	19178
are or are to be furnished or transferred;	19179

(5) The production or fabrication of tangible personal	19180
property for a consideration for consumers who furnish either	19181
directly or indirectly the materials used in the production of	19182
fabrication work; and include the furnishing, preparing, or	19183
serving for a consideration of any tangible personal property	19184
consumed on the premises of the person furnishing, preparing, or	19185
serving such tangible personal property. Except as provided in	19186
section 5739.03 of the Revised Code, a construction contract	19187
pursuant to which tangible personal property is or is to be	19188
incorporated into a structure or improvement on and becoming a	19189
part of real property is not a sale of such tangible personal	19190
property. The construction contractor is the consumer of such	19191
tangible personal property, provided that the sale and	19192
installation of carpeting, the sale and installation of	19193
agricultural land tile, the sale and erection or installation of	19194
portable grain bins, or the provision of landscaping and lawn care	19195
service and the transfer of property as part of such service is	19196
never a construction contract.	19197

As used in division (B)(5) of this section:

19198

(a) "Agricultural land tile" means fired clay or concrete	19199
tile, or flexible or rigid perforated plastic pipe or tubing,	19200
incorporated or to be incorporated into a subsurface drainage	19201
system appurtenant to land used or to be used directly in	19202
production by farming, agriculture, horticulture, or floriculture.	19203
The term does not include such materials when they are or are to	19204
be incorporated into a drainage system appurtenant to a building	19205
or structure even if the building or structure is used or to be	19206
used in such production.	19207

(b) "Portable grain bin" means a structure that is used or to	19208
be used by a person engaged in farming or agriculture to shelter	19209
the person's grain and that is designed to be disassembled without	19210
significant damage to its component parts.	19211

(6) All transactions in which all of the shares of stock of a	19212
closely held corporation are transferred, if the corporation is	19213
not engaging in business and its entire assets consist of boats,	19214
planes, motor vehicles, or other tangible personal property	19215
operated primarily for the use and enjoyment of the shareholders;	19216

(7) All transactions in which a warranty, maintenance or	19217
service contract, or similar agreement by which the vendor of the	19218
warranty, contract, or agreement agrees to repair or maintain the	19219
tangible personal property of the consumer is or is to be	19220
provided;	19221

(8) The transfer of copyrighted motion picture films used	19222
solely for advertising purposes, except that the transfer of such	19223
films for exhibition purposes is not a sale.;	19224

(9) On and after August 1, 2003, all transactions by which	19225
tangible personal property is or is to be stored, except such	19226
property that the consumer of the storage holds for sale in the	19227
regular course of business;	19228

(10) All transactions in which "guaranteed auto protection"	19229
is provided whereby a person promises to pay to the consumer the	19230
difference between the amount the consumer receives from motor	19231
vehicle insurance and the amount the consumer owes to a person	19232
holding title to or a lien on the consumer's motor vehicle in the	19233
event the consumer's motor vehicle suffers a total loss under the	19234
terms of the motor vehicle insurance policy or is stolen and not	19235
recovered, if the protection and its price are included in the	19236
purchase or lease agreement.	19237

Except as provided in this section, "sale" and "selling" do	19238
not include transfers of interest in leased property where the	19239
original lessee and the terms of the original lease agreement	19240
remain unchanged, or professional, insurance, or personal service	19241
transactions that involve the transfer of tangible personal	19242
property as an inconsequential element, for which no separate	19243
charges are made.	19244

(C) "Vendor" means the person providing the service or by	19245
whom the transfer effected or license given by a sale is or is to	19246
be made or given and, for sales described in division (B)(3)(i) of	19247
this section, the telecommunications service vendor that provides	19248
the nine hundred telephone service; if two or more persons are	19249
engaged in business at the same place of business under a single	19250
trade name in which all collections on account of sales by each	19251
are made, such persons shall constitute a single vendor.	19252

Physicians, dentists, hospitals, and veterinarians who are	19253
engaged in selling tangible personal property as received from	19254
others, such as eyeglasses, mouthwashes, dentifrices, or similar	19255
articles, are vendors. Veterinarians who are engaged in	19256
transferring to others for a consideration drugs, the dispensing	19257
of which does not require an order of a licensed veterinarian or	19258
physician under federal law, are vendors.	19259

(D)(1) "Consumer" means the person for whom the service is	19260
provided, to whom the transfer effected or license given by a sale	19261
is or is to be made or given, to whom the service described in	19262
division (B)(3)(f) or (i) of this section is charged, or to whom	19263
the admission is granted.	19264

(2) Physicians, dentists, hospitals, and blood banks operated	19265
by nonprofit institutions and persons licensed to practice	19266
veterinary medicine, surgery, and dentistry are consumers of all	19267
tangible personal property and services purchased by them in	19268
connection with the practice of medicine, dentistry, the rendition	19269
of hospital or blood bank service, or the practice of veterinary	19270
medicine, surgery, and dentistry. In addition to being consumers	19271
of drugs administered by them or by their assistants according to	19272
their direction, veterinarians also are consumers of drugs that	19273
under federal law may be dispensed only by or upon the order of a	19274
licensed veterinarian or physician, when transferred by them to	19275
others for a consideration to provide treatment to animals as	19276
directed by the veterinarian.	19277

(3) A person who performs a facility management, or similar	19278
service contract for a contractee is a consumer of all tangible	19279
personal property and services purchased for use in connection	19280
with the performance of such contract, regardless of whether title	19281
to any such property vests in the contractee. The purchase of such	19282
property and services is not subject to the exception for resale	19283
under division (E)(1) of this section.	19284

(4)(a) In the case of a person who purchases printed matter	19285
for the purpose of distributing it or having it distributed to the	19286
public or to a designated segment of the public, free of charge,	19287
that person is the consumer of that printed matter, and the	19288
purchase of that printed matter for that purpose is a sale.	19289

(b) In the case of a person who produces, rather than	19290
purchases, printed matter for the purpose of distributing it or	19291
having it distributed to the public or to a designated segment of	19292
the public, free of charge, that person is the consumer of all	19293
~~tangile~~tangible personal property and services purchased for use	19294
or consumption in the production of that printed matter. That	19295
person is not entitled to claim exemption under division	19296
(B)(42)(f) of section 5739.02 of the Revised Code for any	19297
material incorporated into the printed matter or any equipment,	19298
supplies, or services primarily used to produce the printed	19299
matter.	19300

(c) The distribution of printed matter to the public or to a	19301
designated segment of the public, free of charge, is not a sale to	19302
the members of the public to whom the printed matter is	19303
distributed or to any persons who purchase space in the printed	19304
matter for advertising or other purposes.	19305

(5) A person who makes sales of any of the services listed in	19306
division (B)(3) of this section is the consumer of any tangible	19307
personal property used in performing the service. The purchase of	19308
that property is not subject to the resale exception under	19309
division (E)(1) of this section.	19310

(6) A person who engages in highway transportation for hire	19311
is the consumer of all packaging materials purchased by that	19312
person and used in performing the service, except for packaging	19313
materials sold by such person in a transaction separate from the	19314
service.	19315

(E) "Retail sale" and "sales at retail" include all sales,	19316
except those in which the purpose of the consumer is to resell the	19317
thing transferred or benefit of the service provided, by a person	19318
engaging in business, in the form in which the same is, or is to	19319
be, received by the person.	19320

(F) "Business" includes any activity engaged in by any person	19321
with the object of gain, benefit, or advantage, either direct or	19322
indirect. "Business" does not include the activity of a person in	19323
managing and investing the person's own funds.	19324

(G) "Engaging in business" means commencing, conducting, or	19325
continuing in business, and liquidating a business when the	19326
liquidator thereof holds itself out to the public as conducting	19327
such business. Making a casual sale is not engaging in business.	19328

(H)(1)(a) "Price," except as provided in divisions (H)(2) and	19329
(3) of this section, means the total amount of consideration,	19330
including cash, credit, property, and services, for which tangible	19331
personal property or services are sold, leased, or rented, valued	19332
in money, whether received in money or otherwise, without any	19333
deduction for any of the following:	19334

(i) The vendor's cost of the property sold;

19335

(ii) The cost of materials used, labor or service costs,	19336
interest, losses, all costs of transportation to the vendor, all	19337
taxes imposed on the vendor, including the tax imposed under	19338
Chapter 5751. of the Revised Code, and any other expense of the	19339
vendor;	19340

(iii) Charges by the vendor for any services necessary to	19341
complete the sale;	19342

(iv) On and after August 1, 2003, delivery charges. As used	19343
in this division, "delivery charges" means charges by the vendor	19344
for preparation and delivery to a location designated by the	19345
consumer of tangible personal property or a service, including	19346
transportation, shipping, postage, handling, crating, and packing.	19347

(v) Installation charges;

19348

(vi) Credit for any trade-in.

19349

(b) "Price" includes consideration received by the vendor	19350
from a third party, if the vendor actually receives the	19351
consideration from a party other than the consumer, and the	19352
consideration is directly related to a price reduction or discount	19353
on the sale; the vendor has an obligation to pass the price	19354
reduction or discount through to the consumer; the amount of the	19355
consideration attributable to the sale is fixed and determinable	19356
by the vendor at the time of the sale of the item to the consumer;	19357
and one of the following criteria is met:	19358

(i) The consumer presents a coupon, certificate, or other	19359
document to the vendor to claim a price reduction or discount	19360
where the coupon, certificate, or document is authorized,	19361
distributed, or granted by a third party with the understanding	19362
that the third party will reimburse any vendor to whom the coupon,	19363
certificate, or document is presented;	19364

(ii) The consumer identifies the consumer's self to the	19365
seller as a member of a group or organization entitled to a price	19366
reduction or discount. A preferred customer card that is available	19367
to any patron does not constitute membership in such a group or	19368
organization.	19369

(iii) The price reduction or discount is identified as a	19370
third party price reduction or discount on the invoice received by	19371
the consumer, or on a coupon, certificate, or other document	19372
presented by the consumer.	19373

19374

(i) Discounts, including cash, term, or coupons that are not	19375
reimbursed by a third party that are allowed by a vendor and taken	19376
by a consumer on a sale;	19377

(ii) Interest, financing, and carrying charges from credit	19378
extended on the sale of tangible personal property or services, if	19379
the amount is separately stated on the invoice, bill of sale, or	19380
similar document given to the purchaser;	19381

(iii) Any taxes legally imposed directly on the consumer that	19382
are separately stated on the invoice, bill of sale, or similar	19383
document given to the consumer. For the purpose of this division,	19384
the tax imposed under Chapter 5751. of the Revised Code is not a	19385
tax directly on the consumer, even if the tax or a portion thereof	19386
is separately stated.	19387

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	19388
section, any discount allowed by an automobile manufacturer to its	19389
employee, or to the employee of a supplier, on the purchase of a	19390
new motor vehicle from a new motor vehicle dealer in this state.	19391

(2) In the case of a sale of any new motor vehicle by a new	19392
motor vehicle dealer, as defined in section 4517.01 of the Revised	19393
Code, in which another motor vehicle is accepted by the dealer as	19394
part of the consideration received, "price" has the same meaning	19395
as in division (H)(1) of this section, reduced by the credit	19396
afforded the consumer by the dealer for the motor vehicle received	19397
in trade.	19398

(3) In the case of a sale of any watercraft or outboard motor	19399
by a watercraft dealer licensed in accordance with section	19400
1547.543 of the Revised Code, in which another watercraft,	19401
watercraft and trailer, or outboard motor is accepted by the	19402
dealer as part of the consideration received, "price" has the same	19403
meaning as in division (H)(1) of this section, reduced by the	19404
credit afforded the consumer by the dealer for the watercraft,	19405
watercraft and trailer, or outboard motor received in trade. As	19406
used in this division, "watercraft" includes an outdrive unit	19407
attached to the watercraft.	19408

(I) "Receipts" means the total amount of the prices of the	19409
sales of vendors, provided that cash discounts allowed and taken	19410
on sales at the time they are consummated are not included, minus	19411
any amount deducted as a bad debt pursuant to section 5739.121 of	19412
the Revised Code. "Receipts" does not include the sale price of	19413
property returned or services rejected by consumers when the full	19414
sale price and tax are refunded either in cash or by credit.	19415

(J) "Place of business" means any location at which a person	19416
engages in business.	19417

(K) "Premises" includes any real property or portion thereof	19418
upon which any person engages in selling tangible personal	19419
property at retail or making retail sales and also includes any	19420
real property or portion thereof designated for, or devoted to,	19421
use in conjunction with the business engaged in by such person.	19422

(L) "Casual sale" means a sale of an item of tangible	19423
personal property that was obtained by the person making the sale,	19424
through purchase or otherwise, for the person's own use and was	19425
previously subject to any state's taxing jurisdiction on its sale	19426
or use, and includes such items acquired for the seller's use that	19427
are sold by an auctioneer employed directly by the person for such	19428
purpose, provided the location of such sales is not the	19429
auctioneer's permanent place of business. As used in this	19430
division, "permanent place of business" includes any location	19431
where such auctioneer has conducted more than two auctions during	19432
the year.	19433

(M) "Hotel" means every establishment kept, used, maintained,	19434
advertised, or held out to the public to be a place where sleeping	19435
accommodations are offered to guests, in which five or more rooms	19436
are used for the accommodation of such guests, whether the rooms	19437
are in one or several structures.	19438

(N) "Transient guests" means persons occupying a room or	19439
rooms for sleeping accommodations for less than thirty consecutive	19440
days.	19441

(O) "Making retail sales" means the effecting of transactions	19442
wherein one party is obligated to pay the price and the other	19443
party is obligated to provide a service or to transfer title to or	19444
possession of the item sold. "Making retail sales" does not	19445
include the preliminary acts of promoting or soliciting the retail	19446
sales, other than the distribution of printed matter which	19447
displays or describes and prices the item offered for sale, nor	19448
does it include delivery of a predetermined quantity of tangible	19449
personal property or transportation of property or personnel to or	19450
from a place where a service is performed, regardless of whether	19451
the vendor is a delivery vendor.	19452

(P) "Used directly in the rendition of a public utility	19453
service" means that property that is to be incorporated into and	19454
will become a part of the consumer's production, transmission,	19455
transportation, or distribution system and that retains its	19456
classification as tangible personal property after such	19457
incorporation; fuel or power used in the production, transmission,	19458
transportation, or distribution system; and tangible personal	19459
property used in the repair and maintenance of the production,	19460
transmission, transportation, or distribution system, including	19461
only such motor vehicles as are specially designed and equipped	19462
for such use. Tangible personal property and services used	19463
primarily in providing highway transportation for hire are not	19464
used directly in the rendition of a public utility service. In	19465
this definition, "public utility" includes a citizen of the United	19466
States holding, and required to hold, a certificate of public	19467
convenience and necessity issued under 49 U.S.C. 41102.	19468

(Q) "Refining" means removing or separating a desirable	19469
product from raw or contaminated materials by distillation or	19470
physical, mechanical, or chemical processes.	19471

(R) "Assembly" and "assembling" mean attaching or fitting	19472
together parts to form a product, but do not include packaging a	19473
product.	19474

(S) "Manufacturing operation" means a process in which	19475
materials are changed, converted, or transformed into a different	19476
state or form from which they previously existed and includes	19477
refining materials, assembling parts, and preparing raw materials	19478
and parts by mixing, measuring, blending, or otherwise committing	19479
such materials or parts to the manufacturing process.	19480
"Manufacturing operation" does not include packaging.	19481

(T) "Fiscal officer" means, with respect to a regional	19482
transit authority, the secretary-treasurer thereof, and with	19483
respect to a county that is a transit authority, the fiscal	19484
officer of the county transit board if one is appointed pursuant	19485
to section 306.03 of the Revised Code or the county auditor if the	19486
board of county commissioners operates the county transit system.	19487

(U) "Transit authority" means a regional transit authority	19488
created pursuant to section 306.31 of the Revised Code or a county	19489
in which a county transit system is created pursuant to section	19490
306.01 of the Revised Code. For the purposes of this chapter, a	19491
transit authority must extend to at least the entire area of a	19492
single county. A transit authority that includes territory in more	19493
than one county must include all the area of the most populous	19494
county that is a part of such transit authority. County population	19495
shall be measured by the most recent census taken by the United	19496
States census bureau.	19497

(V) "Legislative authority" means, with respect to a regional	19498
transit authority, the board of trustees thereof, and with respect	19499
to a county that is a transit authority, the board of county	19500
commissioners.	19501

(W) "Territory of the transit authority" means all of the	19502
area included within the territorial boundaries of a transit	19503
authority as they from time to time exist. Such territorial	19504
boundaries must at all times include all the area of a single	19505
county or all the area of the most populous county that is a part	19506
of such transit authority. County population shall be measured by	19507
the most recent census taken by the United States census bureau.	19508

(X) "Providing a service" means providing or furnishing	19509
anything described in division (B)(3) of this section for	19510
consideration.	19511

(Y)(1)(a) "Automatic data processing" means processing of	19512
others' data, including keypunching or similar data entry services	19513
together with verification thereof, or providing access to	19514
computer equipment for the purpose of processing data.	19515

(b) "Computer services" means providing services consisting	19516
of specifying computer hardware configurations and evaluating	19517
technical processing characteristics, computer programming, and	19518
training of computer programmers and operators, provided in	19519
conjunction with and to support the sale, lease, or operation of	19520
taxable computer equipment or systems.	19521

(c) "Electronic information services" means providing access	19522
to computer equipment by means of telecommunications equipment for	19523
the purpose of either of the following:	19524

(i) Examining or acquiring data stored in or accessible to	19525
the computer equipment;	19526

(ii) Placing data into the computer equipment to be retrieved	19527
by designated recipients with access to the computer equipment.	19528

For transactions occurring on or after the effective date of	19529
the amendment of this section by H.B. 157 of the 127th general	19530
assembly, December 21, 2007, "electronic information services"	19531
does not include electronic publishing as defined in division	19532
(LLL) of this section.	19533

(d) "Automatic data processing, computer services, or	19534
electronic information services" shall not include personal or	19535
professional services.	19536

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	19537
section, "personal and professional services" means all services	19538
other than automatic data processing, computer services, or	19539
electronic information services, including but not limited to:	19540

(a) Accounting and legal services such as advice on tax	19541
matters, asset management, budgetary matters, quality control,	19542
information security, and auditing and any other situation where	19543
the service provider receives data or information and studies,	19544
alters, analyzes, interprets, or adjusts such material;	19545

(b) Analyzing business policies and procedures;

19546

19547

(d) Feasibility studies, including economic and technical	19548
analysis of existing or potential computer hardware or software	19549
needs and alternatives;	19550

(e) Designing policies, procedures, and custom software for	19551
collecting business information, and determining how data should	19552
be summarized, sequenced, formatted, processed, controlled, and	19553
reported so that it will be meaningful to management;	19554

(f) Developing policies and procedures that document how	19555
business events and transactions are to be authorized, executed,	19556
and controlled;	19557

(g) Testing of business procedures;

19558

(h) Training personnel in business procedure applications;

19559

(i) Providing credit information to users of such information	19560
by a consumer reporting agency, as defined in the "Fair Credit	19561
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	19562
as hereafter amended, including but not limited to gathering,	19563
organizing, analyzing, recording, and furnishing such information	19564
by any oral, written, graphic, or electronic medium;	19565

(j) Providing debt collection services by any oral, written,	19566
graphic, or electronic means.	19567

The services listed in divisions (Y)(2)(a) to (j) of this	19568
section are not automatic data processing or computer services.	19569

(Z) "Highway transportation for hire" means the	19570
transportation of personal property belonging to others for	19571
consideration by any of the following:	19572

(1) The holder of a permit or certificate issued by this	19573
state or the United States authorizing the holder to engage in	19574
transportation of personal property belonging to others for	19575
consideration over or on highways, roadways, streets, or any	19576
similar public thoroughfare;	19577

(2) A person who engages in the transportation of personal	19578
property belonging to others for consideration over or on	19579
highways, roadways, streets, or any similar public thoroughfare	19580
but who could not have engaged in such transportation on December	19581
11, 1985, unless the person was the holder of a permit or	19582
certificate of the types described in division (Z)(1) of this	19583
section;	19584

(3) A person who leases a motor vehicle to and operates it	19585
for a person described by division (Z)(1) or (2) of this section.	19586

(AA)(1) "Telecommunications service" means the electronic	19587
transmission, conveyance, or routing of voice, data, audio, video,	19588
or any other information or signals to a point, or between or	19589
among points. "Telecommunications service" includes such	19590
transmission, conveyance, or routing in which computer processing	19591
applications are used to act on the form, code, or protocol of the	19592
content for purposes of transmission, conveyance, or routing	19593
without regard to whether the service is referred to as voice-over	19594
internet protocol service or is classified by the federal	19595
communications commission as enhanced or value-added.	19596
"Telecommunications service" does not include any of the	19597
following:	19598

(a) Data processing and information services that allow data	19599
to be generated, acquired, stored, processed, or retrieved and	19600
delivered by an electronic transmission to a consumer where the	19601
consumer's primary purpose for the underlying transaction is the	19602
processed data or information;	19603

(b) Installation or maintenance of wiring or equipment on a	19604
customer's premises;	19605

19606

(d) Advertising, including directory advertising;

19607

(e) Billing and collection services provided to third	19608
parties;	19609

(f) Internet access service;

19610

(g) Radio and television audio and video programming	19611
services, regardless of the medium, including the furnishing of	19612
transmission, conveyance, and routing of such services by the	19613
programming service provider. Radio and television audio and video	19614
programming services include, but are not limited to, cable	19615
service, as defined in 47 U.S.C. 522(6), and audio and video	19616
programming services delivered by commercial mobile radio service	19617
providers, as defined in 47 C.F.R. 20.3;	19618

(h) Ancillary service;

19619

(i) Digital products delivered electronically, including	19620
software, music, video, reading materials, or ring tones.	19621

(2) "Ancillary service" means a service that is associated	19622
with or incidental to the provision of telecommunications service,	19623
including conference bridging service, detailed telecommunications	19624
billing service, directory assistance, vertical service, and voice	19625
mail service. As used in this division:	19626

(a) "Conference bridging service" means an ancillary service	19627
that links two or more participants of an audio or video	19628
conference call, including providing a telephone number.	19629
"Conference bridging service" does not include telecommunications	19630
services used to reach the conference bridge.	19631

(b) "Detailed telecommunications billing service" means an	19632
ancillary service of separately stating information pertaining to	19633
individual calls on a customer's billing statement.	19634

(c) "Directory assistance" means an ancillary service of	19635
providing telephone number or address information.	19636

(d) "Vertical service" means an ancillary service that is	19637
offered in connection with one or more telecommunications	19638
services, which offers advanced calling features that allow	19639
customers to identify callers and manage multiple calls and call	19640
connections, including conference bridging service.	19641

(e) "Voice mail service" means an ancillary service that	19642
enables the customer to store, send, or receive recorded messages.	19643
"Voice mail service" does not include any vertical services that	19644
the customer may be required to have in order to utilize the voice	19645
mail service.	19646

(3) "900 service" means an inbound toll telecommunications	19647
service purchased by a subscriber that allows the subscriber's	19648
customers to call in to the subscriber's prerecorded announcement	19649
or live service, and which is typically marketed under the name	19650
"900" service and any subsequent numbers designated by the federal	19651
communications commission. "900 service" does not include the	19652
charge for collection services provided by the seller of the	19653
telecommunications service to the subscriber, or services or	19654
products sold by the subscriber to the subscriber's customer.	19655

(4) "Prepaid calling service" means the right to access	19656
exclusively telecommunications services, which must be paid for in	19657
advance and which enables the origination of calls using an access	19658
number or authorization code, whether manually or electronically	19659
dialed, and that is sold in predetermined units of dollars of	19660
which the number declines with use in a known amount.	19661

(5) "Prepaid wireless calling service" means a	19662
telecommunications service that provides the right to utilize	19663
mobile telecommunications service as well as other	19664
non-telecommunications services, including the download of digital	19665
products delivered electronically, and content and ancillary	19666
services, that must be paid for in advance and that is sold in	19667
predetermined units of dollars of which the number declines with	19668
use in a known amount.	19669

(6) "Value-added non-voice data service" means a	19670
telecommunications service in which computer processing	19671
applications are used to act on the form, content, code, or	19672
protocol of the information or data primarily for a purpose other	19673
than transmission, conveyance, or routing.	19674

(7) "Coin-operated telephone service" means a	19675
telecommunications service paid for by inserting money into a	19676
telephone accepting direct deposits of money to operate.	19677

(8) "Customer" has the same meaning as in section 5739.034 of	19678
the Revised Code.	19679

(BB) "Laundry and dry cleaning services" means removing soil	19680
or dirt from towels, linens, articles of clothing, or other fabric	19681
items that belong to others and supplying towels, linens, articles	19682
of clothing, or other fabric items. "Laundry and dry cleaning	19683
services" does not include the provision of self-service	19684
facilities for use by consumers to remove soil or dirt from	19685
towels, linens, articles of clothing, or other fabric items.	19686

(CC) "Magazines distributed as controlled circulation	19687
publications" means magazines containing at least twenty-four	19688
pages, at least twenty-five per cent editorial content, issued at	19689
regular intervals four or more times a year, and circulated	19690
without charge to the recipient, provided that such magazines are	19691
not owned or controlled by individuals or business concerns which	19692
conduct such publications as an auxiliary to, and essentially for	19693
the advancement of the main business or calling of, those who own	19694
or control them.	19695

(DD) "Landscaping and lawn care service" means the services	19696
of planting, seeding, sodding, removing, cutting, trimming,	19697
pruning, mulching, aerating, applying chemicals, watering,	19698
fertilizing, and providing similar services to establish, promote,	19699
or control the growth of trees, shrubs, flowers, grass, ground	19700
cover, and other flora, or otherwise maintaining a lawn or	19701
landscape grown or maintained by the owner for ornamentation or	19702
other nonagricultural purpose. However, "landscaping and lawn care	19703
service" does not include the providing of such services by a	19704
person who has less than five thousand dollars in sales of such	19705
services during the calendar year.	19706

(EE) "Private investigation and security service" means the	19707
performance of any activity for which the provider of such service	19708
is required to be licensed pursuant to Chapter 4749. of the	19709
Revised Code, or would be required to be so licensed in performing	19710
such services in this state, and also includes the services of	19711
conducting polygraph examinations and of monitoring or overseeing	19712
the activities on or in, or the condition of, the consumer's home,	19713
business, or other facility by means of electronic or similar	19714
monitoring devices. "Private investigation and security service"	19715
does not include special duty services provided by off-duty police	19716
officers, deputy sheriffs, and other peace officers regularly	19717
employed by the state or a political subdivision.	19718

(FF) "Information services" means providing conversation,	19719
giving consultation or advice, playing or making a voice or other	19720
recording, making or keeping a record of the number of callers,	19721
and any other service provided to a consumer by means of a nine	19722
hundred telephone call, except when the nine hundred telephone	19723
call is the means by which the consumer makes a contribution to a	19724
recognized charity.	19725

(GG) "Research and development" means designing, creating, or	19726
formulating new or enhanced products, equipment, or manufacturing	19727
processes, and also means conducting scientific or technological	19728
inquiry and experimentation in the physical sciences with the goal	19729
of increasing scientific knowledge which may reveal the bases for	19730
new or enhanced products, equipment, or manufacturing processes.	19731

(HH) "Qualified research and development equipment" means	19732
capitalized tangible personal property, and leased personal	19733
property that would be capitalized if purchased, used by a person	19734
primarily to perform research and development. Tangible personal	19735
property primarily used in testing, as defined in division (A)(4)	19736
of section 5739.011 of the Revised Code, or used for recording or	19737
storing test results, is not qualified research and development	19738
equipment unless such property is primarily used by the consumer	19739
in testing the product, equipment, or manufacturing process being	19740
created, designed, or formulated by the consumer in the research	19741
and development activity or in recording or storing such test	19742
results.	19743

(II) "Building maintenance and janitorial service" means	19744
cleaning the interior or exterior of a building and any tangible	19745
personal property located therein or thereon, including any	19746
services incidental to such cleaning for which no separate charge	19747
is made. However, "building maintenance and janitorial service"	19748
does not include the providing of such service by a person who has	19749
less than five thousand dollars in sales of such service during	19750
the calendar year.	19751

(JJ) "Employment service" means providing or supplying	19752
personnel, on a temporary or long-term basis, to perform work or	19753
labor under the supervision or control of another, when the	19754
personnel so provided or supplied receive their wages, salary, or	19755
other compensation from the provider or supplier of the employment	19756
service or from a third party that provided or supplied the	19757
personnel to the provider or supplier. "Employment service" does	19758
not include:	19759

(1) Acting as a contractor or subcontractor, where the	19760
personnel performing the work are not under the direct control of	19761
the purchaser.	19762

(2) Medical and health care services.

19763

(3) Supplying personnel to a purchaser pursuant to a contract	19764
of at least one year between the service provider and the	19765
purchaser that specifies that each employee covered under the	19766
contract is assigned to the purchaser on a permanent basis.	19767

(4) Transactions between members of an affiliated group, as	19768
defined in division (B)(3)(e) of this section.	19769

(5) Transactions where the personnel so provided or supplied	19770
by a provider or supplier to a purchaser of an employment service	19771
are then provided or supplied by that purchaser to a third party	19772
as an employment service, except "employment service" does include	19773
the transaction between that purchaser and the third party.	19774

(KK) "Employment placement service" means locating or finding	19775
employment for a person or finding or locating an employee to fill	19776
an available position.	19777

(LL) "Exterminating service" means eradicating or attempting	19778
to eradicate vermin infestations from a building or structure, or	19779
the area surrounding a building or structure, and includes	19780
activities to inspect, detect, or prevent vermin infestation of a	19781
building or structure.	19782

(MM) "Physical fitness facility service" means all	19783
transactions by which a membership is granted, maintained, or	19784
renewed, including initiation fees, membership dues, renewal fees,	19785
monthly minimum fees, and other similar fees and dues, by a	19786
physical fitness facility such as an athletic club, health spa, or	19787
gymnasium, which entitles the member to use the facility for	19788
physical exercise.	19789

(NN) "Recreation and sports club service" means all	19790
transactions by which a membership is granted, maintained, or	19791
renewed, including initiation fees, membership dues, renewal fees,	19792
monthly minimum fees, and other similar fees and dues, by a	19793
recreation and sports club, which entitles the member to use the	19794
facilities of the organization. "Recreation and sports club" means	19795
an organization that has ownership of, or controls or leases on a	19796
continuing, long-term basis, the facilities used by its members	19797
and includes an aviation club, gun or shooting club, yacht club,	19798
card club, swimming club, tennis club, golf club, country club,	19799
riding club, amateur sports club, or similar organization.	19800

(OO) "Livestock" means farm animals commonly raised for food	19801
or food production, and includes but is not limited to cattle,	19802
sheep, goats, swine, and poultry. "Livestock" does not include	19803
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	19804
animals for use in laboratories or for exhibition, or other	19805
animals not commonly raised for food or food production.	19806

(PP) "Livestock structure" means a building or structure used	19807
exclusively for the housing, raising, feeding, or sheltering of	19808
livestock, and includes feed storage or handling structures and	19809
structures for livestock waste handling.	19810

(QQ) "Horticulture" means the growing, cultivation, and	19811
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	19812
and nursery stock. As used in this division, "nursery stock" has	19813
the same meaning as in section 927.51 of the Revised Code.	19814

(RR) "Horticulture structure" means a building or structure	19815
used exclusively for the commercial growing, raising, or	19816
overwintering of horticultural products, and includes the area	19817
used for stocking, storing, and packing horticultural products	19818
when done in conjunction with the production of those products.	19819

(SS) "Newspaper" means an unbound publication bearing a title	19820
or name that is regularly published, at least as frequently as	19821
biweekly, and distributed from a fixed place of business to the	19822
public in a specific geographic area, and that contains a	19823
substantial amount of news matter of international, national, or	19824
local events of interest to the general public.	19825

(TT) "Professional racing team" means a person that employs	19826
at least twenty full-time employees for the purpose of conducting	19827
a motor vehicle racing business for profit. The person must	19828
conduct the business with the purpose of racing one or more motor	19829
racing vehicles in at least ten competitive professional racing	19830
events each year that comprise all or part of a motor racing	19831
series sanctioned by one or more motor racing sanctioning	19832
organizations. A "motor racing vehicle" means a vehicle for which	19833
the chassis, engine, and parts are designed exclusively for motor	19834
racing, and does not include a stock or production model vehicle	19835
that may be modified for use in racing. For the purposes of this	19836
division:	19837

(1) A "competitive professional racing event" is a motor	19838
vehicle racing event sanctioned by one or more motor racing	19839
sanctioning organizations, at which aggregate cash prizes in	19840
excess of eight hundred thousand dollars are awarded to the	19841
competitors.	19842

(2) "Full-time employee" means an individual who is employed	19843
for consideration for thirty-five or more hours a week, or who	19844
renders any other standard of service generally accepted by custom	19845
or specified by contract as full-time employment.	19846

(UU)(1) "Lease" or "rental" means any transfer of the	19847
possession or control of tangible personal property for a fixed or	19848
indefinite term, for consideration. "Lease" or "rental" includes	19849
future options to purchase or extend, and agreements described in	19850
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	19851
the amount of consideration may be increased or decreased by	19852
reference to the amount realized upon the sale or disposition of	19853
the property. "Lease" or "rental" does not include:	19854

(a) A transfer of possession or control of tangible personal	19855
property under a security agreement or a deferred payment plan	19856
that requires the transfer of title upon completion of the	19857
required payments;	19858

(b) A transfer of possession or control of tangible personal	19859
property under an agreement that requires the transfer of title	19860
upon completion of required payments and payment of an option	19861
price that does not exceed the greater of one hundred dollars or	19862
one per cent of the total required payments;	19863

(c) Providing tangible personal property along with an	19864
operator for a fixed or indefinite period of time, if the operator	19865
is necessary for the property to perform as designed. For purposes	19866
of this division, the operator must do more than maintain,	19867
inspect, or set-up the tangible personal property.	19868

(2) "Lease" and "rental," as defined in division (UU) of this	19869
section, shall not apply to leases or rentals that exist before	19870
June 26, 2003.	19871

(3) "Lease" and "rental" have the same meaning as in division	19872
(UU)(1) of this section regardless of whether a transaction is	19873
characterized as a lease or rental under generally accepted	19874
accounting principles, the Internal Revenue Code, Title XIII of	19875
the Revised Code, or other federal, state, or local laws.	19876

(VV) "Mobile telecommunications service" has the same meaning	19877
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	19878
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	19879
on and after August 1, 2003, includes related fees and ancillary	19880
services, including universal service fees, detailed billing	19881
service, directory assistance, service initiation, voice mail	19882
service, and vertical services, such as caller ID and three-way	19883
calling.	19884

(WW) "Certified service provider" has the same meaning as in	19885
section 5740.01 of the Revised Code.	19886

(XX) "Satellite broadcasting service" means the distribution	19887
or broadcasting of programming or services by satellite directly	19888
to the subscriber's receiving equipment without the use of ground	19889
receiving or distribution equipment, except the subscriber's	19890
receiving equipment or equipment used in the uplink process to the	19891
satellite, and includes all service and rental charges, premium	19892
channels or other special services, installation and repair	19893
service charges, and any other charges having any connection with	19894
the provision of the satellite broadcasting service.	19895

(YY) "Tangible personal property" means personal property	19896
that can be seen, weighed, measured, felt, or touched, or that is	19897
in any other manner perceptible to the senses. For purposes of	19898
this chapter and Chapter 5741. of the Revised Code, "tangible	19899
personal property" includes motor vehicles, electricity, water,	19900
gas, steam, and prewritten computer software.	19901

(ZZ) "Direct mail" means printed material delivered or	19902
distributed by United States mail or other delivery service to a	19903
mass audience or to addressees on a mailing list provided by the	19904
consumer or at the direction of the consumer when the cost of the	19905
items are not billed directly to the recipients. "Direct mail"	19906
includes tangible personal property supplied directly or	19907
indirectly by the consumer to the direct mail vendor for inclusion	19908
in the package containing the printed material. "Direct mail" does	19909
not include multiple items of printed material delivered to a	19910
single address.	19911

(AAA) "Computer" means an electronic device that accepts	19912
information in digital or similar form and manipulates it for a	19913
result based on a sequence of instructions.	19914

(BBB) "Computer software" means a set of coded instructions	19915
designed to cause a computer or automatic data processing	19916
equipment to perform a task.	19917

(CCC) "Delivered electronically" means delivery of computer	19918
software from the seller to the purchaser by means other than	19919
tangible storage media.	19920

(DDD) "Prewritten computer software" means computer software,	19921
including prewritten upgrades, that is not designed and developed	19922
by the author or other creator to the specifications of a specific	19923
purchaser. The combining of two or more prewritten computer	19924
software programs or prewritten portions thereof does not cause	19925
the combination to be other than prewritten computer software.	19926
"Prewritten computer software" includes software designed and	19927
developed by the author or other creator to the specifications of	19928
a specific purchaser when it is sold to a person other than the	19929
purchaser. If a person modifies or enhances computer software of	19930
which the person is not the author or creator, the person shall be	19931
deemed to be the author or creator only of such person's	19932
modifications or enhancements. Prewritten computer software or a	19933
prewritten portion thereof that is modified or enhanced to any	19934
degree, where such modification or enhancement is designed and	19935
developed to the specifications of a specific purchaser, remains	19936
prewritten computer software; provided, however, that where there	19937
is a reasonable, separately stated charge or an invoice or other	19938
statement of the price given to the purchaser for the modification	19939
or enhancement, the modification or enhancement shall not	19940
constitute prewritten computer software.	19941

(EEE)(1) "Food" means substances, whether in liquid,	19942
concentrated, solid, frozen, dried, or dehydrated form, that are	19943
sold for ingestion or chewing by humans and are consumed for their	19944
taste or nutritional value. "Food" does not include alcoholic	19945
beverages, dietary supplements, soft drinks, or tobacco.	19946

(2) As used in division (EEE)(1) of this section:

19947

(a) "Alcoholic beverages" means beverages that are suitable	19948
for human consumption and contain one-half of one per cent or more	19949
of alcohol by volume.	19950

(b) "Dietary supplements" means any product, other than	19951
tobacco, that is intended to supplement the diet and that is	19952
intended for ingestion in tablet, capsule, powder, softgel,	19953
gelcap, or liquid form, or, if not intended for ingestion in such	19954
a form, is not represented as conventional food for use as a sole	19955
item of a meal or of the diet; that is required to be labeled as a	19956
dietary supplement, identifiable by the "supplement facts" box	19957
found on the label, as required by 21 C.F.R. 101.36; and that	19958
contains one or more of the following dietary ingredients:	19959

(i) A vitamin;

19960

(ii) A mineral;

19961

(iii) An herb or other botanical;

19962

(iv) An amino acid;

19963

(v) A dietary substance for use by humans to supplement the	19964
diet by increasing the total dietary intake;	19965

(vi) A concentrate, metabolite, constituent, extract, or	19966
combination of any ingredient described in divisions	19967
(EEE)(2)(b)(i) to (v) of this section.	19968

(c) "Soft drinks" means nonalcoholic beverages that contain	19969
natural or artificial sweeteners. "Soft drinks" does not include	19970
beverages that contain milk or milk products, soy, rice, or	19971
similar milk substitutes, or that contains greater than fifty per	19972
cent vegetable or fruit juice by volume.	19973

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	19974
tobacco, or any other item that contains tobacco.	19975

(FFF) "Drug" means a compound, substance, or preparation, and	19976
any component of a compound, substance, or preparation, other than	19977
food, dietary supplements, or alcoholic beverages that is	19978
recognized in the official United States pharmacopoeia, official	19979
homeopathic pharmacopoeia of the United States, or official	19980
national formulary, and supplements to them; is intended for use	19981
in the diagnosis, cure, mitigation, treatment, or prevention of	19982
disease; or is intended to affect the structure or any function of	19983
the body.	19984

(GGG) "Prescription" means an order, formula, or recipe	19985
issued in any form of oral, written, electronic, or other means of	19986
transmission by a duly licensed practitioner authorized by the	19987
laws of this state to issue a prescription.	19988

(HHH) "Durable medical equipment" means equipment, including	19989
repair and replacement parts for such equipment, that can	19990
withstand repeated use, is primarily and customarily used to serve	19991
a medical purpose, generally is not useful to a person in the	19992
absence of illness or injury, and is not worn in or on the body.	19993
"Durable medical equipment" does not include mobility enhancing	19994
equipment.	19995

(III) "Mobility enhancing equipment" means equipment,	19996
including repair and replacement parts for such equipment, that is	19997
primarily and customarily used to provide or increase the ability	19998
to move from one place to another and is appropriate for use	19999
either in a home or a motor vehicle, that is not generally used by	20000
persons with normal mobility, and that does not include any motor	20001
vehicle or equipment on a motor vehicle normally provided by a	20002
motor vehicle manufacturer. "Mobility enhancing equipment" does	20003
not include durable medical equipment.	20004

(JJJ) "Prosthetic device" means a replacement, corrective, or	20005
supportive device, including repair and replacement parts for the	20006
device, worn on or in the human body to artificially replace a	20007
missing portion of the body, prevent or correct physical deformity	20008
or malfunction, or support a weak or deformed portion of the body.	20009
As used in this division, "prosthetic device" does not include	20010
corrective eyeglasses, contact lenses, or dental prosthesis.	20011

(KKK)(1) "Fractional aircraft ownership program" means a	20012
program in which persons within an affiliated group sell and	20013
manage fractional ownership program aircraft, provided that at	20014
least one hundred airworthy aircraft are operated in the program	20015
and the program meets all of the following criteria:	20016

(a) Management services are provided by at least one program	20017
manager within an affiliated group on behalf of the fractional	20018
owners.	20019

(b) Each program aircraft is owned or possessed by at least	20020
one fractional owner.	20021

(c) Each fractional owner owns or possesses at least a	20022
one-sixteenth interest in at least one fixed-wing program	20023
aircraft.	20024

(d) A dry-lease aircraft interchange arrangement is in effect	20025
among all of the fractional owners.	20026

(e) Multi-year program agreements are in effect regarding the	20027
fractional ownership, management services, and dry-lease aircraft	20028
interchange arrangement aspects of the program.	20029

(2) As used in division (KKK)(1) of this section:

20030

(a) "Affiliated group" has the same meaning as in division	20031
(B)(3)(e) of this section.	20032

(b) "Fractional owner" means a person that owns or possesses	20033
at least a one-sixteenth interest in a program aircraft and has	20034
entered into the agreements described in division (KKK)(1)(e) of	20035
this section.	20036

(c) "Fractional ownership program aircraft" or "program	20037
aircraft" means a turbojet aircraft that is owned or possessed by	20038
a fractional owner and that has been included in a dry-lease	20039
aircraft interchange arrangement and agreement under divisions	20040
(KKK)(1)(d) and (e) of this section, or an aircraft a program	20041
manager owns or possesses primarily for use in a fractional	20042
aircraft ownership program.	20043

(d) "Management services" means administrative and aviation	20044
support services furnished under a fractional aircraft ownership	20045
program in accordance with a management services agreement under	20046
division (KKK)(1)(e) of this section, and offered by the program	20047
manager to the fractional owners, including, at a minimum, the	20048
establishment and implementation of safety guidelines; the	20049
coordination of the scheduling of the program aircraft and crews;	20050
program aircraft maintenance; program aircraft insurance; crew	20051
training for crews employed, furnished, or contracted by the	20052
program manager or the fractional owner; the satisfaction of	20053
record-keeping requirements; and the development and use of an	20054
operations manual and a maintenance manual for the fractional	20055
aircraft ownership program.	20056

(e) "Program manager" means the person that offers management	20057
services to fractional owners pursuant to a management services	20058
agreement under division (KKK)(1)(e) of this section.	20059

(LLL) "Electronic publishing" means providing access to one	20060
or more of the following primarily for business customers,	20061
including the federal government or a state government or a	20062
political subdivision thereof, to conduct research: news;	20063
business, financial, legal, consumer, or credit materials;	20064
editorials, columns, reader commentary, or features; photos or	20065
images; archival or research material; legal notices, identity	20066
verification, or public records; scientific, educational,	20067
instructional, technical, professional, trade, or other literary	20068
materials; or other similar information which has been gathered	20069
and made available by the provider to the consumer in an	20070
electronic format. Providing electronic publishing includes the	20071
functions necessary for the acquisition, formatting, editing,	20072
storage, and dissemination of data or information that is the	20073
subject of a sale.	20074

Sec. 5739.02. For the purpose of providing revenue with	20075
which to meet the needs of the state, for the use of the general	20076
revenue fund of the state, for the purpose of securing a thorough	20077
and efficient system of common schools throughout the state, for	20078
the purpose of affording revenues, in addition to those from	20079
general property taxes, permitted under constitutional	20080
limitations, and from other sources, for the support of local	20081
governmental functions, and for the purpose of reimbursing the	20082
state for the expense of administering this chapter, an excise tax	20083
is hereby levied on each retail sale made in this state.	20084

(A)(1) The tax shall be collected as provided in section	20085
5739.025 of the Revised Code~~, provided that on and after July 1,~~	20086
~~2003, and on or before June 30, 2005, the rate of tax shall be six~~	20087
~~per cent. On and after July 1, 2005, the~~. The rate of the tax	20088
shall be five and one-half per cent. The tax applies and is	20089
collectible when the sale is made, regardless of the time when	20090
the price is paid or delivered.	20091

(2) In the case of the lease or rental, with a fixed term of	20092
more than thirty days or an indefinite term with a minimum period	20093
of more than thirty days, of any motor vehicles designed by the	20094
manufacturer to carry a load of not more than one ton, watercraft,	20095
outboard motor, or aircraft, or of any tangible personal property,	20096
other than motor vehicles designed by the manufacturer to carry a	20097
load of more than one ton, to be used by the lessee or renter	20098
primarily for business purposes, the tax shall be collected by the	20099
vendor at the time the lease or rental is consummated and shall be	20100
calculated by the vendor on the basis of the total amount to be	20101
paid by the lessee or renter under the lease agreement. If the	20102
total amount of the consideration for the lease or rental includes	20103
amounts that are not calculated at the time the lease or rental is	20104
executed, the tax shall be calculated and collected by the vendor	20105
at the time such amounts are billed to the lessee or renter. In	20106
the case of an open-end lease or rental, the tax shall be	20107
calculated by the vendor on the basis of the total amount to be	20108
paid during the initial fixed term of the lease or rental, and for	20109
each subsequent renewal period as it comes due. As used in this	20110
division, "motor vehicle" has the same meaning as in section	20111
4501.01 of the Revised Code, and "watercraft" includes an outdrive	20112
unit attached to the watercraft.	20113

A lease with a renewal clause and a termination penalty or	20114
similar provision that applies if the renewal clause is not	20115
exercised is presumed to be a sham transaction. In such a case,	20116
the tax shall be calculated and paid on the basis of the entire	20117
length of the lease period, including any renewal periods, until	20118
the termination penalty or similar provision no longer applies.	20119
The taxpayer shall bear the burden, by a preponderance of the	20120
evidence, that the transaction or series of transactions is not a	20121
sham transaction.	20122

(3) Except as provided in division (A)(2) of this section, in	20123
the case of a sale, the price of which consists in whole or in	20124
part of the lease or rental of tangible personal property, the tax	20125
shall be measured by the installments of that lease or rental.	20126

(4) In the case of a sale of a physical fitness facility	20127
service or recreation and sports club service, the price of which	20128
consists in whole or in part of a membership for the receipt of	20129
the benefit of the service, the tax applicable to the sale shall	20130
be measured by the installments thereof.	20131

(B) The tax does not apply to the following:

20132

(1) Sales to the state or any of its political subdivisions,	20133
or to any other state or its political subdivisions if the laws of	20134
that state exempt from taxation sales made to this state and its	20135
political subdivisions;	20136

(2) Sales of food for human consumption off the premises	20137
where sold;	20138

(3) Sales of food sold to students only in a cafeteria,	20139
dormitory, fraternity, or sorority maintained in a private,	20140
public, or parochial school, college, or university;	20141

(4) Sales of newspapers and of magazine subscriptions and	20142
sales or transfers of magazines distributed as controlled	20143
circulation publications;	20144

(5) The furnishing, preparing, or serving of meals without	20145
charge by an employer to an employee provided the employer records	20146
the meals as part compensation for services performed or work	20147
done;	20148

(6) Sales of motor fuel upon receipt, use, distribution, or	20149
sale of which in this state a tax is imposed by the law of this	20150
state, but this exemption shall not apply to the sale of motor	20151
fuel on which a refund of the tax is allowable under division (A)	20152
of section 5735.14 of the Revised Code; and the tax commissioner	20153
may deduct the amount of tax levied by this section applicable to	20154
the price of motor fuel when granting a refund of motor fuel tax	20155
pursuant to division (A) of section 5735.14 of the Revised Code	20156
and shall cause the amount deducted to be paid into the general	20157
revenue fund of this state;	20158

(7) Sales of natural gas by a natural gas company, of water	20159
by a water-works company, or of steam by a heating company, if in	20160
each case the thing sold is delivered to consumers through pipes	20161
or conduits, and all sales of communications services by a	20162
telegraph company, all terms as defined in section 5727.01 of the	20163
Revised Code, and sales of electricity delivered through wires;	20164

(8) Casual sales by a person, or auctioneer employed directly	20165
by the person to conduct such sales, except as to such sales of	20166
motor vehicles, watercraft or outboard motors required to be	20167
titled under section 1548.06 of the Revised Code, watercraft	20168
documented with the United States coast guard, snowmobiles, and	20169
all-purpose vehicles as defined in section 4519.01 of the Revised	20170
Code;	20171

(9)(a) Sales of services or tangible personal property, other	20172
than motor vehicles, mobile homes, and manufactured homes, by	20173
churches, organizations exempt from taxation under section	20174
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	20175
organizations operated exclusively for charitable purposes as	20176
defined in division (B)(12) of this section, provided that the	20177
number of days on which such tangible personal property or	20178
services, other than items never subject to the tax, are sold does	20179
not exceed six in any calendar year, except as otherwise provided	20180
in division (B)(9)(b) of this section. If the number of days on	20181
which such sales are made exceeds six in any calendar year, the	20182
church or organization shall be considered to be engaged in	20183
business and all subsequent sales by it shall be subject to the	20184
tax. In counting the number of days, all sales by groups within a	20185
church or within an organization shall be considered to be sales	20186
of that church or organization.	20187

(b) The limitation on the number of days on which tax-exempt	20188
sales may be made by a church or organization under division	20189
(B)(9)(a) of this section does not apply to sales made by student	20190
clubs and other groups of students of a primary or secondary	20191
school, or a parent-teacher association, booster group, or similar	20192
organization that raises money to support or fund curricular or	20193
extracurricular activities of a primary or secondary school.	20194

(c) Divisions (B)(9)(a) and (b) of this section do not apply	20195
to sales by a noncommercial educational radio or television	20196
broadcasting station.	20197

(10) Sales not within the taxing power of this state under	20198
the Constitution of the United States;	20199

(11) Except for transactions that are sales under division	20200
(B)(3)(r) of section 5739.01 of the Revised Code, the	20201
transportation of persons or property, unless the transportation	20202
is by a private investigation and security service;	20203

(12) Sales of tangible personal property or services to	20204
churches, to organizations exempt from taxation under section	20205
501(c)(3) of the Internal Revenue Code of 1986, and to any other	20206
nonprofit organizations operated exclusively for charitable	20207
purposes in this state, no part of the net income of which inures	20208
to the benefit of any private shareholder or individual, and no	20209
substantial part of the activities of which consists of carrying	20210
on propaganda or otherwise attempting to influence legislation;	20211
sales to offices administering one or more homes for the aged or	20212
one or more hospital facilities exempt under section 140.08 of the	20213
Revised Code; and sales to organizations described in division (D)	20214
of section 5709.12 of the Revised Code.	20215

"Charitable purposes" means the relief of poverty; the	20216
improvement of health through the alleviation of illness, disease,	20217
or injury; the operation of an organization exclusively for the	20218
provision of professional, laundry, printing, and purchasing	20219
services to hospitals or charitable institutions; the operation of	20220
a home for the aged, as defined in section 5701.13 of the Revised	20221
Code; the operation of a radio or television broadcasting station	20222
that is licensed by the federal communications commission as a	20223
noncommercial educational radio or television station; the	20224
operation of a nonprofit animal adoption service or a county	20225
humane society; the promotion of education by an institution of	20226
learning that maintains a faculty of qualified instructors,	20227
teaches regular continuous courses of study, and confers a	20228
recognized diploma upon completion of a specific curriculum; the	20229
operation of a parent-teacher association, booster group, or	20230
similar organization primarily engaged in the promotion and	20231
support of the curricular or extracurricular activities of a	20232
primary or secondary school; the operation of a community or area	20233
center in which presentations in music, dramatics, the arts, and	20234
related fields are made in order to foster public interest and	20235
education therein; the production of performances in music,	20236
dramatics, and the arts; or the promotion of education by an	20237
organization engaged in carrying on research in, or the	20238
dissemination of, scientific and technological knowledge and	20239
information primarily for the public.	20240

Nothing in this division shall be deemed to exempt sales to	20241
any organization for use in the operation or carrying on of a	20242
trade or business, or sales to a home for the aged for use in the	20243
operation of independent living facilities as defined in division	20244
(A) of section 5709.12 of the Revised Code.	20245

(13) Building and construction materials and services sold to	20246
construction contractors for incorporation into a structure or	20247
improvement to real property under a construction contract with	20248
this state or a political subdivision of this state, or with the	20249
United States government or any of its agencies; building and	20250
construction materials and services sold to construction	20251
contractors for incorporation into a structure or improvement to	20252
real property that are accepted for ownership by this state or any	20253
of its political subdivisions, or by the United States government	20254
or any of its agencies at the time of completion of the structures	20255
or improvements; building and construction materials sold to	20256
construction contractors for incorporation into a horticulture	20257
structure or livestock structure for a person engaged in the	20258
business of horticulture or producing livestock; building	20259
materials and services sold to a construction contractor for	20260
incorporation into a house of public worship or religious	20261
education, or a building used exclusively for charitable purposes	20262
under a construction contract with an organization whose purpose	20263
is as described in division (B)(12) of this section; building	20264
materials and services sold to a construction contractor for	20265
incorporation into a building under a construction contract with	20266
an organization exempt from taxation under section 501(c)(3) of	20267
the Internal Revenue Code of 1986 when the building is to be used	20268
exclusively for the organization's exempt purposes; building and	20269
construction materials sold for incorporation into the original	20270
construction of a sports facility under section 307.696 of the	20271
Revised Code; and building and construction materials and services	20272
sold to a construction contractor for incorporation into real	20273
property outside this state if such materials and services, when	20274
sold to a construction contractor in the state in which the real	20275
property is located for incorporation into real property in that	20276
state, would be exempt from a tax on sales levied by that state;	20277

(14) Sales of ships or vessels or rail rolling stock used or	20278
to be used principally in interstate or foreign commerce, and	20279
repairs, alterations, fuel, and lubricants for such ships or	20280
vessels or rail rolling stock;	20281

(15) Sales to persons primarily engaged in any of the	20282
activities mentioned in division (B)(42)(a) or (g) of this	20283
section, to persons engaged in making retail sales, or to persons	20284
who purchase for sale from a manufacturer tangible personal	20285
property that was produced by the manufacturer in accordance with	20286
specific designs provided by the purchaser, of packages, including	20287
material, labels, and parts for packages, and of machinery,	20288
equipment, and material for use primarily in packaging tangible	20289
personal property produced for sale, including any machinery,	20290
equipment, and supplies used to make labels or packages, to	20291
prepare packages or products for labeling, or to label packages or	20292
products, by or on the order of the person doing the packaging, or	20293
sold at retail. "Packages" includes bags, baskets, cartons,	20294
crates, boxes, cans, bottles, bindings, wrappings, and other	20295
similar devices and containers, but does not include motor	20296
vehicles or bulk tanks, trailers, or similar devices attached to	20297
motor vehicles. "Packaging" means placing in a package. Division	20298
(B)(15) of this section does not apply to persons engaged in	20299
highway transportation for hire.	20300

(16) Sales of food to persons using food stamp benefits to	20301
purchase the food. As used in this division, "food" has the same	20302
meaning as in the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.	20303
2012, as amended, and federal regulations adopted pursuant to that	20304
act.	20305

(17) Sales to persons engaged in farming, agriculture,	20306
horticulture, or floriculture, of tangible personal property for	20307
use or consumption directly in the production by farming,	20308
agriculture, horticulture, or floriculture of other tangible	20309
personal property for use or consumption directly in the	20310
production of tangible personal property for sale by farming,	20311
agriculture, horticulture, or floriculture; or material and parts	20312
for incorporation into any such tangible personal property for use	20313
or consumption in production; and of tangible personal property	20314
for such use or consumption in the conditioning or holding of	20315
products produced by and for such use, consumption, or sale by	20316
persons engaged in farming, agriculture, horticulture, or	20317
floriculture, except where such property is incorporated into real	20318
property;	20319

(18) Sales of drugs for a human being that may be dispensed	20320
only pursuant to a prescription; insulin as recognized in the	20321
official United States pharmacopoeia; urine and blood testing	20322
materials when used by diabetics or persons with hypoglycemia to	20323
test for glucose or acetone; hypodermic syringes and needles when	20324
used by diabetics for insulin injections; epoetin alfa when	20325
purchased for use in the treatment of persons with medical	20326
disease; hospital beds when purchased by hospitals, nursing homes,	20327
or other medical facilities; and medical oxygen and medical	20328
oxygen-dispensing equipment when purchased by hospitals, nursing	20329
homes, or other medical facilities;	20330

(19) Sales of prosthetic devices, durable medical equipment	20331
for home use, or mobility enhancing equipment, when made pursuant	20332
to a prescription and when such devices or equipment are for use	20333
by a human being.	20334

(20) Sales of emergency and fire protection vehicles and	20335
equipment to nonprofit organizations for use solely in providing	20336
fire protection and emergency services, including trauma care and	20337
emergency medical services, for political subdivisions of the	20338
state;	20339

(21) Sales of tangible personal property manufactured in this	20340
state, if sold by the manufacturer in this state to a retailer for	20341
use in the retail business of the retailer outside of this state	20342
and if possession is taken from the manufacturer by the purchaser	20343
within this state for the sole purpose of immediately removing the	20344
same from this state in a vehicle owned by the purchaser;	20345

(22) Sales of services provided by the state or any of its	20346
political subdivisions, agencies, instrumentalities, institutions,	20347
or authorities, or by governmental entities of the state or any of	20348
its political subdivisions, agencies, instrumentalities,	20349
institutions, or authorities;	20350

(23) Sales of motor vehicles to nonresidents of this state	20351
under the circumstances described in division (B) of section	20352
5739.029 of the Revised Code;	20353

(24) Sales to persons engaged in the preparation of eggs for	20354
sale of tangible personal property used or consumed directly in	20355
such preparation, including such tangible personal property used	20356
for cleaning, sanitizing, preserving, grading, sorting, and	20357
classifying by size; packages, including material and parts for	20358
packages, and machinery, equipment, and material for use in	20359
packaging eggs for sale; and handling and transportation equipment	20360
and parts therefor, except motor vehicles licensed to operate on	20361
public highways, used in intraplant or interplant transfers or	20362
shipment of eggs in the process of preparation for sale, when the	20363
plant or plants within or between which such transfers or	20364
shipments occur are operated by the same person. "Packages"	20365
includes containers, cases, baskets, flats, fillers, filler flats,	20366
cartons, closure materials, labels, and labeling materials, and	20367
"packaging" means placing therein.	20368

(25)(a) Sales of water to a consumer for residential use,	20369
except the sale of bottled water, distilled water, mineral water,	20370
carbonated water, or ice;	20371

(b) Sales of water by a nonprofit corporation engaged	20372
exclusively in the treatment, distribution, and sale of water to	20373
consumers, if such water is delivered to consumers through pipes	20374
or tubing.	20375

(26) Fees charged for inspection or reinspection of motor	20376
vehicles under section 3704.14 of the Revised Code;	20377

(27) Sales to persons licensed to conduct a food service	20378
operation pursuant to section 3717.43 of the Revised Code, of	20379
tangible personal property primarily used directly for the	20380
following:	20381

(a) To prepare food for human consumption for sale;

20382

(b) To preserve food that has been or will be prepared for	20383
human consumption for sale by the food service operator, not	20384
including tangible personal property used to display food for	20385
selection by the consumer;	20386

(c) To clean tangible personal property used to prepare or	20387
serve food for human consumption for sale.	20388

(28) Sales of animals by nonprofit animal adoption services	20389
or county humane societies;	20390

(29) Sales of services to a corporation described in division	20391
(A) of section 5709.72 of the Revised Code, and sales of tangible	20392
personal property that qualifies for exemption from taxation under	20393
section 5709.72 of the Revised Code;	20394

(30) Sales and installation of agricultural land tile, as	20395
defined in division (B)(5)(a) of section 5739.01 of the Revised	20396
Code;	20397

(31) Sales and erection or installation of portable grain	20398
bins, as defined in division (B)(5)(b) of section 5739.01 of the	20399
Revised Code;	20400

(32) The sale, lease, repair, and maintenance of, parts for,	20401
or items attached to or incorporated in, motor vehicles that are	20402
primarily used for transporting tangible personal property	20403
belonging to others by a person engaged in highway transportation	20404
for hire, except for packages and packaging used for the	20405
transportation of tangible personal property;	20406

(33) Sales to the state headquarters of any veterans'	20407
organization in this state that is either incorporated and issued	20408
a charter by the congress of the United States or is recognized by	20409
the United States veterans administration, for use by the	20410
headquarters;	20411

(34) Sales to a telecommunications service vendor, mobile	20412
telecommunications service vendor, or satellite broadcasting	20413
service vendor of tangible personal property and services used	20414
directly and primarily in transmitting, receiving, switching, or	20415
recording any interactive, one- or two-way electromagnetic	20416
communications, including voice, image, data, and information,	20417
through the use of any medium, including, but not limited to,	20418
poles, wires, cables, switching equipment, computers, and record	20419
storage devices and media, and component parts for the tangible	20420
personal property. The exemption provided in this division shall	20421
be in lieu of all other exemptions under division (B)(42)(a) of	20422
this section to which the vendor may otherwise be entitled, based	20423
upon the use of the thing purchased in providing the	20424
telecommunications, mobile telecommunications, or satellite	20425
broadcasting service.	20426

(35)(a) Sales where the purpose of the consumer is to use or	20427
consume the things transferred in making retail sales and	20428
consisting of newspaper inserts, catalogues, coupons, flyers, gift	20429
certificates, or other advertising material that prices and	20430
describes tangible personal property offered for retail sale.	20431

(b) Sales to direct marketing vendors of preliminary	20432
materials such as photographs, artwork, and typesetting that will	20433
be used in printing advertising material; of printed matter that	20434
offers free merchandise or chances to win sweepstake prizes and	20435
that is mailed to potential customers with advertising material	20436
described in division (B)(35)(a) of this section; and of equipment	20437
such as telephones, computers, facsimile machines, and similar	20438
tangible personal property primarily used to accept orders for	20439
direct marketing retail sales.	20440

(c) Sales of automatic food vending machines that preserve	20441
food with a shelf life of forty-five days or less by refrigeration	20442
and dispense it to the consumer.	20443

For purposes of division (B)(35) of this section, "direct	20444
marketing" means the method of selling where consumers order	20445
tangible personal property by United States mail, delivery	20446
service, or telecommunication and the vendor delivers or ships the	20447
tangible personal property sold to the consumer from a warehouse,	20448
catalogue distribution center, or similar fulfillment facility by	20449
means of the United States mail, delivery service, or common	20450
carrier.	20451

(36) Sales to a person engaged in the business of	20452
horticulture or producing livestock of materials to be	20453
incorporated into a horticulture structure or livestock structure;	20454

(37) Sales of personal computers, computer monitors, computer	20455
keyboards, modems, and other peripheral computer equipment to an	20456
individual who is licensed or certified to teach in an elementary	20457
or a secondary school in this state for use by that individual in	20458
preparation for teaching elementary or secondary school students;	20459

(38) Sales to a professional racing team of any of the	20460
following:	20461

(a) Motor racing vehicles;

20462

(b) Repair services for motor racing vehicles;

20463

(c) Items of property that are attached to or incorporated in	20464
motor racing vehicles, including engines, chassis, and all other	20465
components of the vehicles, and all spare, replacement, and	20466
rebuilt parts or components of the vehicles; except not including	20467
tires, consumable fluids, paint, and accessories consisting of	20468
instrumentation sensors and related items added to the vehicle to	20469
collect and transmit data by means of telemetry and other forms of	20470
communication.	20471

(39) Sales of used manufactured homes and used mobile homes,	20472
as defined in section 5739.0210 of the Revised Code, made on or	20473
after January 1, 2000;	20474

(40) Sales of tangible personal property and services to a	20475
provider of electricity used or consumed directly and primarily in	20476
generating, transmitting, or distributing electricity for use by	20477
others, including property that is or is to be incorporated into	20478
and will become a part of the consumer's production, transmission,	20479
or distribution system and that retains its classification as	20480
tangible personal property after incorporation; fuel or power used	20481
in the production, transmission, or distribution of electricity;	20482
and tangible personal property and services used in the repair and	20483
maintenance of the production, transmission, or distribution	20484
system, including only those motor vehicles as are specially	20485
designed and equipped for such use. The exemption provided in this	20486
division shall be in lieu of all other exemptions in division	20487
(B)(42)(a) of this section to which a provider of electricity may	20488
otherwise be entitled based on the use of the tangible personal	20489
property or service purchased in generating, transmitting, or	20490
distributing electricity.	20491

(41) Sales to a person providing services under division	20492
(B)(3)(r) of section 5739.01 of the Revised Code of tangible	20493
personal property and services used directly and primarily in	20494
providing taxable services under that section.	20495

(42) Sales where the purpose of the purchaser is to do any of	20496
the following:	20497

(a) To incorporate the thing transferred as a material or a	20498
part into tangible personal property to be produced for sale by	20499
manufacturing, assembling, processing, or refining; or to use or	20500
consume the thing transferred directly in producing tangible	20501
personal property for sale by mining, including, without	20502
limitation, the extraction from the earth of all substances that	20503
are classed geologically as minerals, production of crude oil and	20504
natural gas, farming, agriculture, horticulture, or floriculture,	20505
or directly in the rendition of a public utility service, except	20506
that the sales tax levied by this section shall be collected upon	20507
all meals, drinks, and food for human consumption sold when	20508
transporting persons. Persons engaged in rendering farming,	20509
agricultural, horticultural, or floricultural services, and	20510
services in the exploration for, and production of, crude oil and	20511
natural gas, for others are deemed engaged directly in farming,	20512
agriculture, horticulture, and floriculture, or exploration for,	20513
and production of, crude oil and natural gas. This paragraph does	20514
not exempt from "retail sale" or "sales at retail" the sale of	20515
tangible personal property that is to be incorporated into a	20516
structure or improvement to real property.	20517

(b) To hold the thing transferred as security for the	20518
performance of an obligation of the vendor;	20519

(c) To resell, hold, use, or consume the thing transferred as	20520
evidence of a contract of insurance;	20521

(d) To use or consume the thing directly in commercial	20522
fishing;	20523

(e) To incorporate the thing transferred as a material or a	20524
part into, or to use or consume the thing transferred directly in	20525
the production of, magazines distributed as controlled circulation	20526
publications;	20527

(f) To use or consume the thing transferred in the production	20528
and preparation in suitable condition for market and sale of	20529
printed, imprinted, overprinted, lithographic, multilithic,	20530
blueprinted, photostatic, or other productions or reproductions of	20531
written or graphic matter;	20532

(g) To use the thing transferred, as described in section	20533
5739.011 of the Revised Code, primarily in a manufacturing	20534
operation to produce tangible personal property for sale;	20535

(h) To use the benefit of a warranty, maintenance or service	20536
contract, or similar agreement, as described in division (B)(7) of	20537
section 5739.01 of the Revised Code, to repair or maintain	20538
tangible personal property, if all of the property that is the	20539
subject of the warranty, contract, or agreement would not be	20540
subject to the tax imposed by this section;	20541

(i) To use the thing transferred as qualified research and	20542
development equipment;	20543

(j) To use or consume the thing transferred primarily in	20544
storing, transporting, mailing, or otherwise handling purchased	20545
sales inventory in a warehouse, distribution center, or similar	20546
facility when the inventory is primarily distributed outside this	20547
state to retail stores of the person who owns or controls the	20548
warehouse, distribution center, or similar facility, to retail	20549
stores of an affiliated group of which that person is a member, or	20550
by means of direct marketing. This division does not apply to	20551
motor vehicles registered for operation on the public highways. As	20552
used in this division, "affiliated group" has the same meaning as	20553
in division (B)(3)(e) of section 5739.01 of the Revised Code and	20554
"direct marketing" has the same meaning as in division (B)(35) of	20555
this section.	20556

(k) To use or consume the thing transferred to fulfill a	20557
contractual obligation incurred by a warrantor pursuant to a	20558
warranty provided as a part of the price of the tangible personal	20559
property sold or by a vendor of a warranty, maintenance or service	20560
contract, or similar agreement the provision of which is defined	20561
as a sale under division (B)(7) of section 5739.01 of the Revised	20562
Code;	20563

(l) To use or consume the thing transferred in the production	20564
of a newspaper for distribution to the public;	20565

(m) To use tangible personal property to perform a service	20566
listed in division (B)(3) of section 5739.01 of the Revised Code,	20567
if the property is or is to be permanently transferred to the	20568
consumer of the service as an integral part of the performance of	20569
the service.;	20570

(n) To use or consume the thing transferred in acquiring,	20571
formatting, editing, storing, and disseminating data or	20572
information by electronic publishing.	20573

As used in division (B)(42) of this section, "thing" includes	20574
all transactions included in divisions (B)(3)(a), (b), and (e) of	20575
section 5739.01 of the Revised Code.	20576

(43) Sales conducted through a coin operated device that	20577
activates vacuum equipment or equipment that dispenses water,	20578
whether or not in combination with soap or other cleaning agents	20579
or wax, to the consumer for the consumer's use on the premises in	20580
washing, cleaning, or waxing a motor vehicle, provided no other	20581
personal property or personal service is provided as part of the	20582
transaction.	20583

(44) Sales of replacement and modification parts for engines,	20584
airframes, instruments, and interiors in, and paint for, aircraft	20585
used primarily in a fractional aircraft ownership program, and	20586
sales of services for the repair, modification, and maintenance of	20587
such aircraft, and machinery, equipment, and supplies primarily	20588
used to provide those services.	20589

(45) Sales of telecommunications service that is used	20590
directly and primarily to perform the functions of a call center.	20591
As used in this division, "call center" means any physical	20592
location where telephone calls are placed or received in high	20593
volume for the purpose of making sales, marketing, customer	20594
service, technical support, or other specialized business	20595
activity, and that employs at least fifty individuals that engage	20596
in call center activities on a full-time basis, or sufficient	20597
individuals to fill fifty full-time equivalent positions.	20598

(46) Sales by a telecommunications service vendor of 900	20599
service to a subscriber. This division does not apply to	20600
information services, as defined in division (FF) of section	20601
5739.01 of the Revised Code.	20602

(47) Sales of value-added non-voice data service. This	20603
division does not apply to any similar service that is not	20604
otherwise a telecommunications service.	20605

(48)(a) Sales of machinery, equipment, and software to a	20606
qualified direct selling entity for use in a warehouse or	20607
distribution center primarily for storing, transporting, or	20608
otherwise handling inventory that is held for sale to independent	20609
salespersons who operate as direct sellers and that is held	20610
primarily for distribution outside this state;	20611

(b) As used in division (B)(48)(a) of this section:

20612

(i) "Direct seller" means a person selling consumer products	20613
to individuals for personal or household use and not from a fixed	20614
retail location, including selling such product at in-home product	20615
demonstrations, parties, and other one-on-one selling.	20616

(ii) "Qualified direct selling entity" means an entity	20617
selling to direct sellers at the time the entity enters into a tax	20618
credit agreement with the tax credit authority pursuant to section	20619
122.17 of the Revised Code, provided that the agreement was	20620
entered into on or after January 1, 2007. Neither contingencies	20621
relevant to the granting of, nor later developments with respect	20622
to, the tax credit shall impair the status of the qualified direct	20623
selling entity under division (B)(48) of this section after	20624
execution of the tax credit agreement by the tax credit authority.	20625

(c) Division (B)(48) of this section is limited to machinery,	20626
equipment, and software first stored, used, or consumed in this	20627
state within the period commencing with the effective date of the	20628
amendment of this section by the capital appropriations act of the	20629
127th general assembly and ending on the date that is five years	20630
after that effective date.	20631

(49) Sales of materials, parts, equipment, or engines used	20632
in the repair or maintenance of aircraft or avionics systems of	20633
such aircraft, and sales of repair, remodeling, replacement, or	20634
maintenance services at a federal aviation administration	20635
certified repair station in this state performed on aircraft or	20636
on an aircraft's avionics, engine, or component materials or	20637
parts. As used in division (B)(49) of this section, "aircraft"	20638
means aircraft of more than six thousand pounds maximum certified	20639
takeoff weight or used exclusively in general aviation.	20640

(50) Sales of full flight simulators that are used for pilot	20641
or flight-crew training, sales of repair or replacement parts or	20642
components, and sales of repair or maintenance services for such	20643
full flight simulators. "Full flight simulator" means a replica	20644
of a specific type, or make, model, and series of aircraft	20645
cockpit. It includes the assemblage of equipment and computer	20646
programs necessary to represent aircraft operations in ground and	20647
flight conditions, a visual system providing an	20648
out-of-the-cockpit view, and a system that provides cues at	20649
least equivalent to those of a three-degree-of-freedom motion	20650
system, and has the full range of capabilities of the systems	20651
installed in the device as described in appendices A and B of	20652
part 60 of chapter 1 of title 14 of the Code of Federal	20653
Regulations.	20654

(C) For the purpose of the proper administration of this	20655
chapter, and to prevent the evasion of the tax, it is presumed	20656
that all sales made in this state are subject to the tax until the	20657
contrary is established.	20658

(D) The levy of this tax on retail sales of recreation and	20659
sports club service shall not prevent a municipal corporation from	20660
levying any tax on recreation and sports club dues or on any	20661
income generated by recreation and sports club dues.	20662

(E) The tax collected by the vendor from the consumer under	20663
this chapter is not part of the price, but is a tax collection for	20664
the benefit of the state, and of counties levying an additional	20665
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	20666
Code and of transit authorities levying an additional sales tax	20667
pursuant to section 5739.023 of the Revised Code. Except for the	20668
discount authorized under section 5739.12 of the Revised Code and	20669
the effects of any rounding pursuant to section 5703.055 of the	20670
Revised Code, no person other than the state or such a county or	20671
transit authority shall derive any benefit from the collection or	20672
payment of the tax levied by this section or section 5739.021,	20673
5739.023, or 5739.026 of the Revised Code.	20674

Sec. 5739.029. (A) Notwithstanding sections 5739.02,	20675
5739.021, 5739.023, 5739.026, 5741.02, 5741.021, 5741.022, and	20676
5741.023 of the Revised Code, and except as otherwise provided in	20677
division (B) of this section, the tax due under this chapter on	20678
the sale of a motor vehicle required to be titled under Chapter	20679
4505. of the Revised Code by a motor vehicle dealer to a consumer	20680
that is a nonresident of this state shall be the lesser of the	20681
amount of tax that would be due under this chapter and Chapter	20682
5741. of the Revised Code if the total combined rate were six per	20683
cent, or the amount of tax that would be due, to the state in	20684
which the consumer titles or registers the motor vehicle or to	20685
which the consumer removes the vehicle for use.	20686

(B) No tax is due under this section, any other section of	20687
this chapter, or Chapter 5741. of the Revised Code under any of	20688
the following circumstances:	20689

(1)(a) The consumer intends to immediately remove the motor	20690
vehicle from this state for use outside this state;	20691

(b) Upon removal of the motor vehicle from this state, the	20692
consumer intends to title or register the vehicle in another state	20693
if such titling or registration is required;	20694

(c) The consumer executes an affidavit as required under	20695
division (C) of this section affirming the consumer's intentions	20696
under divisions (B)(1)(a) and (b) of this section; and	20697

(d) The state in which the consumer titles or registers the	20698
motor vehicle or to which the consumer removes the vehicle for use	20699
provides an exemption under circumstances substantially similar to	20700
those described in division (B)(1) of this section.	20701

(2) The state in which the consumer titles or registers the	20702
motor vehicle or to which the consumer removes the vehicle for use	20703
does not provide a credit against its sales or use tax or similar	20704
excise tax for sales or use tax paid to this state.	20705

(3) The state in which the consumer titles or registers the	20706
motor vehicle or to which the consumer removes the vehicle for use	20707
does not impose a sales or use tax or similar excise tax on the	20708
ownership or use of motor vehicles.	20709

(C) Any nonresident consumer that purchases a motor vehicle	20710
from a motor vehicle dealer in this state under the circumstances	20711
described in divisions (B)(1)(a) and (b) of this section shall	20712
execute an affidavit affirming the intentions described in those	20713
divisions. The affidavit shall be executed in triplicate and in	20714
the form specified by the tax commissioner. The affidavit shall be	20715
given to the motor vehicle dealer.	20716

A motor vehicle dealer that accepts in good faith an	20717
affidavit presented under this division by a nonresident consumer	20718
may rely upon the representations made in the affidavit.	20719

(D) A motor vehicle dealer making a sale subject to the tax	20720
under division (A) of this section shall collect the tax due	20721
unless the sale is subject to the exception under division (B) of	20722
this section or unless the sale is not otherwise subject to taxes	20723
levied under sections 5739.02, 5739.021, 5739.023, 5739.026,	20724
5741.02, 5741.021, 5741.022, and 5741.023 of the Revised Code. In	20725
the case of a sale under the circumstances described in division	20726
(B)(1) of this section, the dealer shall retain one copy of the	20727
affidavit and file the original and the other copy with the clerk	20728
of the court of common pleas. If tax is due under division (A) of	20729
this section, the dealer shall remit the tax collected to the	20730
clerk at the time the dealer obtains the Ohio certificate of title	20731
in the name of the consumer as required under section 4505.06 of	20732
the Revised Code. The clerk shall forward the original affidavit	20733
to the tax commissioner in the manner prescribed by the	20734
commissioner.	20735

Unless a sale is excepted from taxation under division (B) of	20736
this section, upon receipt of an application for certificate of	20737
title a clerk of the court of common pleas shall collect the sales	20738
tax due under division (A) of this section. The clerk shall remit	20739
the tax collected to the tax commissioner in the manner prescribed	20740
by the commissioner.	20741

(E) If a motor vehicle is purchased by a corporation	20742
described in division (B)(6) of section 5739.01 of the Revised	20743
Code, the state of residence of the consumer for the purposes of	20744
this section is the state of residence of the corporation's	20745
principal shareholder.	20746

(F) Any provision of this chapter or of Chapter 5741. of the	20747
Revised Code that is not inconsistent with this section applies to	20748
sales described in division (A) of this section.	20749

(G) As used in this section:

20750

(1) For the purposes of this section only, the sale or	20751
purchase of a motor vehicle does not include a lease or rental of	20752
a motor vehicle subject to division (A)(2) or (3) of section	20753
5739.02 or division (A)(2) or (3) of section 5741.02 of the	20754
Revised Code;	20755

(2) "State," except in reference to "this state," means any	20756
state, district, commonwealth, or territory of the United States	20757
and any province of Canada.	20758

Sec. 5739.12. (A)(1) Each person who has or is required to	20759
have a vendor's license, on or before the twenty-third day of	20760
each month, shall make and file a return for the preceding month,	20761
~~on forms~~in the form prescribed by the tax commissioner, and shall	20762
pay the tax shown on the return to be due. The return shall be	20763
filed electronically using the Ohio business gateway, as defined	20764
in section 718.051 of the Revised Code, the Ohio telefile system,	20765
or any other electronic means prescribed by the commissioner.	20766
Payment of the tax shown on the return to be due shall be made	20767
electronically in a manner approved by the commissioner. The	20768
commissioner may require a vendor that operates from multiple	20769
locations or has multiple vendor's licenses to report all tax	20770
liabilities on one consolidated return. The return shall show the	20771
amount of tax due from the vendor to the state for the period	20772
covered by the return and such other information as the	20773
commissioner deems necessary for the proper administration of this	20774
chapter. The commissioner may extend the time for making and	20775
filing returns and paying the tax, and may require that the return	20776
for the last month of any annual or semiannual period, as	20777
determined by the commissioner, be a reconciliation return	20778
detailing the vendor's sales activity for the preceding annual or	20779
semiannual period. The reconciliation return shall be filed by	20780
the last day of the month following the last month of the annual	20781
or semiannual period. The commissioner may remit all or any part	20782
of amounts or penalties that may become due under this chapter and	20783
may adopt rules relating thereto. Such return shall be filed	20784
electronically as directed by ~~mailing it to~~ the tax commissioner,	20785
~~together with~~and payment of the amount of tax shown to be due	20786
thereon, after deduction of any discount provided for under this	20787
section~~. Remittance~~, shall be made ~~payable to the treasurer of~~	20788
~~state. The return shall be considered filed when received by the~~	20789
~~tax commissioner, and the payment shall be considered made when~~	20790
~~received by the tax commissioner or when credited to an account~~	20791
~~designated by the treasurer of state or~~electronically in a manner	20792
approved by the tax commissioner.	20793

(2) Any person required to file returns and make payments	20794
electronically under division (A)(1) of this section may apply to	20795
the tax commissioner on a form prescribed by the commissioner to	20796
be excused from that requirement. For good cause shown, the	20797
commissioner may excuse the person from that requirement and may	20798
permit the person to file the returns and make the payments	20799
required by this section by nonelectronic means.	20800

(B)(1) If the return is filed and the amount of tax shown	20801
thereon to be due is paid on or before the date such return is	20802
required to be filed, the vendor shall be entitled to a discount	20803
of:	20804

~~(a) On and after July 1, 2005, and on and before June 30,~~	20805
~~2007, nine-tenths of one per cent of the amount shown to be due on~~	20806
~~the return;~~	20807

~~(b) On and after July 1, 2007,~~ three-fourths of one per cent	20808
of the amount shown to be due on the return.	20809

(2) A vendor that has selected a certified service provider	20810
as its agent shall not be entitled to the discount if the	20811
certified service provider receives a monetary allowance pursuant	20812
to section 5739.06 of the Revised Code for performing the vendor's	20813
sales and use tax functions in this state. Amounts paid to the	20814
clerk of courts pursuant to section 4505.06 of the Revised Code	20815
shall be subject to the applicable discount. The discount shall be	20816
in consideration for prompt payment to the clerk of courts and for	20817
other services performed by the vendor in the collection of the	20818
tax.	20819

(C)(1) Upon application to the tax commissioner, a vendor who	20820
is required to file monthly returns may be relieved of the	20821
requirement to report and pay the actual tax due, provided that	20822
the vendor agrees to remit to the ~~tax~~ commissioner payment of not	20823
less than an amount determined by the commissioner to be the	20824
average monthly tax liability of the vendor, based upon a review	20825
of the returns or other information pertaining to such vendor for	20826
a period of not less than six months nor more than two years	20827
immediately preceding the filing of the application. Vendors who	20828
agree to the above conditions shall make and file an annual or	20829
semiannual reconciliation return, as prescribed by the	20830
commissioner. The reconciliation return shall be filed	20831
electronically as directed by ~~mailing or delivering it to~~ the tax	20832
commissioner, ~~together with~~and payment of the amount of tax	20833
shown to be due thereon, after deduction of any discount provided	20834
in this section~~. Remittance~~, shall be made ~~payable to the~~	20835
~~treasurer of state~~electronically in a manner approved by the	20836
commissioner. Failure of a vendor to comply with any of the above	20837
conditions may result in immediate reinstatement of the	20838
requirement of reporting and paying the actual tax liability on	20839
each monthly return, and the commissioner may at the	20840
commissioner's discretion deny the vendor the right to report and	20841
pay based upon the average monthly liability for a period not to	20842
exceed two years. The amount ascertained by the commissioner to be	20843
the average monthly tax liability of a vendor may be adjusted,	20844
based upon a review of the returns or other information pertaining	20845
to the vendor for a period of not less than six months nor more	20846
than two years preceding such adjustment.	20847

(2) The commissioner may authorize vendors whose tax	20848
liability is not such as to merit monthly returns, as ascertained	20849
by the commissioner upon the basis of administrative costs to the	20850
state, to make and file returns at less frequent intervals. When	20851
returns are filed at less frequent intervals in accordance with	20852
such authorization, the vendor shall be allowed the discount	20853
provided in this section in consideration for prompt payment with	20854
the return, provided the return is filed ~~together with~~and payment	20855
is made of the amount of tax shown to be due thereon, at the time	20856
specified by the commissioner, but a vendor that has selected a	20857
certified service provider as its agent shall not be entitled to	20858
the discount.	20859

(D) Any vendor who fails to file a return or to pay the full	20860
amount of the tax shown on the return to be due in the manner	20861
prescribed under this section and the rules of the commissioner	20862
may, for each such return ~~the vendor fails to file or each such~~	20863
~~tax the vendor fails to pay in full as shown on the return within~~	20864
~~the period prescribed by this section and the rules of the~~	20865
~~commissioner~~, be required to forfeit and pay into the state	20866
treasury an additional charge not exceeding fifty dollars or ten	20867
per cent of the tax required to be paid for the reporting period,	20868
whichever is greater, as revenue arising from the tax imposed by	20869
this chapter, and such sum may be collected by assessment in the	20870
manner provided in section 5739.13 of the Revised Code. The	20871
commissioner may remit all or a portion of the additional charge	20872
and may adopt rules relating to the imposition and remission of	20873
the additional charge.	20874

(E) If the amount required to be collected by a vendor from	20875
consumers is in excess of the applicable percentage of the	20876
vendor's receipts from sales that are taxable under section	20877
5739.02 of the Revised Code, or in the case of sales subject to a	20878
tax levied pursuant to section 5739.021, 5739.023, or 5739.026 of	20879
the Revised Code, in excess of the percentage equal to the	20880
aggregate rate of such taxes and the tax levied by section 5739.02	20881
of the Revised Code, such excess shall be remitted along with the	20882
remittance of the amount of tax due under section 5739.10 of the	20883
Revised Code.	20884

(F) The commissioner, if the commissioner deems it necessary	20885
in order to insure the payment of the tax imposed by this chapter,	20886
may require returns and payments to be made for other than monthly	20887
periods. ~~The returns shall be signed by the vendor or the vendor's~~	20888
~~authorized agent.~~	20889

(G) Any vendor required to file a return and pay the tax	20890
under this section, whose total payment for a year equals or	20891
exceeds the amount shown in division (A) of section 5739.122 of	20892
the Revised Code~~, shall make each payment required by this~~	20893
~~section in the second ensuing and each succeeding year by~~	20894
~~electronic funds transfer as prescribed by, and on or before the~~	20895
~~dates specified in, section 5739.122 of the Revised Code, except~~	20896
~~as otherwise prescribed by~~is subject to the accelerated tax	20897
payment requirements in divisions (B) and (C) of that section. For	20898
a vendor that operates from multiple locations or has multiple	20899
vendor's licenses, in determining whether the vendor's total	20900
payment equals or exceeds the amount shown in division (A) of	20901
that section, the vendor's total payment amount shall be the	20902
amount of the vendor's total tax liability for the previous	20903
calendar year for all of the vendor's locations or licenses.	20904

Sec. 5739.122. (A) If the total amount of tax required to be	20905
paid by a vendor under section 5739.12 of the Revised Code for any	20906
calendar year equals or exceeds seventy-five thousand dollars, the	20907
vendor shall remit each monthly tax payment in the second ensuing	20908
and each succeeding tax year ~~by electronic funds transfer~~on an	20909
accelerated basis as prescribed by divisions (B) and (C) of this	20910
section.	20911

If a vendor's tax payment for each of two consecutive years	20912
is less than seventy-five thousand dollars, the vendor is relieved	20913
of the requirement to remit taxes ~~by electronic funds transfer~~in	20914
the manner prescribed by this section for the year that next	20915
follows the second of the consecutive years in which the tax	20916
payment is less than that amount, and is relieved of that	20917
requirement for each succeeding year, unless the tax payment in a	20918
subsequent year equals or exceeds seventy-five thousand dollars.	20919

The tax commissioner shall notify each vendor required to	20920
~~remit taxes by electronic funds transfer~~make accelerated tax	20921
payments of the vendor's obligation to do so,and shall maintain	20922
an updated list of those vendors~~, and shall timely certify the~~	20923
~~list and any additions thereto or deletions therefrom to the~~	20924
~~treasurer of state~~. Failure by the tax commissioner to notify a	20925
vendor subject to this section to remit taxes ~~by electronic funds~~	20926
~~transfer~~on an accelerated basis does not relieve the vendor of	20927
its obligation to remit taxes ~~by electronic funds transfer~~as	20928
provided under division (B) of this section.	20929

(B) Vendors required by division (A) of this section to ~~remit~~	20930
make accelerated tax payments ~~by electronic funds transfer~~ shall	20931
electronically remit such payments to the ~~treasurer of state~~tax	20932
commissioner in ~~the~~a manner ~~prescribed by this section and rules~~	20933
~~adopted~~approved by the ~~treasurer of state under section 113.061~~	20934
~~of the Revised Code, and~~commissioner, as follows:	20935

(1) On or before the twenty-third day of each month, a vendor	20936
shall remit an amount equal to seventy-five per cent of the	20937
anticipated tax liability for that month.	20938

(2) On or before the twenty-third day of each month, a vendor	20939
shall report the taxes collected for the previous month and shall	20940
remit that amount, less any amounts paid for that month as	20941
required by division (B)(1) of this section.	20942

The payment of taxes ~~by electronic funds transfer~~on an	20943
accelerated basis under this section does not affect a vendor's	20944
obligation to file ~~the monthly return~~returns and pay the tax	20945
shown on the returns to be due as required under section 5739.12	20946
of the Revised Code.	20947

(C) A vendor required by this section to remit taxes by	20948
~~electronic funds transfer~~on an accelerated basis may apply to the	20949
~~treasurer of state~~tax commissioner, in the manner prescribed by	20950
the ~~treasurer of state~~commissioner, to be excused from that	20951
requirement. The ~~treasurer of state~~commissioner may excuse the	20952
vendor from remittance ~~by electronic funds transfer~~on an	20953
accelerated basis for good cause shown for the period of time	20954
requested by the vendor or for a portion of that period. ~~The~~	20955
~~treasurer of state shall notify the tax commissioner and the~~	20956
~~vendor of the treasurer of state's decision as soon as is~~	20957
~~practicable.~~	20958

(D)(1)(a) If a vendor that is required to remit payments	20959
under division (B) of this section fails to make a payment	20960
required under division (B)(1) of this section, or makes a	20961
payment under division (B)(1) of this section that is less than	20962
seventy-five per cent of the actual liability for that month, the	20963
commissioner may impose an additional charge not to exceed five	20964
per cent of that unpaid amount.	20965

(b) Division (D)(1)(a) of this section does not apply if the	20966
vendor's payment under division (B)(1) of this section is equal to	20967
or greater than seventy-five per cent of the vendor's reported	20968
liability for the same month in the immediately preceding calendar	20969
year.	20970

(2) ~~If a vendor required by this section to remit taxes by~~	20971
~~electronic funds transfer remits those taxes by some means other~~	20972
~~than by electronic funds transfer as prescribed by this section~~	20973
~~and the rules adopted by the treasurer of state, and the treasurer~~	20974
~~of state determines that such failure was not due to reasonable~~	20975
~~cause or was due to willful neglect, the treasurer of state shall~~	20976
~~notify the tax commissioner of the failure to remit by electronic~~	20977
~~funds transfer and shall provide the commissioner with any~~	20978
~~information used in making that determination. The tax~~	20979
~~commissioner may impose an additional charge not to exceed the~~	20980
~~lesser of five per cent of the amount of the taxes required to be~~	20981
~~paid by electronic funds transfer or five thousand dollars.~~	20982

~~(3)~~ Any additional charge imposed under division (D)(1) or	20983
~~(2)~~ of this section is in addition to any other penalty or charge	20984
imposed under this chapter, and shall be considered as revenue	20985
arising from taxes imposed under this chapter. An additional	20986
charge may be collected by assessment in the manner prescribed by	20987
section 5739.13 of the Revised Code. The tax commissioner may	20988
waive all or a portion of such a charge and may adopt rules	20989
governing such waiver.	20990

~~No additional charge shall be imposed under division (D)(2)~~	20991
~~of this section against a vendor that has been notified of its~~	20992
~~obligation to remit taxes under this section and that remits its~~	20993
~~first two tax payments after such notification by some means other~~	20994
~~than electronic funds transfer. The additional charge may be~~	20995
~~imposed upon the remittance of any subsequent tax payment that the~~	20996
~~vendor remits by some means other than electronic funds transfer.~~	20997

Sec. 5739.124. (A) If required by the tax commissioner, a	20998
~~person~~permit holder required to make payments ~~by electronic funds~~	20999
~~transfer~~ under section 5739.032 ~~or 5739.122~~ of the Revised Code	21000
shall file all returns and reports electronically. The	21001
commissioner may require the ~~person~~permit holder to use the Ohio	21002
business gateway, as defined in section 718.051 of the Revised	21003
Code, or any other electronic means approved by the commissioner,	21004
to file the returns and reports, or to remit the tax, in lieu of	21005
the manner prescribed ~~by the treasurer of state~~ under ~~sections~~	21006
section 5739.032 ~~and 5739.122~~ of the Revised Code.	21007

(B) A person required under this section to file reports and	21008
returns electronically may apply to the tax commissioner to be	21009
excused from that requirement. Applications shall be made on a	21010
form prescribed by the commissioner. The commissioner may approve	21011
the application for good cause.	21012

(C)(1) If a person required to file a report or return	21013
electronically under this section fails to do so, the tax	21014
commissioner may impose an additional charge not to exceed the	21015
following:	21016

(a) For each of the first two failures, five per cent of the	21017
amount required to be reported on the report or return;	21018

(b) For the third and any subsequent failure, ten per cent of	21019
the amount required to be reported on the report or return.	21020

(2) The charges authorized under division (C)(1) of this	21021
section are in addition to any other charge or penalty authorized	21022
under this chapter, and shall be considered as revenue arising	21023
from taxes imposed under this chapter. An additional charge may be	21024
collected by assessment in the manner prescribed by section	21025
5739.13 of the Revised Code. The commissioner may waive all or a	21026
portion of such a charge and may adopt rules governing such	21027
waiver.	21028

Sec. 5739.21. (A) One hundred per cent of all money	21029
deposited into the state treasury under sections 5739.01 to	21030
5739.31 of the Revised Code ~~and~~that is not required to be	21031
distributed as provided in section 5739.102 of the Revised Code or	21032
division (B) of this section shall be credited to the general	21033
revenue fund.	21034

(B)(1) In any case where any county or transit authority has	21035
levied a tax or taxes pursuant to section 5739.021, 5739.023, or	21036
5739.026 of the Revised Code, the tax commissioner shall, within	21037
forty-five days after the end of each month, determine and certify	21038
to the director of budget and management the amount of the	21039
proceeds of such tax or taxes received during that month from	21040
billings and assessments, or associated with tax returns or	21041
reports filed during that month, to be returned to the county or	21042
transit authority levying the tax or taxes. The amount to be	21043
returned to each county and transit authority shall be a fraction	21044
of the aggregate amount of money collected with respect to each	21045
area in which one or more of such taxes are concurrently in effect	21046
with the tax levied by section 5739.02 of the Revised Code. The	21047
numerator of the fraction is the rate of the tax levied by the	21048
county or transit authority and the denominator of the fraction is	21049
the aggregate rate of such taxes applicable to such area. The	21050
amount to be returned to each county or transit authority shall be	21051
reduced by the amount of any refunds of county or transit	21052
authority tax paid pursuant to section 5739.07 of the Revised Code	21053
during the same month, or transfers made pursuant to division	21054
(B)(2) of section 5703.052 of the Revised Code.	21055

(2) On a periodic basis, using the best information	21056
available, the tax commissioner shall distribute any amount of a	21057
county or transit authority tax that cannot be distributed under	21058
division (B)(1) of this section. Through audit or other means, the	21059
commissioner shall attempt to obtain the information necessary to	21060
make the distribution as provided under that division and, on	21061
receipt of that information, shall make adjustments to	21062
distributions previously made under this division.	21063

(3) Beginning July 1, 2008, eight and thirty-three	21064
one-hundredths of one per cent of the revenue collected from the	21065
tax due under division (A) of section 5739.029 of the Revised Code	21066
shall be distributed to the county where the sale of the motor	21067
vehicle is sitused under section 5739.035 of the Revised Code. The	21068
amount to be so distributed to the county shall be apportioned on	21069
the basis of the rates of taxes the county levies pursuant to	21070
sections 5739.021 and 5739.026 of the Revised Code, as applicable,	21071
and shall be credited to the funds of the county as provided in	21072
divisions (A) and (B) of section 5739.211 of the Revised Code.	21073

(C) The aggregate amount to be returned to any county or	21074
transit authority shall be reduced by one per cent, which shall be	21075
certified directly to the credit of the local sales tax	21076
administrative fund, which is hereby created in the state	21077
treasury. For the purpose of determining the amount to be returned	21078
to a county and transit authority in which the rate of tax imposed	21079
by the transit authority has been reduced under section 5739.028	21080
of the Revised Code, the tax commissioner shall use the respective	21081
rates of tax imposed by the county or transit authority that	21082
results from the change in the rates authorized under that	21083
section.	21084

(D) The director of budget and management shall transfer,	21085
from the same funds and in the same proportions specified in	21086
division (A) of this section, to the permissive tax distribution	21087
fund created by division (B)(1) of section 4301.423 of the Revised	21088
Code and to the local sales tax administrative fund, the amounts	21089
certified by the tax commissioner. The tax commissioner shall	21090
then, on or before the twentieth day of the month in which such	21091
certification is made, provide for payment of such respective	21092
amounts to the county treasurer and to the fiscal officer of the	21093
transit authority levying the tax or taxes. The amount transferred	21094
to the local sales tax administrative fund is for use by the tax	21095
commissioner in defraying costs incurred in administering such	21096
taxes levied by a county or transit authority.	21097

Sec. 5741.04. Every seller required to register with the tax	21098
commissioner pursuant to section 5741.17 of the Revised Code who	21099
is engaged in the business of selling tangible personal property	21100
in this state for storage, use, or other consumption in this	21101
state, to which section 5741.02 of the Revised Code applies, or	21102
which is subject to a tax levied pursuant to section 5741.021,	21103
5741.022, or 5741.023 of the Revised Code, shall, and any other	21104
seller who is authorized by rule of the tax commissioner to do so	21105
may, collect from the consumer the full and exact amount of the	21106
tax payable on each such storage, use, or consumption, in the	21107
manner and at the times provided as follows:	21108

(A) If the price is, at or prior to the delivery of	21109
possession of the thing sold to the consumer, paid in currency	21110
passed from hand to hand by the consumer, or ~~his~~the consumer's	21111
agent, to the seller, or ~~his~~the seller's agent, the seller or ~~his~~	21112
the seller's agent shall collect the tax with and at the same time	21113
as the price.	21114

(B) If the price is otherwise paid or to be paid, the seller	21115
or ~~his~~the seller's agent shall, at or prior to the delivery of	21116
possession of the thing sold to the consumer, charge the tax	21117
imposed by or pursuant to section 5741.02, 5741.021, 5741.022, or	21118
5741.023 of the Revised Code to the account of the consumer, which	21119
amount shall be collected by the seller from the consumer in	21120
addition to the price. Such transaction shall be reported on the	21121
return for the period in which the transaction occurred, and the	21122
amount of tax applicable to the transaction shall be remitted with	21123
the return or, if the consumer is subject to section 5741.121 of	21124
the Revised Code, ~~by electronic funds transfer as~~in the manner	21125
prescribed by that section. The amount of the tax shall become a	21126
legal charge in favor of the seller and against the consumer.	21127

(C) It shall be the obligation of each consumer, as required	21128
by section 5741.12 of the Revised Code, to report and pay the	21129
taxes levied by sections 5741.021, 5741.022, and 5741.023 of the	21130
Revised Code, if applicable, on any storage, use, or other	21131
consumption of tangible personal property purchased in this state	21132
from a vendor required to be licensed pursuant to section 5739.17	21133
of the Revised Code.	21134

Sec. 5741.12. (A) Each seller required by section 5741.17 of	21135
the Revised Code to register with the tax commissioner, and any	21136
seller authorized by the commissioner to collect the tax imposed	21137
by or pursuant to section 5741.02, 5741.021, 5741.022, or 5741.023	21138
of the Revised Code is subject to the same requirements and	21139
entitled to the same deductions and discount for prompt payments	21140
as are vendors under section 5739.12 of the Revised Code, and the	21141
same monetary allowances as are vendors under section 5739.06 of	21142
the Revised Code. The powers and duties of the commissioner ~~and~~	21143
~~the treasurer of state~~ with respect to returns and tax remittances	21144
under this section shall be identical with those prescribed in	21145
section 5739.12 of the Revised Code.	21146

(B) Every person storing, using, or consuming tangible	21147
personal property or receiving the benefit of a service, the	21148
storage, use, consumption, or receipt of which is subject to the	21149
tax imposed by or pursuant to section 5741.02, 5741.021, 5741.022,	21150
or 5741.023 of the Revised Code, when such tax was not paid to a	21151
seller, shall, on or before the twenty-third day of each month,	21152
file with the tax commissioner a return for the preceding month in	21153
such form as is prescribed by the commissioner, showing such	21154
information as the commissioner deems necessary, and shall pay the	21155
tax shown on the return to be due. Remittance shall be made	21156
payable to the treasurer of state. The commissioner may require	21157
consumers to file returns and pay the tax at other than monthly	21158
intervals, if the commissioner determines that such filing is	21159
necessary for the efficient administration of the tax. If the	21160
commissioner determines that a consumer's tax liability is not	21161
such as to merit monthly filing, the commissioner may authorize	21162
the consumer to file returns and pay tax at less frequent	21163
intervals.	21164

Any consumer required to file a return and pay the tax under	21165
this section whose payment for any year ~~indicated in~~equals or	21166
exceeds the amount shown in division (A) of section 5741.121 of	21167
the Revised Code ~~equals or exceeds the amount shown in that~~	21168
~~section shall make each payment required by this section in the~~	21169
~~second ensuing and each succeeding year by means of electronic~~	21170
~~funds transfer as prescribed by, and on or before the dates~~	21171
~~specified in, section 5741.121 of the Revised Code, except as~~	21172
~~otherwise prescribed by~~is subject to the accelerated tax payment	21173
requirements in divisions (B) and (C) of that section.	21174

(C) Every person storing, using, or consuming a motor	21175
vehicle, watercraft, or outboard motor, the ownership of which	21176
must be evidenced by certificate of title, shall file the return	21177
required by this section and pay the tax due at or prior to the	21178
time of filing an application for certificate of title.	21179

Sec. 5741.121. (A) If the total amount of tax required to be	21180
paid by a seller or consumer under section 5741.12 of the Revised	21181
Code for any year equals or exceeds seventy-five thousand dollars,	21182
the seller or consumer shall remit each monthly tax payment in the	21183
second ensuing and each succeeding year ~~by electronic funds~~	21184
~~transfer~~on an accelerated basis as prescribed by division (B) of	21185
this section.	21186

If a seller's or consumer's tax payment for each of two	21187
consecutive years is less than seventy-five thousand dollars, the	21188
seller or consumer is relieved of the requirement to remit taxes	21189
~~by electronic funds transfer~~on an accelerated basis for the year	21190
that next follows the second of the consecutive years in which	21191
the tax payment is less than that amount, and is relieved of that	21192
requirement for each succeeding year, unless the tax payment in a	21193
subsequent year equals or exceeds seventy-five thousand dollars.	21194

The tax commissioner shall notify each seller or consumer	21195
required to ~~remit taxes by electronic funds transfer~~make	21196
accelerated tax payments of the seller's or consumer's obligation	21197
to do so,and shall maintain an updated list of those sellers and	21198
consumers~~, and shall timely certify the list and any additions~~	21199
~~thereto or deletions therefrom to the treasurer of state~~.	21200
Failure by the tax commissioner to notify a seller or consumer	21201
subject to this section to remit taxes ~~by electronic funds~~	21202
~~transfer~~on an accelerated basis does not relieve the seller or	21203
consumer of the obligation to remit taxes ~~by electronic funds~~	21204
~~transfer~~as provided under division (B) of this section.	21205

(B) Sellers and consumers required by division (A) of this	21206
section to ~~remit~~make accelerated tax payments ~~by electronic funds~~	21207
~~transfer~~ shall electronically remit such payments to the	21208
~~treasurer of state~~tax commissioner, in ~~the~~a manner ~~prescribed~~	21209
~~by this section and rules adopted~~approved by the ~~treasurer of~~	21210
~~state under section 113.061 of the Revised Code, and~~	21211
commissioner, as follows:	21212

(1) On or before the twenty-third day of each month, a seller	21213
or consumer shall remit an amount equal to seventy-five per cent	21214
of the anticipated tax liability for that month.	21215

(2) On or before the twenty-third day of each month, a seller	21216
shall report the taxes collected and a consumer shall report the	21217
taxes due for the previous month and shall remit that amount, less	21218
any amounts paid for that month as required by division (B)(1) of	21219
this section.	21220

The payment of taxes ~~by electronic funds transfer~~on an	21221
accelerated basis under this section does not affect a seller's	21222
or consumer's obligation to file ~~the monthly return~~returns and	21223
pay the tax shown on the returns to be due as required under	21224
section 5741.12 of the Revised Code.	21225

(C) A seller or consumer required by this section to remit	21226
taxes ~~by electronic funds transfer~~on an accelerated basis may	21227
apply to the ~~treasurer of state~~tax commissioner in the manner	21228
prescribed by the ~~treasurer of state~~commissioner to be excused	21229
from that requirement. The ~~treasurer of state~~commissioner may	21230
excuse the seller or consumer from remittance ~~by electronic funds~~	21231
~~transfer~~on an accelerated basis for good cause shown for the	21232
period of time requested by the seller or consumer or for a	21233
portion of that period. ~~The treasurer of state shall notify the~~	21234
~~tax commissioner and the seller or consumer of the treasurer of~~	21235
~~state's decision as soon as is practicable.~~	21236

(D)(1)(a) If a seller or consumer that is required to remit	21237
payments under division (B) of this section fails to make a	21238
payment required under division (B)(1) of this section, or makes a	21239
payment under division (B)(1) of this section that is less than	21240
seventy-five per cent of the actual liability for that month, the	21241
commissioner may impose an additional charge not to exceed five	21242
per cent of that unpaid amount.	21243

(b) Division (D)(1)(a) of this section does not apply if the	21244
seller's or consumer's payment under division (B)(1) of this	21245
section is equal to or greater than seventy-five per cent of the	21246
seller's or consumer's reported liability for the same month in	21247
the immediately preceding calendar year.	21248

(2) ~~If a seller or consumer required by this section to remit~~	21249
~~taxes by electronic funds transfer remits those taxes by some~~	21250
~~means other than by electronic funds transfer as prescribed by the~~	21251
~~rules adopted by the treasurer of state, and the treasurer of~~	21252
~~state determines that such failure was not due to reasonable cause~~	21253
~~or was due to willful neglect, the treasurer of state shall notify~~	21254
~~the tax commissioner of the failure to remit by electronic funds~~	21255
~~transfer and shall provide the commissioner with any information~~	21256
~~used in making that determination. The tax commissioner may impose~~	21257
~~an additional charge not to exceed the lesser of five per cent of~~	21258
~~the amount of the taxes required to be paid by electronic funds~~	21259
~~transfer or five thousand dollars.~~	21260

~~(3)~~ Any additional charge imposed under division (D)(1) of	21261
this section is in addition to any other penalty or charge	21262
imposed under this chapter, and shall be considered as revenue	21263
arising from taxes imposed under this chapter. An additional	21264
charge may be collected by assessment in the manner prescribed by	21265
section 5741.13 of the Revised Code. The tax commissioner may	21266
waive all or a portion of such a charge and may adopt rules	21267
governing such waiver.	21268

~~No additional charge shall be imposed under division (D)(2)~~	21269
~~of this section against a seller or consumer that has been~~	21270
~~notified of the obligation to remit taxes under this section and~~	21271
~~that remits its first two tax payments after such notification by~~	21272
~~some means other than electronic funds transfer. The additional~~	21273
~~charge may be imposed upon the remittance of any subsequent tax~~	21274
~~payment that the seller or consumer remits by some means other~~	21275
~~than electronic funds transfer.~~	21276

Sec. 5741.122. (A) If required by the tax commissioner, a	21277
person required to make payments ~~by electronic funds transfer~~	21278
under section ~~5739.032 or~~ 5741.121 of the Revised Code shall file	21279
all returns and reports electronically. The commissioner may	21280
require the person to use the Ohio business gateway, as defined	21281
in section 718.051 of the Revised Code, or any other electronic	21282
means approved by the commissioner, to file the returns and	21283
reports, or to remit the tax, in lieu of the manner prescribed	21284
~~by the treasurer of state~~ under ~~sections 5739.032 and~~section	21285
5741.121 of the Revised Code.	21286

(B) A person required under this section to file reports and	21287
returns electronically may apply to the tax commissioner to be	21288
excused from that requirement. Applications shall be made on a	21289
form prescribed by the commissioner. The commissioner may approve	21290
the application for good cause.	21291

(C)(1) If a person required to file a report or return	21292
electronically under this section fails to do so, the tax	21293
commissioner may impose an additional charge not to exceed the	21294
following:	21295

(a) For each of the first two failures, five per cent of the	21296
amount required to be reported on the report or return;	21297

(b) For the third and any subsequent failure, ten per cent of	21298
the amount required to be reported on the report or return.	21299

(2) The charges authorized under division (C)(1) of this	21300
section are in addition to any other charge or penalty authorized	21301
under this chapter, and shall be considered as revenue arising	21302
from taxes imposed under this chapter. An additional charge may be	21303
collected by assessment in the manner prescribed by section	21304
5741.13 of the Revised Code. The commissioner may waive all or a	21305
portion of such a charge and may adopt rules governing such	21306
waiver.	21307

Sec. 5743.021. (A) As used in this section, "qualifying	21308
regional arts and cultural district" means a regional arts and	21309
cultural district created under section 3381.04 of the Revised	21310
Code in a county having a population of one million two hundred	21311
thousand or more according to the 2000 federal decennial census.	21312

(B) For one or more of the purposes for which a tax may be	21313
levied under section 3381.16 of the Revised Code and for the	21314
purposes of paying the expenses of administering the tax and the	21315
expenses charged by a board of elections to hold an election on a	21316
question submitted under this section, the board of county	21317
commissioners of a county that has within its territorial	21318
boundaries a qualifying regional arts and cultural district may	21319
levy a tax on the sale of cigarettes sold for resale at retail in	21320
the county composing the district. The rate of the tax, when added	21321
to the rate of any other tax concurrently levied by the board	21322
under this section, shall not exceed fifteen mills per cigarette,	21323
and shall be computed on each cigarette sold. Only one sale of the	21324
same article shall be used in computing the amount of tax due. The	21325
tax may be levied for any number of years not exceeding ten years.	21326

The tax shall be levied pursuant to a resolution of the board	21327
of county commissioners approved by a majority of the electors in	21328
the county voting on the question of levying the tax. The	21329
resolution shall specify the rate of the tax, the number of years	21330
the tax will be levied, and the purposes for which the tax is	21331
levied. The election may be held on the date of a general,	21332
primary, or special election held not sooner than seventy-five	21333
days after the date the board certifies its resolution to the	21334
board of elections. If approved by the electors, the tax shall	21335
take effect on the first day of the month specified in the	21336
resolution but not sooner than the first day of the month that is	21337
at least sixty days after the certification of the election	21338
results by the board of elections. A copy of the resolution	21339
levying the tax shall be certified to the tax commissioner at	21340
least sixty days prior to the date on which the tax is to become	21341
effective.	21342

(C) The form of the ballot in an election held under this	21343
section shall be as follows, or in any other form acceptable to	21344
the secretary of state:	21345

"For the purpose of .......... (insert the purpose or	21346
purposes of the tax), shall an excise tax be levied throughout	21347
.......... County for the benefit of the ........... (name of the	21348
qualifying regional arts and cultural district) on the sale of	21349
cigarettes at wholesale at the rate of .... mills per cigarette	21350
for ..... years?	21351

21352

		For the tax			21353
		Against the tax	"		21354

(D) The treasurer of state shall credit all moneys arising	21355
from taxes levied on behalf of each district under this section	21356
and section 5743.321 of the Revised Code as follows:	21357

(1) To the tax refund fund created by section 5703.052 of the	21358
Revised Code, amounts equal to the refunds from each tax levied	21359
under this section certified by the tax commissioner pursuant to	21360
section 5743.05 of the Revised Code;	21361

(2) Following the crediting of amounts pursuant to division	21362
(D)(1) of this section:	21363

(a) To the permissive tax distribution fund created under	21364
section 4301.423 of the Revised Code, an amount equal to	21365
ninety-eight per cent of the remainder collected;	21366

(b) To the local excise tax administrative fund, which is	21367
hereby created in the state treasury, an amount equal to two per	21368
cent of such remainder, for use by the tax commissioner in	21369
defraying costs incurred in administering the tax.	21370

On or before the second working day of each month, the	21371
treasurer of state shall certify to the tax commissioner the	21372
amount of taxes levied on behalf of each district under sections	21373
5743.021 and 5743.321 of the Revised Code and paid to the	21374
treasurer of state during the preceding month.	21375

On or before the tenth day of each month, the tax	21376
commissioner shall distribute the amount credited to the	21377
permissive tax distribution fund during the preceding month by	21378
providing for payment of the appropriate amount to the county	21379
treasurer of the county in which the tax is levied.	21380

(E) No tax shall be levied under this section on or after the	21381
effective date of the amendment of this section by the capital	21382
appropriations act of the 127th general assembly. This division	21383
does not prevent the collection of any tax levied under this	21384
section before that date so long as that tax remains effective.	21385

Sec. 5743.024. (A) For the purposes of section 307.696 of	21386
the Revised Code, to pay the expenses of administering the tax,	21387
and to pay any or all of the charge the board of elections makes	21388
against the county to hold the election on the question of levying	21389
the tax, or for such purposes and to provide revenues to the	21390
county for permanent improvements, the board of county	21391
commissioners may levy a tax on sales of cigarettes sold for	21392
resale at retail in the county. The tax shall not exceed two and	21393
twenty-five hundredths of a mill per cigarette, and shall be	21394
computed on each cigarette sold. The tax may be levied for any	21395
number of years not exceeding twenty. Only one sale of the same	21396
article shall be used in computing the amount of tax due.	21397

The tax shall be levied pursuant to a resolution of the	21398
county commissioners approved by a majority of the electors in the	21399
county voting on the question of levying the tax. The resolution	21400
shall specify the rate of the tax, the number of years the tax	21401
will be levied, and the purposes for which the tax is levied. Such	21402
election may be held on the date of a general or special election	21403
held not sooner than seventy-five days after the date the board	21404
certifies its resolution to the board of elections. If approved by	21405
the electors, the tax shall take effect on the first day of the	21406
month specified in the resolution but not sooner than the first	21407
day of the month that is at least sixty days after the	21408
certification of the election results by the board of elections. A	21409
copy of the resolution levying the tax shall be certified to the	21410
tax commissioner at least sixty days prior to the date on which	21411
the tax is to become effective.	21412

A resolution under this section may be joined on the ballot	21413
as a single question with a resolution adopted under section	21414
307.697 or 4301.421 of the Revised Code to levy a tax for the same	21415
purposes and for the purpose of paying the expenses of	21416
administering the tax. The form of the ballot in an election held	21417
pursuant to this section shall be as prescribed in section 307.697	21418
of the Revised Code.	21419

(B) The treasurer of state shall credit all moneys arising	21420
from each county's taxes levied under this section and section	21421
5743.323 of the Revised Code as follows:	21422

(1) To the tax refund fund created by section 5703.052 of the	21423
Revised Code, amounts equal to the refunds from each tax levied	21424
under this section certified by the tax commissioner pursuant to	21425
section 5743.05 of the Revised Code;	21426

(2) Following the crediting of amounts pursuant to division	21427
(B)(1) of this section:	21428

(a) To the permissive tax distribution fund created by	21429
division (B)(1) of section 4301.423 of the Revised Code, an amount	21430
equal to ninety-eight per cent of the remainder collected;	21431

(b) To the local excise tax administrative fund, which is	21432
hereby created in the state treasury, an amount equal to two per	21433
cent of such remainder, for use by the tax commissioner in	21434
defraying costs incurred in administering the tax.	21435

On or before the second working day of each month, the	21436
treasurer of state shall certify to the tax commissioner the	21437
amount of each county's taxes levied under sections 5743.024 and	21438
5743.323 and paid to the treasurer of state during the preceding	21439
month.	21440

On or before the tenth day of each month, the tax	21441
commissioner shall distribute the amount credited to the	21442
permissive tax distribution fund during the preceding month by	21443
providing for payment of the appropriate amount to the county	21444
treasurer of each county levying the tax.	21445

(C) The board of county commissioners of a county in which a	21446
tax is imposed under this section on ~~the effective date of this~~	21447
~~amendment~~July 19, 1995, may levy a tax for the purpose of section	21448
307.673 of the Revised Code regardless of whether or not the	21449
cooperative agreement authorized under that section has been	21450
entered into prior to the day the resolution adopted under	21451
division (C)(1) or (2) of this section is adopted, and for the	21452
purpose of reimbursing a county for costs incurred in the	21453
construction of a sports facility pursuant to an agreement entered	21454
into by the county under section 307.696 of the Revised Code. The	21455
tax shall be levied and approved in one of the manners prescribed	21456
by division (C)(1) or (2) of this section.	21457

(1) The tax may be levied pursuant to a resolution adopted by	21458
a majority of the members of the board of county commissioners not	21459
later than forty-five days after ~~the effective date of this~~	21460
~~amendment~~July 19, 1995. A board of county commissioners approving	21461
a tax under division (C)(1) of this section may approve a tax	21462
under division (D)(1) of section 307.697 or division (B)(1) of	21463
section 4301.421 of the Revised Code at the same time. Subject to	21464
the resolution being submitted to a referendum under sections	21465
305.31 to 305.41 of the Revised Code, the resolution shall take	21466
effect immediately, but the tax levied pursuant to the resolution	21467
shall not be levied prior to the day following the last day taxes	21468
levied pursuant to division (A) of this section may be levied.	21469

(2) The tax may be levied pursuant to a resolution adopted by	21470
a majority of the members of the board of county commissioners not	21471
later than forty-five days after ~~the effective date of this~~	21472
~~amendment~~July 19, 1995, and approved by a majority of the	21473
electors of the county voting on the question of levying the tax	21474
at the next succeeding general election following ~~the effective~~	21475
~~date of this amendment~~July 19, 1995. The board of county	21476
commissioners shall certify a copy of the resolution to the board	21477
of elections immediately upon adopting a resolution under division	21478
(C)(2) of this section, and the board of elections shall place the	21479
question of levying the tax on the ballot at that election. The	21480
form of the ballot shall be as prescribed by division (C) of	21481
section 307.697 of the Revised Code, except that the phrase	21482
"paying not more than one-half of the costs of providing a sports	21483
facility together with related redevelopment and economic	21484
development projects" shall be replaced by the phrase "paying the	21485
costs of constructing or renovating a sports facility and	21486
reimbursing a county for costs incurred by the county in the	21487
construction of a sports facility," and the phrase ", beginning	21488
.......... (here insert the earliest date the tax would take	21489
effect)" shall be appended after "years." A board of county	21490
commissioners submitting the question of a tax under division	21491
(C)(2) of this section may submit the question of a tax under	21492
division (D)(2) of section 307.697 or division (B)(2) of section	21493
4301.421 of the Revised Code as a single question, and the form of	21494
the ballot shall include each of the proposed taxes.	21495

If approved by a majority of electors voting on the question,	21496
the tax shall take effect on the day specified on the ballot,	21497
which shall not be earlier than the day following the last day the	21498
tax levied pursuant to division (A) of this section may be levied.	21499

The rate of a tax levied pursuant to division (C)(1) or (2)	21500
of this section shall not exceed the rate specified in division	21501
(A) of this section. A tax levied pursuant to division (C)(1) or	21502
(2) of this section may be levied for any number of years not	21503
exceeding twenty.	21504

A board of county commissioners adopting a resolution under	21505
this division shall certify a copy of the resolution to the tax	21506
commissioner immediately upon adoption of the resolution.	21507

(E) No tax shall be levied under this section on or after the	21508
effective date of the amendment of this section by the capital	21509
appropriations act of the 127th general assembly. This division	21510
does not prevent the collection of any tax levied under this	21511
section before that date so long as that tax remains effective.	21512

Sec. 5743.321. For the same purposes for which it levies a	21513
tax under section 5743.021 of the Revised Code, the board of	21514
county commissioners of a county that has within its territorial	21515
boundaries a qualifying regional arts and cultural district and	21516
that levies a tax under that section, by resolution adopted by a	21517
majority of the board, shall levy a tax at the same rate on the	21518
use, consumption, or storage for consumption of cigarettes by	21519
consumers in the county in which that tax is levied, provided that	21520
the tax shall not apply if the tax levied by section 5743.021 of	21521
the Revised Code has been paid. The tax shall take effect on the	21522
date that a tax levied under that section takes effect, and shall	21523
remain in effect as long as the tax levied under that section	21524
remains effective.	21525

No tax shall be levied under this section on or after the	21526
effective date of the amendment of this section by the capital	21527
appropriations act of the 127th general assembly. This paragraph	21528
does not prevent the collection of any tax levied under this	21529
section before that date so long as that tax remains effective.	21530

Sec. 5743.323. For the purposes of section 307.696 of the	21531
Revised Code and to pay the expenses of levying the tax or for	21532
such purposes and to provide revenues to the county for permanent	21533
improvements, the board of county commissioners of a county that	21534
levies a tax under division (A) or (C) of section 5743.024 of the	21535
Revised Code shall by resolution adopted by a majority of the	21536
board levy a tax at the same rate on the use, consumption, or	21537
storage for consumption of cigarettes by consumers in the county,	21538
provided that the tax shall not apply if the tax levied by	21539
division (A) or (C) of section 5743.024 of the Revised Code has	21540
been paid. The tax shall take effect on the date that a tax levied	21541
under division (A) or (C) of section 5743.024 of the Revised Code	21542
takes effect, and shall remain in effect as long as the tax levied	21543
under such division remains effective.	21544

No tax shall be levied under this section on or after the	21545
effective date of the amendment of this section by the capital	21546
appropriations act of the 127th general assembly. This paragraph	21547
does not prevent the collection of any tax levied under this	21548
section before that date so long as that tax remains effective.	21549

Sec. 5745.05. (A) Prior to the first day of March, June,	21550
September, and December, the tax commissioner shall certify to the	21551
director of budget and management the amount to be paid to each	21552
municipal corporation, as indicated on the declaration of	21553
estimated tax reports and annual reports received under sections	21554
5745.03 and 5745.04 of the Revised Code, less any amounts	21555
previously distributed and net of any audit adjustments made by	21556
the tax commissioner. Not later than the first day of March, June,	21557
September, and December, the director of budget and management	21558
shall provide for payment of the amount certified to each	21559
municipal corporation from the municipal income tax fund, plus a	21560
pro rata share of any investment earnings accruing to the fund	21561
since the previous payment under this section apportioned among	21562
municipal corporations entitled to such payments in proportion to	21563
the amount certified by the tax commissioner. All investment	21564
earnings on money in the municipal income tax fund shall be	21565
credited to that fund.	21566

(B) If the tax commissioner determines that the amount of tax	21567
paid by a taxpayer and distributed to a municipal corporation	21568
under this section for a taxable year exceeds the amount payable	21569
to that municipal corporation under this chapter after accounting	21570
for amounts remitted with the annual report and as estimated	21571
taxes, the tax commissioner shall permit the taxpayer to credit	21572
the excess against the taxpayer's payments to the municipal	21573
corporation of estimated taxes remitted for an ensuing taxable	21574
year under section 5745.04 of the Revised Code. If, upon the	21575
written request of the taxpayer, the tax commissioner determines	21576
that the excess to be so credited is likely to exceed the amount	21577
of estimated taxes payable by the taxpayer to the municipal	21578
corporation during the ensuing twelve months, the tax commissioner	21579
shall so notify the municipal corporation and the municipal	21580
corporation shall issue a refund of the excess to the taxpayer	21581
within ninety days after receiving such a notice. Interest shall	21582
accrue on the amount to be refunded and is payable to the taxpayer	21583
at the rate per annum prescribed by section 5703.47 of the Revised	21584
Code from the ninety-first day after the notice is received by the	21585
municipal corporation until the day the refund is paid.	21586
Immediately after notifying a municipal corporation under this	21587
division of an excess to be refunded, the commissioner also shall	21588
notify the director of budget and management of the amount of the	21589
excess, and the director shall transfer from the municipal income	21590
tax administrative fund to the municipal income tax fund one and	21591
one-half per cent of the amount of the excess. The commissioner	21592
shall include the transferred amount in the computation of the	21593
amount due the municipal corporation in the next certification to	21594
the director under division (A) of this section.	21595

Sec. 5747.01. Except as otherwise expressly provided or	21596
clearly appearing from the context, any term used in this chapter	21597
that is not otherwise defined in this section has the same meaning	21598
as when used in a comparable context in the laws of the United	21599
States relating to federal income taxes or if not used in a	21600
comparable context in those laws, has the same meaning as in	21601
section 5733.40 of the Revised Code. Any reference in this chapter	21602
to the Internal Revenue Code includes other laws of the United	21603
States relating to federal income taxes.	21604

As used in this chapter:

21605

(A) "Adjusted gross income" or "Ohio adjusted gross income"	21606
means federal adjusted gross income, as defined and used in the	21607
Internal Revenue Code, adjusted as provided in this section:	21608

(1) Add interest or dividends on obligations or securities of	21609
any state or of any political subdivision or authority of any	21610
state, other than this state and its subdivisions and authorities.	21611

(2) Add interest or dividends on obligations of any	21612
authority, commission, instrumentality, territory, or possession	21613
of the United States to the extent that the interest or dividends	21614
are exempt from federal income taxes but not from state income	21615
taxes.	21616

(3) Deduct interest or dividends on obligations of the United	21617
States and its territories and possessions or of any authority,	21618
commission, or instrumentality of the United States to the extent	21619
that the interest or dividends are included in federal adjusted	21620
gross income but exempt from state income taxes under the laws of	21621
the United States.	21622

(4) Deduct disability and survivor's benefits to the extent	21623
included in federal adjusted gross income.	21624

(5) Deduct benefits under Title II of the Social Security Act	21625
and tier 1 railroad retirement benefits to the extent included in	21626
federal adjusted gross income under section 86 of the Internal	21627
Revenue Code.	21628

(6) In the case of a taxpayer who is a beneficiary of a trust	21629
that makes an accumulation distribution as defined in section 665	21630
of the Internal Revenue Code, add, for the beneficiary's taxable	21631
years beginning before 2002, the portion, if any, of such	21632
distribution that does not exceed the undistributed net income of	21633
the trust for the three taxable years preceding the taxable year	21634
in which the distribution is made to the extent that the portion	21635
was not included in the trust's taxable income for any of the	21636
trust's taxable years beginning in 2002 or thereafter.	21637
"Undistributed net income of a trust" means the taxable income of	21638
the trust increased by (a)(i) the additions to adjusted gross	21639
income required under division (A) of this section and (ii) the	21640
personal exemptions allowed to the trust pursuant to section	21641
642(b) of the Internal Revenue Code, and decreased by (b)(i) the	21642
deductions to adjusted gross income required under division (A) of	21643
this section, (ii) the amount of federal income taxes attributable	21644
to such income, and (iii) the amount of taxable income that has	21645
been included in the adjusted gross income of a beneficiary by	21646
reason of a prior accumulation distribution. Any undistributed net	21647
income included in the adjusted gross income of a beneficiary	21648
shall reduce the undistributed net income of the trust commencing	21649
with the earliest years of the accumulation period.	21650

(7) Deduct the amount of wages and salaries, if any, not	21651
otherwise allowable as a deduction but that would have been	21652
allowable as a deduction in computing federal adjusted gross	21653
income for the taxable year, had the targeted jobs credit allowed	21654
and determined under sections 38, 51, and 52 of the Internal	21655
Revenue Code not been in effect.	21656

(8) Deduct any interest or interest equivalent on public	21657
obligations and purchase obligations to the extent that the	21658
interest or interest equivalent is included in federal adjusted	21659
gross income.	21660

(9) Add any loss or deduct any gain resulting from the sale,	21661
exchange, or other disposition of public obligations to the extent	21662
that the loss has been deducted or the gain has been included in	21663
computing federal adjusted gross income.	21664

(10) Deduct or add amounts, as provided under section	21665
5747.70 of the Revised Code, related to contributions to variable	21666
college savings program accounts made or tuition units purchased	21667
pursuant to Chapter 3334. of the Revised Code.	21668

(11)(a) Deduct, to the extent not otherwise allowable as a	21669
deduction or exclusion in computing federal or Ohio adjusted gross	21670
income for the taxable year, the amount the taxpayer paid during	21671
the taxable year for medical care insurance and qualified	21672
long-term care insurance for the taxpayer, the taxpayer's spouse,	21673
and dependents. No deduction for medical care insurance under	21674
division (A)(11) of this section shall be allowed either to any	21675
taxpayer who is eligible to participate in any subsidized health	21676
plan maintained by any employer of the taxpayer or of the	21677
taxpayer's spouse, or to any taxpayer who is entitled to, or on	21678
application would be entitled to, benefits under part A of Title	21679
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	21680
301, as amended. For the purposes of division (A)(11)(a) of this	21681
section, "subsidized health plan" means a health plan for which	21682
the employer pays any portion of the plan's cost. The deduction	21683
allowed under division (A)(11)(a) of this section shall be the net	21684
of any related premium refunds, related premium reimbursements, or	21685
related insurance premium dividends received during the taxable	21686
year.	21687

(b) Deduct, to the extent not otherwise deducted or excluded	21688
in computing federal or Ohio adjusted gross income during the	21689
taxable year, the amount the taxpayer paid during the taxable	21690
year, not compensated for by any insurance or otherwise, for	21691
medical care of the taxpayer, the taxpayer's spouse, and	21692
dependents, to the extent the expenses exceed seven and one-half	21693
per cent of the taxpayer's federal adjusted gross income.	21694

(c) For purposes of division (A)(11) of this section,	21695
"medical care" has the meaning given in section 213 of the	21696
Internal Revenue Code, subject to the special rules, limitations,	21697
and exclusions set forth therein, and "qualified long-term care"	21698
has the same meaning given in section 7702B(c) of the Internal	21699
Revenue Code.	21700

(12)(a) Deduct any amount included in federal adjusted gross	21701
income solely because the amount represents a reimbursement or	21702
refund of expenses that in any year the taxpayer had deducted as	21703
an itemized deduction pursuant to section 63 of the Internal	21704
Revenue Code and applicable United States department of the	21705
treasury regulations. The deduction otherwise allowed under	21706
division (A)(12)(a) of this section shall be reduced to the extent	21707
the reimbursement is attributable to an amount the taxpayer	21708
deducted under this section in any taxable year.	21709

(b) Add any amount not otherwise included in Ohio adjusted	21710
gross income for any taxable year to the extent that the amount is	21711
attributable to the recovery during the taxable year of any amount	21712
deducted or excluded in computing federal or Ohio adjusted gross	21713
income in any taxable year.	21714

(13) Deduct any portion of the deduction described in section	21715
1341(a)(2) of the Internal Revenue Code, for repaying previously	21716
reported income received under a claim of right, that meets both	21717
of the following requirements:	21718

(a) It is allowable for repayment of an item that was	21719
included in the taxpayer's adjusted gross income for a prior	21720
taxable year and did not qualify for a credit under division (A)	21721
or (B) of section 5747.05 of the Revised Code for that year;	21722

(b) It does not otherwise reduce the taxpayer's adjusted	21723
gross income for the current or any other taxable year.	21724

(14) Deduct an amount equal to the deposits made to, and net	21725
investment earnings of, a medical savings account during the	21726
taxable year, in accordance with section 3924.66 of the Revised	21727
Code. The deduction allowed by division (A)(14) of this section	21728
does not apply to medical savings account deposits and earnings	21729
otherwise deducted or excluded for the current or any other	21730
taxable year from the taxpayer's federal adjusted gross income.	21731

(15)(a) Add an amount equal to the funds withdrawn from a	21732
medical savings account during the taxable year, and the net	21733
investment earnings on those funds, when the funds withdrawn were	21734
used for any purpose other than to reimburse an account holder	21735
for, or to pay, eligible medical expenses, in accordance with	21736
section 3924.66 of the Revised Code;	21737

(b) Add the amounts distributed from a medical savings	21738
account under division (A)(2) of section 3924.68 of the Revised	21739
Code during the taxable year.	21740

(16) Add any amount claimed as a credit under section	21741
5747.059 of the Revised Code to the extent that such amount	21742
satisfies either of the following:	21743

(a) The amount was deducted or excluded from the computation	21744
of the taxpayer's federal adjusted gross income as required to be	21745
reported for the taxpayer's taxable year under the Internal	21746
Revenue Code;	21747

(b) The amount resulted in a reduction of the taxpayer's	21748
federal adjusted gross income as required to be reported for any	21749
of the taxpayer's taxable years under the Internal Revenue Code.	21750

(17) Deduct the amount contributed by the taxpayer to an	21751
individual development account program established by a county	21752
department of job and family services pursuant to sections 329.11	21753
to 329.14 of the Revised Code for the purpose of matching funds	21754
deposited by program participants. On request of the tax	21755
commissioner, the taxpayer shall provide any information that, in	21756
the tax commissioner's opinion, is necessary to establish the	21757
amount deducted under division (A)(17) of this section.	21758

(18) Beginning in taxable year 2001 but not for any taxable	21759
year beginning after December 31, 2005, if the taxpayer is married	21760
and files a joint return and the combined federal adjusted gross	21761
income of the taxpayer and the taxpayer's spouse for the taxable	21762
year does not exceed one hundred thousand dollars, or if the	21763
taxpayer is single and has a federal adjusted gross income for the	21764
taxable year not exceeding fifty thousand dollars, deduct amounts	21765
paid during the taxable year for qualified tuition and fees paid	21766
to an eligible institution for the taxpayer, the taxpayer's	21767
spouse, or any dependent of the taxpayer, who is a resident of	21768
this state and is enrolled in or attending a program that	21769
culminates in a degree or diploma at an eligible institution. The	21770
deduction may be claimed only to the extent that qualified tuition	21771
and fees are not otherwise deducted or excluded for any taxable	21772
year from federal or Ohio adjusted gross income. The deduction may	21773
not be claimed for educational expenses for which the taxpayer	21774
claims a credit under section 5747.27 of the Revised Code.	21775

(19) Add any reimbursement received during the taxable year	21776
of any amount the taxpayer deducted under division (A)(18) of this	21777
section in any previous taxable year to the extent the amount is	21778
not otherwise included in Ohio adjusted gross income.	21779

(20)(a)(i) Add five-sixths of the amount of depreciation	21780
expense allowed by subsection (k) of section 168 of the Internal	21781
Revenue Code, including the taxpayer's proportionate or	21782
distributive share of the amount of depreciation expense allowed	21783
by that subsection to a pass-through entity in which the taxpayer	21784
has a direct or indirect ownership interest.	21785

(ii) Add five-sixths of the amount of qualifying section 179	21786
depreciation expense, including a person's proportionate or	21787
distributive share of the amount of qualifying section 179	21788
depreciation expense allowed to any pass-through entity in which	21789
the person has a direct or indirect ownership. For the purposes of	21790
this division, "qualifying section 179 depreciation expense" means	21791
the difference between (I) the amount of depreciation expense	21792
directly or indirectly allowed to the taxpayer under section 179	21793
of the Internal Revenue Code, and (II) the amount of depreciation	21794
expense directly or indirectly allowed to the taxpayer under	21795
section 179 of the Internal Revenue Code as that section existed	21796
on December 31, 2002.	21797

The tax commissioner, under procedures established by the	21798
commissioner, may waive the add-backs related to a pass-through	21799
entity if the taxpayer owns, directly or indirectly, less than	21800
five per cent of the pass-through entity.	21801

(b) Nothing in division (A)(20) of this section shall be	21802
construed to adjust or modify the adjusted basis of any asset.	21803

(c) To the extent the add-back required under division	21804
(A)(20)(a) of this section is attributable to property generating	21805
nonbusiness income or loss allocated under section 5747.20 of the	21806
Revised Code, the add-back shall be sitused to the same location	21807
as the nonbusiness income or loss generated by the property for	21808
the purpose of determining the credit under division (A) of	21809
section 5747.05 of the Revised Code. Otherwise, the add-back shall	21810
be apportioned, subject to one or more of the four alternative	21811
methods of apportionment enumerated in section 5747.21 of the	21812
Revised Code.	21813

(d) For the purposes of division (A) of this section, net	21814
operating loss carryback and carryforward shall not include	21815
five-sixths of the allowance of any net operating loss deduction	21816
carryback or carryforward to the taxable year to the extent such	21817
loss resulted from depreciation allowed by section 168(k) of the	21818
Internal Revenue Code and by the qualifying section 179	21819
depreciation expense amount.	21820

(21)(a) If the taxpayer was required to add an amount under	21821
division (A)(20)(a) of this section for a taxable year, deduct	21822
one-fifth of the amount so added for each of the five succeeding	21823
taxable years.	21824

(b) If the amount deducted under division (A)(21)(a) of this	21825
section is attributable to an add-back allocated under division	21826
(A)(20)(c) of this section, the amount deducted shall be sitused	21827
to the same location. Otherwise, the add-back shall be apportioned	21828
using the apportionment factors for the taxable year in which the	21829
deduction is taken, subject to one or more of the four alternative	21830
methods of apportionment enumerated in section 5747.21 of the	21831
Revised Code.	21832

(c) No deduction is available under division (A)(21)(a) of	21833
this section with regard to any depreciation allowed by section	21834
168(k) of the Internal Revenue Code and by the qualifying section	21835
179 depreciation expense amount to the extent that such	21836
depreciation resulted in or increased a federal net operating loss	21837
carryback or carryforward to a taxable year to which division	21838
(A)(20)(d) of this section does not apply.	21839

(22) Deduct, to the extent not otherwise deducted or excluded	21840
in computing federal or Ohio adjusted gross income for the taxable	21841
year, the amount the taxpayer received during the taxable year as	21842
reimbursement for life insurance premiums under section 5919.31 of	21843
the Revised Code.	21844

(23) Deduct, to the extent not otherwise deducted or excluded	21845
in computing federal or Ohio adjusted gross income for the taxable	21846
year, the amount the taxpayer received during the taxable year as	21847
a death benefit paid by the adjutant general under section 5919.33	21848
of the Revised Code.	21849

(24) Deduct, to the extent included in federal adjusted gross	21850
income and not otherwise allowable as a deduction or exclusion in	21851
computing federal or Ohio adjusted gross income for the taxable	21852
year, military pay and allowances received by the taxpayer during	21853
the taxable year for active duty service in the United States	21854
army, air force, navy, marine corps, or coast guard or reserve	21855
components thereof or the national guard. The deduction may not be	21856
claimed for military pay and allowances received by the taxpayer	21857
while the taxpayer is stationed in this state.	21858

(25) Deduct, to the extent not otherwise allowable as a	21859
deduction or exclusion in computing federal or Ohio adjusted gross	21860
income for the taxable year and not otherwise compensated for by	21861
any other source, the amount of qualified organ donation expenses	21862
incurred by the taxpayer during the taxable year, not to exceed	21863
ten thousand dollars. A taxpayer may deduct qualified organ	21864
donation expenses only once for all taxable years beginning with	21865
taxable years beginning in 2007.	21866

For the purposes of division (A)(25) of this section:

21867

(a) "Human organ" means all or any portion of a human liver,	21868
pancreas, kidney, intestine, or lung, and any portion of human	21869
bone marrow.	21870

(b) "Qualified organ donation expenses" means travel	21871
expenses, lodging expenses, and wages and salary forgone by a	21872
taxpayer in connection with the taxpayer's donation, while living,	21873
of one or more of the taxpayer's human organs to another human	21874
being.	21875

(26) Deduct, to the extent not otherwise deducted or excluded	21876
in computing federal or Ohio adjusted gross income for the taxable	21877
year, amounts received by the taxpayer as retired military	21878
personnel pay for service in the United States army, navy, air	21879
force, coast guard, or marine corps or reserve components thereof,	21880
or the national guard. If the taxpayer receives income on account	21881
of retirement paid under the federal civil service retirement	21882
system or federal employees retirement system, or under any	21883
successor retirement program enacted by the congress of the United	21884
States that is established and maintained for retired employees of	21885
the United States government, and such retirement income is based,	21886
in whole or in part, on credit for the taxpayer's military	21887
service, the deduction allowed under this division shall include	21888
only that portion of such retirement income that is attributable	21889
to the taxpayer's military service, to the extent that portion of	21890
such retirement income is otherwise included in federal adjusted	21891
gross income and is not otherwise deducted under this section. Any	21892
amount deducted under division (A)(26) of this section is not	21893
included in the taxpayer's adjusted gross income for the purposes	21894
of section 5747.055 of the Revised Code. No amount may be	21895
deducted under division (A)(26) of this section on the basis of	21896
which a credit was claimed under section 5747.055 of the Revised	21897
Code.	21898

(27) Deduct, to the extent not otherwise deducted or excluded	21899
in computing federal or Ohio adjusted gross income for the taxable	21900
year, the amount the taxpayer received during the taxable year	21901
from the military injury relief fund created in section 5101.98 of	21902
the Revised Code.	21903

(B) "Business income" means income, including gain or loss,	21904
arising from transactions, activities, and sources in the regular	21905
course of a trade or business and includes income, gain, or loss	21906
from real property, tangible property, and intangible property if	21907
the acquisition, rental, management, and disposition of the	21908
property constitute integral parts of the regular course of a	21909
trade or business operation. "Business income" includes income,	21910
including gain or loss, from a partial or complete liquidation of	21911
a business, including, but not limited to, gain or loss from the	21912
sale or other disposition of goodwill.	21913

(C) "Nonbusiness income" means all income other than business	21914
income and may include, but is not limited to, compensation, rents	21915
and royalties from real or tangible personal property, capital	21916
gains, interest, dividends and distributions, patent or copyright	21917
royalties, or lottery winnings, prizes, and awards.	21918

(D) "Compensation" means any form of remuneration paid to an	21919
employee for personal services.	21920

(E) "Fiduciary" means a guardian, trustee, executor,	21921
administrator, receiver, conservator, or any other person acting	21922
in any fiduciary capacity for any individual, trust, or estate.	21923

(F) "Fiscal year" means an accounting period of twelve months	21924
ending on the last day of any month other than December.	21925

(G) "Individual" means any natural person.

21926

(H) "Internal Revenue Code" means the "Internal Revenue Code	21927
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	21928

(I) "Resident" means any of the following, provided that	21929
division (I)(3) of this section applies only to taxable years of a	21930
trust beginning in 2002 or thereafter:	21931

(1) An individual who is domiciled in this state, subject to	21932
section 5747.24 of the Revised Code;	21933

(2) The estate of a decedent who at the time of death was	21934
domiciled in this state. The domicile tests of section 5747.24 of	21935
the Revised Code are not controlling for purposes of division	21936
(I)(2) of this section.	21937

(3) A trust that, in whole or part, resides in this state. If	21938
only part of a trust resides in this state, the trust is a	21939
resident only with respect to that part.	21940

For the purposes of division (I)(3) of this section:

21941

(a) A trust resides in this state for the trust's current	21942
taxable year to the extent, as described in division (I)(3)(d) of	21943
this section, that the trust consists directly or indirectly, in	21944
whole or in part, of assets, net of any related liabilities, that	21945
were transferred, or caused to be transferred, directly or	21946
indirectly, to the trust by any of the following:	21947

(i) A person, a court, or a governmental entity or	21948
instrumentality on account of the death of a decedent, but only if	21949
the trust is described in division (I)(3)(e)(i) or (ii) of this	21950
section;	21951

(ii) A person who was domiciled in this state for the	21952
purposes of this chapter when the person directly or indirectly	21953
transferred assets to an irrevocable trust, but only if at least	21954
one of the trust's qualifying beneficiaries is domiciled in this	21955
state for the purposes of this chapter during all or some portion	21956
of the trust's current taxable year;	21957

(iii) A person who was domiciled in this state for the	21958
purposes of this chapter when the trust document or instrument or	21959
part of the trust document or instrument became irrevocable, but	21960
only if at least one of the trust's qualifying beneficiaries is a	21961
resident domiciled in this state for the purposes of this chapter	21962
during all or some portion of the trust's current taxable year. If	21963
a trust document or instrument became irrevocable upon the death	21964
of a person who at the time of death was domiciled in this state	21965
for purposes of this chapter, that person is a person described in	21966
division (I)(3)(a)(iii) of this section.	21967

(b) A trust is irrevocable to the extent that the transferor	21968
is not considered to be the owner of the net assets of the trust	21969
under sections 671 to 678 of the Internal Revenue Code.	21970

(c) With respect to a trust other than a charitable lead	21971
trust, "qualifying beneficiary" has the same meaning as "potential	21972
current beneficiary" as defined in section 1361(e)(2) of the	21973
Internal Revenue Code, and with respect to a charitable lead trust	21974
"qualifying beneficiary" is any current, future, or contingent	21975
beneficiary, but with respect to any trust "qualifying	21976
beneficiary" excludes a person or a governmental entity or	21977
instrumentality to any of which a contribution would qualify for	21978
the charitable deduction under section 170 of the Internal Revenue	21979
Code.	21980

(d) For the purposes of division (I)(3)(a) of this section,	21981
the extent to which a trust consists directly or indirectly, in	21982
whole or in part, of assets, net of any related liabilities, that	21983
were transferred directly or indirectly, in whole or part, to the	21984
trust by any of the sources enumerated in that division shall be	21985
ascertained by multiplying the fair market value of the trust's	21986
assets, net of related liabilities, by the qualifying ratio, which	21987
shall be computed as follows:	21988

(i) The first time the trust receives assets, the numerator	21989
of the qualifying ratio is the fair market value of those assets	21990
at that time, net of any related liabilities, from sources	21991
enumerated in division (I)(3)(a) of this section. The denominator	21992
of the qualifying ratio is the fair market value of all the	21993
trust's assets at that time, net of any related liabilities.	21994

(ii) Each subsequent time the trust receives assets, a	21995
revised qualifying ratio shall be computed. The numerator of the	21996
revised qualifying ratio is the sum of (1) the fair market value	21997
of the trust's assets immediately prior to the subsequent	21998
transfer, net of any related liabilities, multiplied by the	21999
qualifying ratio last computed without regard to the subsequent	22000
transfer, and (2) the fair market value of the subsequently	22001
transferred assets at the time transferred, net of any related	22002
liabilities, from sources enumerated in division (I)(3)(a) of this	22003
section. The denominator of the revised qualifying ratio is the	22004
fair market value of all the trust's assets immediately after the	22005
subsequent transfer, net of any related liabilities.	22006

(iii) Whether a transfer to the trust is by or from any of	22007
the sources enumerated in division (I)(3)(a) of this section shall	22008
be ascertained without regard to the domicile of the trust's	22009
beneficiaries.	22010

(e) For the purposes of division (I)(3)(a)(i) of this	22011
section:	22012

(i) A trust is described in division (I)(3)(e)(i) of this	22013
section if the trust is a testamentary trust and the testator of	22014
that testamentary trust was domiciled in this state at the time of	22015
the testator's death for purposes of the taxes levied under	22016
Chapter 5731. of the Revised Code.	22017

(ii) A trust is described in division (I)(3)(e)(ii) of this	22018
section if the transfer is a qualifying transfer described in any	22019
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	22020
irrevocable inter vivos trust, and at least one of the trust's	22021
qualifying beneficiaries is domiciled in this state for purposes	22022
of this chapter during all or some portion of the trust's current	22023
taxable year.	22024

(f) For the purposes of division (I)(3)(e)(ii) of this	22025
section, a "qualifying transfer" is a transfer of assets, net of	22026
any related liabilities, directly or indirectly to a trust, if the	22027
transfer is described in any of the following:	22028

(i) The transfer is made to a trust, created by the decedent	22029
before the decedent's death and while the decedent was domiciled	22030
in this state for the purposes of this chapter, and, prior to the	22031
death of the decedent, the trust became irrevocable while the	22032
decedent was domiciled in this state for the purposes of this	22033
chapter.	22034

(ii) The transfer is made to a trust to which the decedent,	22035
prior to the decedent's death, had directly or indirectly	22036
transferred assets, net of any related liabilities, while the	22037
decedent was domiciled in this state for the purposes of this	22038
chapter, and prior to the death of the decedent the trust became	22039
irrevocable while the decedent was domiciled in this state for the	22040
purposes of this chapter.	22041

(iii) The transfer is made on account of a contractual	22042
relationship existing directly or indirectly between the	22043
transferor and either the decedent or the estate of the decedent	22044
at any time prior to the date of the decedent's death, and the	22045
decedent was domiciled in this state at the time of death for	22046
purposes of the taxes levied under Chapter 5731. of the Revised	22047
Code.	22048

(iv) The transfer is made to a trust on account of a	22049
contractual relationship existing directly or indirectly between	22050
the transferor and another person who at the time of the	22051
decedent's death was domiciled in this state for purposes of this	22052
chapter.	22053

(v) The transfer is made to a trust on account of the will of	22054
a testator.	22055

(vi) The transfer is made to a trust created by or caused to	22056
be created by a court, and the trust was directly or indirectly	22057
created in connection with or as a result of the death of an	22058
individual who, for purposes of the taxes levied under Chapter	22059
5731. of the Revised Code, was domiciled in this state at the time	22060
of the individual's death.	22061

(g) The tax commissioner may adopt rules to ascertain the	22062
part of a trust residing in this state.	22063

(J) "Nonresident" means an individual or estate that is not a	22064
resident. An individual who is a resident for only part of a	22065
taxable year is a nonresident for the remainder of that taxable	22066
year.	22067

(K) "Pass-through entity" has the same meaning as in section	22068
5733.04 of the Revised Code.	22069

(L) "Return" means the notifications and reports required to	22070
be filed pursuant to this chapter for the purpose of reporting the	22071
tax due and includes declarations of estimated tax when so	22072
required.	22073

(M) "Taxable year" means the calendar year or the taxpayer's	22074
fiscal year ending during the calendar year, or fractional part	22075
thereof, upon which the adjusted gross income is calculated	22076
pursuant to this chapter.	22077

(N) "Taxpayer" means any person subject to the tax imposed by	22078
section 5747.02 of the Revised Code or any pass-through entity	22079
that makes the election under division (D) of section 5747.08 of	22080
the Revised Code.	22081

(O) "Dependents" means dependents as defined in the Internal	22082
Revenue Code and as claimed in the taxpayer's federal income tax	22083
return for the taxable year or which the taxpayer would have been	22084
permitted to claim had the taxpayer filed a federal income tax	22085
return.	22086

(P) "Principal county of employment" means, in the case of a	22087
nonresident, the county within the state in which a taxpayer	22088
performs services for an employer or, if those services are	22089
performed in more than one county, the county in which the major	22090
portion of the services are performed.	22091

(Q) As used in sections 5747.50 to 5747.55 of the Revised	22092
Code:	22093

(1) "Subdivision" means any county, municipal corporation,	22094
park district, or township.	22095

(2) "Essential local government purposes" includes all	22096
functions that any subdivision is required by general law to	22097
exercise, including like functions that are exercised under a	22098
charter adopted pursuant to the Ohio Constitution.	22099

(R) "Overpayment" means any amount already paid that exceeds	22100
the figure determined to be the correct amount of the tax.	22101

(S) "Taxable income" or "Ohio taxable income" applies only to	22102
estates and trusts, and means federal taxable income, as defined	22103
and used in the Internal Revenue Code, adjusted as follows:	22104

(1) Add interest or dividends, net of ordinary, necessary,	22105
and reasonable expenses not deducted in computing federal taxable	22106
income, on obligations or securities of any state or of any	22107
political subdivision or authority of any state, other than this	22108
state and its subdivisions and authorities, but only to the extent	22109
that such net amount is not otherwise includible in Ohio taxable	22110
income and is described in either division (S)(1)(a) or (b) of	22111
this section:	22112

(a) The net amount is not attributable to the S portion of an	22113
electing small business trust and has not been distributed to	22114
beneficiaries for the taxable year;	22115

(b) The net amount is attributable to the S portion of an	22116
electing small business trust for the taxable year.	22117

(2) Add interest or dividends, net of ordinary, necessary,	22118
and reasonable expenses not deducted in computing federal taxable	22119
income, on obligations of any authority, commission,	22120
instrumentality, territory, or possession of the United States to	22121
the extent that the interest or dividends are exempt from federal	22122
income taxes but not from state income taxes, but only to the	22123
extent that such net amount is not otherwise includible in Ohio	22124
taxable income and is described in either division (S)(1)(a) or	22125
(b) of this section;	22126

(3) Add the amount of personal exemption allowed to the	22127
estate pursuant to section 642(b) of the Internal Revenue Code;	22128

(4) Deduct interest or dividends, net of related expenses	22129
deducted in computing federal taxable income, on obligations of	22130
the United States and its territories and possessions or of any	22131
authority, commission, or instrumentality of the United States to	22132
the extent that the interest or dividends are exempt from state	22133
taxes under the laws of the United States, but only to the extent	22134
that such amount is included in federal taxable income and is	22135
described in either division (S)(1)(a) or (b) of this section;	22136

(5) Deduct the amount of wages and salaries, if any, not	22137
otherwise allowable as a deduction but that would have been	22138
allowable as a deduction in computing federal taxable income for	22139
the taxable year, had the targeted jobs credit allowed under	22140
sections 38, 51, and 52 of the Internal Revenue Code not been in	22141
effect, but only to the extent such amount relates either to	22142
income included in federal taxable income for the taxable year or	22143
to income of the S portion of an electing small business trust for	22144
the taxable year;	22145

(6) Deduct any interest or interest equivalent, net of	22146
related expenses deducted in computing federal taxable income, on	22147
public obligations and purchase obligations, but only to the	22148
extent that such net amount relates either to income included in	22149
federal taxable income for the taxable year or to income of the S	22150
portion of an electing small business trust for the taxable year;	22151

(7) Add any loss or deduct any gain resulting from sale,	22152
exchange, or other disposition of public obligations to the extent	22153
that such loss has been deducted or such gain has been included in	22154
computing either federal taxable income or income of the S portion	22155
of an electing small business trust for the taxable year;	22156

(8) Except in the case of the final return of an estate, add	22157
any amount deducted by the taxpayer on both its Ohio estate tax	22158
return pursuant to section 5731.14 of the Revised Code, and on its	22159
federal income tax return in determining federal taxable income;	22160

(9)(a) Deduct any amount included in federal taxable income	22161
solely because the amount represents a reimbursement or refund of	22162
expenses that in a previous year the decedent had deducted as an	22163
itemized deduction pursuant to section 63 of the Internal Revenue	22164
Code and applicable treasury regulations. The deduction otherwise	22165
allowed under division (S)(9)(a) of this section shall be reduced	22166
to the extent the reimbursement is attributable to an amount the	22167
taxpayer or decedent deducted under this section in any taxable	22168
year.	22169

(b) Add any amount not otherwise included in Ohio taxable	22170
income for any taxable year to the extent that the amount is	22171
attributable to the recovery during the taxable year of any amount	22172
deducted or excluded in computing federal or Ohio taxable income	22173
in any taxable year, but only to the extent such amount has not	22174
been distributed to beneficiaries for the taxable year.	22175

(10) Deduct any portion of the deduction described in section	22176
1341(a)(2) of the Internal Revenue Code, for repaying previously	22177
reported income received under a claim of right, that meets both	22178
of the following requirements:	22179

(a) It is allowable for repayment of an item that was	22180
included in the taxpayer's taxable income or the decedent's	22181
adjusted gross income for a prior taxable year and did not qualify	22182
for a credit under division (A) or (B) of section 5747.05 of the	22183
Revised Code for that year.	22184

(b) It does not otherwise reduce the taxpayer's taxable	22185
income or the decedent's adjusted gross income for the current or	22186
any other taxable year.	22187

(11) Add any amount claimed as a credit under section	22188
5747.059 of the Revised Code to the extent that the amount	22189
satisfies either of the following:	22190

(a) The amount was deducted or excluded from the computation	22191
of the taxpayer's federal taxable income as required to be	22192
reported for the taxpayer's taxable year under the Internal	22193
Revenue Code;	22194

(b) The amount resulted in a reduction in the taxpayer's	22195
federal taxable income as required to be reported for any of the	22196
taxpayer's taxable years under the Internal Revenue Code.	22197

(12) Deduct any amount, net of related expenses deducted in	22198
computing federal taxable income, that a trust is required to	22199
report as farm income on its federal income tax return, but only	22200
if the assets of the trust include at least ten acres of land	22201
satisfying the definition of "land devoted exclusively to	22202
agricultural use" under section 5713.30 of the Revised Code,	22203
regardless of whether the land is valued for tax purposes as such	22204
land under sections 5713.30 to 5713.38 of the Revised Code. If the	22205
trust is a pass-through entity investor, section 5747.231 of the	22206
Revised Code applies in ascertaining if the trust is eligible to	22207
claim the deduction provided by division (S)(12) of this section	22208
in connection with the pass-through entity's farm income.	22209

Except for farm income attributable to the S portion of an	22210
electing small business trust, the deduction provided by division	22211
(S)(12) of this section is allowed only to the extent that the	22212
trust has not distributed such farm income. Division (S)(12) of	22213
this section applies only to taxable years of a trust beginning in	22214
2002 or thereafter.	22215

(13) Add the net amount of income described in section 641(c)	22216
of the Internal Revenue Code to the extent that amount is not	22217
included in federal taxable income.	22218

(14) Add or deduct the amount the taxpayer would be required	22219
to add or deduct under division (A)(20) or (21) of this section if	22220
the taxpayer's Ohio taxable income were computed in the same	22221
manner as an individual's Ohio adjusted gross income is computed	22222
under this section. In the case of a trust, division (S)(14) of	22223
this section applies only to any of the trust's taxable years	22224
beginning in 2002 or thereafter.	22225

(T) "School district income" and "school district income tax"	22226
have the same meanings as in section 5748.01 of the Revised Code.	22227

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	22228
of this section, "public obligations," "purchase obligations," and	22229
"interest or interest equivalent" have the same meanings as in	22230
section 5709.76 of the Revised Code.	22231

(V) "Limited liability company" means any limited liability	22232
company formed under Chapter 1705. of the Revised Code or under	22233
the laws of any other state.	22234

(W) "Pass-through entity investor" means any person who,	22235
during any portion of a taxable year of a pass-through entity, is	22236
a partner, member, shareholder, or equity investor in that	22237
pass-through entity.	22238

(X) "Banking day" has the same meaning as in section 1304.01	22239
of the Revised Code.	22240

(Y) "Month" means a calendar month.

22241

(Z) "Quarter" means the first three months, the second three	22242
months, the third three months, or the last three months of the	22243
taxpayer's taxable year.	22244

(AA)(1) "Eligible institution" means a state university or	22245
state institution of higher education as defined in section	22246
3345.011 of the Revised Code, or a private, nonprofit college,	22247
university, or other post-secondary institution located in this	22248
state that possesses a certificate of authorization issued by the	22249
Ohio board of regents pursuant to Chapter 1713. of the Revised	22250
Code or a certificate of registration issued by the state board of	22251
career colleges and schools under Chapter 3332. of the Revised	22252
Code.	22253

(2) "Qualified tuition and fees" means tuition and fees	22254
imposed by an eligible institution as a condition of enrollment or	22255
attendance, not exceeding two thousand five hundred dollars in	22256
each of the individual's first two years of post-secondary	22257
education. If the individual is a part-time student, "qualified	22258
tuition and fees" includes tuition and fees paid for the academic	22259
equivalent of the first two years of post-secondary education	22260
during a maximum of five taxable years, not exceeding a total of	22261
five thousand dollars. "Qualified tuition and fees" does not	22262
include:	22263

(a) Expenses for any course or activity involving sports,	22264
games, or hobbies unless the course or activity is part of the	22265
individual's degree or diploma program;	22266

(b) The cost of books, room and board, student activity fees,	22267
athletic fees, insurance expenses, or other expenses unrelated to	22268
the individual's academic course of instruction;	22269

(c) Tuition, fees, or other expenses paid or reimbursed	22270
through an employer, scholarship, grant in aid, or other	22271
educational benefit program.	22272

(BB)(1) "Modified business income" means the business income	22273
included in a trust's Ohio taxable income after such taxable	22274
income is first reduced by the qualifying trust amount, if any.	22275

(2) "Qualifying trust amount" of a trust means capital gains	22276
and losses from the sale, exchange, or other disposition of equity	22277
or ownership interests in, or debt obligations of, a qualifying	22278
investee to the extent included in the trust's Ohio taxable	22279
income, but only if the following requirements are satisfied:	22280

(a) The book value of the qualifying investee's physical	22281
assets in this state and everywhere, as of the last day of the	22282
qualifying investee's fiscal or calendar year ending immediately	22283
prior to the date on which the trust recognizes the gain or loss,	22284
is available to the trust.	22285

(b) The requirements of section 5747.011 of the Revised Code	22286
are satisfied for the trust's taxable year in which the trust	22287
recognizes the gain or loss.	22288

Any gain or loss that is not a qualifying trust amount is	22289
modified business income, qualifying investment income, or	22290
modified nonbusiness income, as the case may be.	22291

(3) "Modified nonbusiness income" means a trust's Ohio	22292
taxable income other than modified business income, other than the	22293
qualifying trust amount, and other than qualifying investment	22294
income, as defined in section 5747.012 of the Revised Code, to the	22295
extent such qualifying investment income is not otherwise part of	22296
modified business income.	22297

(4) "Modified Ohio taxable income" applies only to trusts,	22298
and means the sum of the amounts described in divisions (BB)(4)(a)	22299
to (c) of this section:	22300

(a) The fraction, calculated under section 5747.013, and	22301
applying section 5747.231 of the Revised Code, multiplied by the	22302
sum of the following amounts:	22303

(i) The trust's modified business income;

22304

(ii) The trust's qualifying investment income, as defined in	22305
section 5747.012 of the Revised Code, but only to the extent the	22306
qualifying investment income does not otherwise constitute	22307
modified business income and does not otherwise constitute a	22308
qualifying trust amount.	22309

(b) The qualifying trust amount multiplied by a fraction, the	22310
numerator of which is the sum of the book value of the qualifying	22311
investee's physical assets in this state on the last day of the	22312
qualifying investee's fiscal or calendar year ending immediately	22313
prior to the day on which the trust recognizes the qualifying	22314
trust amount, and the denominator of which is the sum of the book	22315
value of the qualifying investee's total physical assets	22316
everywhere on the last day of the qualifying investee's fiscal or	22317
calendar year ending immediately prior to the day on which the	22318
trust recognizes the qualifying trust amount. If, for a taxable	22319
year, the trust recognizes a qualifying trust amount with respect	22320
to more than one qualifying investee, the amount described in	22321
division (BB)(4)(b) of this section shall equal the sum of the	22322
products so computed for each such qualifying investee.	22323

(c)(i) With respect to a trust or portion of a trust that is	22324
a resident as ascertained in accordance with division (I)(3)(d) of	22325
this section, its modified nonbusiness income.	22326

(ii) With respect to a trust or portion of a trust that is	22327
not a resident as ascertained in accordance with division	22328
(I)(3)(d) of this section, the amount of its modified nonbusiness	22329
income satisfying the descriptions in divisions (B)(2) to (5) of	22330
section 5747.20 of the Revised Code, except as otherwise provided	22331
in division (BB)(4)(c)(ii) of this section. With respect to a	22332
trust or portion of a trust that is not a resident as ascertained	22333
in accordance with division (I)(3)(d) of this section, the trust's	22334
portion of modified nonbusiness income recognized from the sale,	22335
exchange, or other disposition of a debt interest in or equity	22336
interest in a section 5747.212 entity, as defined in section	22337
5747.212 of the Revised Code, without regard to division (A) of	22338
that section, shall not be allocated to this state in accordance	22339
with section 5747.20 of the Revised Code but shall be apportioned	22340
to this state in accordance with division (B) of section 5747.212	22341
of the Revised Code without regard to division (A) of that	22342
section.	22343

If the allocation and apportionment of a trust's income under	22344
divisions (BB)(4)(a) and (c) of this section do not fairly	22345
represent the modified Ohio taxable income of the trust in this	22346
state, the alternative methods described in division (C) of	22347
section 5747.21 of the Revised Code may be applied in the manner	22348
and to the same extent provided in that section.	22349

(5)(a) Except as set forth in division (BB)(5)(b) of this	22350
section, "qualifying investee" means a person in which a trust has	22351
an equity or ownership interest, or a person or unit of government	22352
the debt obligations of either of which are owned by a trust. For	22353
the purposes of division (BB)(2)(a) of this section and for the	22354
purpose of computing the fraction described in division (BB)(4)(b)	22355
of this section, all of the following apply:	22356

(i) If the qualifying investee is a member of a qualifying	22357
controlled group on the last day of the qualifying investee's	22358
fiscal or calendar year ending immediately prior to the date on	22359
which the trust recognizes the gain or loss, then "qualifying	22360
investee" includes all persons in the qualifying controlled group	22361
on such last day.	22362

(ii) If the qualifying investee, or if the qualifying	22363
investee and any members of the qualifying controlled group of	22364
which the qualifying investee is a member on the last day of the	22365
qualifying investee's fiscal or calendar year ending immediately	22366
prior to the date on which the trust recognizes the gain or loss,	22367
separately or cumulatively own, directly or indirectly, on the	22368
last day of the qualifying investee's fiscal or calendar year	22369
ending immediately prior to the date on which the trust recognizes	22370
the qualifying trust amount, more than fifty per cent of the	22371
equity of a pass-through entity, then the qualifying investee and	22372
the other members are deemed to own the proportionate share of the	22373
pass-through entity's physical assets which the pass-through	22374
entity directly or indirectly owns on the last day of the	22375
pass-through entity's calendar or fiscal year ending within or	22376
with the last day of the qualifying investee's fiscal or calendar	22377
year ending immediately prior to the date on which the trust	22378
recognizes the qualifying trust amount.	22379

(iii) For the purposes of division (BB)(5)(a)(iii) of this	22380
section, "upper level pass-through entity" means a pass-through	22381
entity directly or indirectly owning any equity of another	22382
pass-through entity, and "lower level pass-through entity" means	22383
that other pass-through entity.	22384

An upper level pass-through entity, whether or not it is also	22385
a qualifying investee, is deemed to own, on the last day of the	22386
upper level pass-through entity's calendar or fiscal year, the	22387
proportionate share of the lower level pass-through entity's	22388
physical assets that the lower level pass-through entity directly	22389
or indirectly owns on the last day of the lower level pass-through	22390
entity's calendar or fiscal year ending within or with the last	22391
day of the upper level pass-through entity's fiscal or calendar	22392
year. If the upper level pass-through entity directly and	22393
indirectly owns less than fifty per cent of the equity of the	22394
lower level pass-through entity on each day of the upper level	22395
pass-through entity's calendar or fiscal year in which or with	22396
which ends the calendar or fiscal year of the lower level	22397
pass-through entity and if, based upon clear and convincing	22398
evidence, complete information about the location and cost of the	22399
physical assets of the lower pass-through entity is not available	22400
to the upper level pass-through entity, then solely for purposes	22401
of ascertaining if a gain or loss constitutes a qualifying trust	22402
amount, the upper level pass-through entity shall be deemed as	22403
owning no equity of the lower level pass-through entity for each	22404
day during the upper level pass-through entity's calendar or	22405
fiscal year in which or with which ends the lower level	22406
pass-through entity's calendar or fiscal year. Nothing in division	22407
(BB)(5)(a)(iii) of this section shall be construed to provide for	22408
any deduction or exclusion in computing any trust's Ohio taxable	22409
income.	22410

(b) With respect to a trust that is not a resident for the	22411
taxable year and with respect to a part of a trust that is not a	22412
resident for the taxable year, "qualifying investee" for that	22413
taxable year does not include a C corporation if both of the	22414
following apply:	22415

(i) During the taxable year the trust or part of the trust	22416
recognizes a gain or loss from the sale, exchange, or other	22417
disposition of equity or ownership interests in, or debt	22418
obligations of, the C corporation.	22419

(ii) Such gain or loss constitutes nonbusiness income.

22420

(6) "Available" means information is such that a person is	22421
able to learn of the information by the due date plus extensions,	22422
if any, for filing the return for the taxable year in which the	22423
trust recognizes the gain or loss.	22424

(CC) "Qualifying controlled group" has the same meaning as in	22425
section 5733.04 of the Revised Code.	22426

(DD) "Related member" has the same meaning as in section	22427
5733.042 of the Revised Code.	22428

(EE)(1) For the purposes of division (EE) of this section:

22429

(a) "Qualifying person" means any person other than a	22430
qualifying corporation.	22431

(b) "Qualifying corporation" means any person classified for	22432
federal income tax purposes as an association taxable as a	22433
corporation, except either of the following:	22434

(i) A corporation that has made an election under subchapter	22435
S, chapter one, subtitle A, of the Internal Revenue Code for its	22436
taxable year ending within, or on the last day of, the investor's	22437
taxable year;	22438

(ii) A subsidiary that is wholly owned by any corporation	22439
that has made an election under subchapter S, chapter one,	22440
subtitle A of the Internal Revenue Code for its taxable year	22441
ending within, or on the last day of, the investor's taxable year.	22442

(2) For the purposes of this chapter, unless expressly stated	22443
otherwise, no qualifying person indirectly owns any asset directly	22444
or indirectly owned by any qualifying corporation.	22445

(FF) For purposes of this chapter and Chapter 5751. of the	22446
Revised Code:	22447

(1) "Trust" does not include a qualified pre-income tax	22448
trust.	22449

(2) A "qualified pre-income tax trust" is any pre-income tax	22450
trust that makes a qualifying pre-income tax trust election as	22451
described in division (FF)(3) of this section.	22452

(3) A "qualifying pre-income tax trust election" is an	22453
election by a pre-income tax trust to subject to the tax imposed	22454
by section 5751.02 of the Revised Code the pre-income tax trust	22455
and all pass-through entities of which the trust owns or controls,	22456
directly, indirectly, or constructively through related interests,	22457
five per cent or more of the ownership or equity interests. The	22458
trustee shall notify the tax commissioner in writing of the	22459
election on or before April 15, 2006. The election, if timely	22460
made, shall be effective on and after January 1, 2006, and shall	22461
apply for all tax periods and tax years until revoked by the	22462
trustee of the trust.	22463

(4) A "pre-income tax trust" is a trust that satisfies all of	22464
the following requirements:	22465

(a) The document or instrument creating the trust was	22466
executed by the grantor before January 1, 1972;	22467

(b) The trust became irrevocable upon the creation of the	22468
trust; and	22469

(c) The grantor was domiciled in this state at the time the	22470
trust was created.	22471

Sec. 5747.02. (A) For the purpose of providing revenue for	22472
the support of schools and local government functions, to provide	22473
relief to property taxpayers, to provide revenue for the general	22474
revenue fund, and to meet the expenses of administering the tax	22475
levied by this chapter, there is hereby levied on every	22476
individual, trust, and estate residing in or earning or receiving	22477
income in this state, on every individual, trust, and estate	22478
earning or receiving lottery winnings, prizes, or awards pursuant	22479
to Chapter 3770. of the Revised Code, and on every individual,	22480
trust, and estate otherwise having nexus with or in this state	22481
under the Constitution of the United States, an annual tax	22482
measured in the case of individuals by Ohio adjusted gross income	22483
less an exemption for the taxpayer, the taxpayer's spouse, and	22484
each dependent as provided in section 5747.025 of the Revised	22485
Code; measured in the case of trusts by modified Ohio taxable	22486
income under division (D) of this section; and measured in the	22487
case of estates by Ohio taxable income. The tax imposed by this	22488
section on the balance thus obtained is hereby levied as follows:	22489

(1) For taxable years beginning in 2004:

22490

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		22491
OR		22492
MODIFIED OHIO		22493
TAXABLE INCOME (TRUSTS)		22494
OR		22495
OHIO TAXABLE INCOME (ESTATES)	TAX	22496

$5,000 or less	.743%	22497
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	22498
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	22499
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	22500
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	22501
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	22502
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	22503
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	22504
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	22505

(2) For taxable years beginning in 2005:

22506

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		22507
OR		22508
MODIFIED OHIO		22509
TAXABLE INCOME (TRUSTS)		22510
OR		22511
OHIO TAXABLE INCOME (ESTATES)	TAX	22512

$5,000 or less	.712%	22513
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	22514
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	22515
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	22516
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	22517
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	22518
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	22519
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	22520
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	22521

(3) For taxable years beginning in 2006:

22522

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		22523
OR		22524
MODIFIED OHIO		22525
TAXABLE INCOME (TRUSTS)		22526
OR		22527
OHIO TAXABLE INCOME (ESTATES)	TAX	22528

$5,000 or less	.681%	22529
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	22530
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	22531
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	22532
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	22533
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	22534
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	22535
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	22536
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	22537

(4) For taxable years beginning in 2007:

22538

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		22539
OR		22540
MODIFIED OHIO		22541
TAXABLE INCOME (TRUSTS)		22542
OR		22543
OHIO TAXABLE INCOME (ESTATES)	TAX	22544

$5,000 or less	.649%	22545
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	22546
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	22547
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	22548
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	22549
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	22550
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	22551
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	22552
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	22553

(5) For taxable years beginning in 2008:

22554

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		22555
OR		22556
MODIFIED OHIO		22557
TAXABLE INCOME (TRUSTS)		22558
OR		22559
OHIO TAXABLE INCOME (ESTATES)	TAX	22560

$5,000 or less	.618%	22561
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	22562
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	22563
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	22564
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	22565
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	22566
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	22567
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	22568
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	22569

(6) For taxable years beginning in 2009 or thereafter:

22570

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		22571
OR		22572
MODIFIED OHIO		22573
TAXABLE INCOME (TRUSTS)		22574
OR		22575
OHIO TAXABLE INCOME (ESTATES)	TAX	22576

$5,000 or less	.587%	22577
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	22578
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	22579
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	22580
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	22581
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	22582
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	22583
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	22584
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	22585

In July of each year, beginning in 2010, the tax commissioner	22586
shall adjust the income amounts prescribed in this division by	22587
multiplying the percentage increase in the gross domestic product	22588
deflator computed that year under section 5747.025 of the Revised	22589
Code by each of the income amounts resulting from the adjustment	22590
under this division in the preceding year, adding the resulting	22591
product to the corresponding income amount resulting from the	22592
adjustment in the preceding year, and rounding the resulting sum	22593
to the nearest multiple of fifty dollars. The tax commissioner	22594
also shall recompute each of the tax dollar amounts to the extent	22595
necessary to reflect the adjustment of the income amounts. The	22596
rates of taxation shall not be adjusted.	22597

The adjusted amounts apply to taxable years beginning in the	22598
calendar year in which the adjustments are made. The tax	22599
commissioner shall not make such adjustments in any year in which	22600
the amount resulting from the adjustment would be less than the	22601
amount resulting from the adjustment in the preceding year.	22602

(B) If the director of budget and management makes a	22603
certification to the tax commissioner under division (B) of	22604
section 131.44 of the Revised Code, the amount of tax as	22605
determined under division (A) of this section shall be reduced by	22606
the percentage prescribed in that certification for taxable years	22607
beginning in the calendar year in which that certification is	22608
made.	22609

(C) The levy of this tax on income does not prevent a	22610
municipal corporation, a joint economic development zone created	22611
under section 715.691, or a joint economic development district	22612
created under section 715.70 or 715.71 or sections 715.72 to	22613
715.81 of the Revised Code from levying a tax on income.	22614

(D) This division applies only to taxable years of a trust	22615
beginning in 2002 or thereafter.	22616

(1) The tax imposed by this section on a trust shall be	22617
computed by multiplying the Ohio modified taxable income of the	22618
trust by the rates prescribed by division (A) of this section.	22619

(2) A nonresident trust may claim a credit ~~is allowed~~ against	22620
the tax computed under division (D) of this section equal to the	22621
lesser of (1) the tax paid to another state or the District of	22622
Columbia on the nonresident trust's modified nonbusiness income,	22623
other than the portion of the nonresident trust's nonbusiness	22624
income that is qualifying investment income as defined in section	22625
5747.012 of the Revised Code, or (2) the effective tax rate, based	22626
on modified Ohio taxable income, multiplied by the nonresident	22627
trust's modified nonbusiness income other than the portion of the	22628
nonresident trust's nonbusiness income that is qualifying	22629
investment income. The credit applies before any other applicable	22630
credits.	22631

(3) The credits enumerated in divisions (A)(1) to (13) of	22632
section 5747.98 of the Revised Code do not apply to a trust	22633
subject to ~~this~~ division (D) of this section. Any credits	22634
enumerated in other divisions of section 5747.98 of the Revised	22635
Code apply to a trust subject to ~~this~~ division (D) of this	22636
section. To the extent that the trust distributes income for the	22637
taxable year for which a credit is available to the trust, the	22638
credit shall be shared by the trust and its beneficiaries. The tax	22639
commissioner and the trust shall be guided by applicable	22640
regulations of the United States treasury regarding the sharing of	22641
credits.	22642

(E) For the purposes of this section, "trust" means any trust	22643
described in Subchapter J of Chapter 1 of the Internal Revenue	22644
Code, excluding trusts that are not irrevocable as defined in	22645
division (I)(3)(b) of section 5747.01 of the Revised Code and that	22646
have no modified Ohio taxable income for the taxable year,	22647
charitable remainder trusts, qualified funeral trusts and preneed	22648
funeral contract trusts established pursuant to section 1111.19 of	22649
the Revised Code that are not qualified funeral trusts, endowment	22650
and perpetual care trusts, qualified settlement trusts and funds,	22651
designated settlement trusts and funds, and trusts exempted from	22652
taxation under section 501(a) of the Internal Revenue Code.	22653

Sec. 5747.082. (A) As used in this section:

22654

(1) "Electronic technology" means electronic technology	22655
acceptable to the tax commissioner under division (B) of this	22656
section.	22657

(2) "Original tax return" means any report, return, or other	22658
tax document required to be filed under this chapter for the	22659
purpose of reporting the taxes due under, and withholdings	22660
required by, this chapter. "Original tax return" does not include	22661
an amended return or any declaration or form required by or filed	22662
in connection with section 5747.09 of the Revised Code.	22663

(3) "Related member" has the same meaning as in section	22664
5733.042 of the Revised Code.	22665

(4) "Tax return preparer" means any person that operates a	22666
business that prepares, or directly or indirectly employs another	22667
person to prepare, for a taxpayer an original tax return in	22668
exchange for compensation or remuneration from the taxpayer or the	22669
taxpayer's related member. With respect to the preparation of a	22670
return or application for refund under this chapter, "tax return	22671
preparer" does not include an individual who performs only one or	22672
more of the following activities:	22673

(a) Furnishes typing, reproducing, or other mechanical	22674
assistance;	22675

(b) Prepares an application for refund or a return on behalf	22676
of an employer by whom the individual is regularly and	22677
continuously employed, or on behalf of an officer or employee of	22678
that employer;	22679

(c) Prepares as a fiduciary an application for refund or a	22680
return;	22681

(d) Prepares an application for refund or a return for a	22682
taxpayer in response to a notice of deficiency issued to the	22683
taxpayer or the taxpayer's related member, or in response to a	22684
waiver of restriction after the commencement of an audit of the	22685
taxpayer or the taxpayer's related member.	22686

(B) Divisions (C) and (D) of this section apply to the filing	22687
of original tax returns that are due in a calendar year only if	22688
the tax commissioner, by the last day of the calendar year	22689
immediately preceding the calendar year in which such returns are	22690
due, has published on the department of taxation's official	22691
internet web site at least one method of electronic technology	22692
acceptable to the commissioner for filing such returns.	22693

(C) A tax return preparer that prepares more than	22694
seventy-five original tax returns during any calendar year that	22695
begins on or after January 1, 2008, shall, beginning January 1,	22696
2010, use electronic technology to file with the tax commissioner	22697
all original tax returns prepared by the tax return preparer.	22698
This division does not apply to a tax return preparer for a	22699
calendar year if, during the previous calendar year, the tax	22700
return preparer prepared no more than twenty-five original tax	22701
returns.	22702

(D) If a tax return preparer required by this section to	22703
submit original tax returns by electronic technology files an	22704
original tax return by some means other than by electronic	22705
technology, the tax commissioner shall impose a penalty of fifty	22706
dollars for each return that is not filed by electronic	22707
technology. Upon good cause shown by the tax return preparer, the	22708
tax commissioner may waive all or any portion of the penalty or	22709
may refund all or any portion of the penalty the tax return	22710
preparer has paid.	22711

Sec. 5748.022. A majority of the members of a board of	22712
education of a school district levying a tax under section 5748.02	22713
of the Revised Code may adopt a resolution reducing the rate of	22714
the tax by a multiple of one-fourth of one per cent.	22715

The resolution shall set forth the current rate of the tax,	22716
the reduced rate of tax that results from adoption of the	22717
resolution, the purpose or purposes for which the tax is levied,	22718
the remaining number of years the tax will be levied or that it is	22719
levied for a continuing period of time, and the date on which the	22720
reduced tax rate shall take effect, which shall be the ensuing	22721
first day of January occurring at least ~~sixty~~forty-five days	22722
after a copy of the resolution is certified to the tax	22723
commissioner.	22724

Sec. 5749.17. Any information provided to the department of	22725
natural resources by the department of taxation in accordance with	22726
division (C)(11) of section 5703.21 of the Revised Code shall not	22727
be disclosed publicly by the department of natural resources, but	22728
the department of natural resources may provide such information	22729
to the attorney general for purposes of enforcement of the law.	22730

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	22731
the Revised Code:	22732

(1) "School district," "joint vocational school district,"	22733
"local taxing unit," "recognized valuation," "fixed-rate levy,"	22734
and "fixed-sum levy" have the same meanings as used in section	22735
5727.84 of the Revised Code.	22736

(2) "State education aid" for a school district means the sum	22737
of state aid amounts computed for the district under division (A)	22738
of section 3317.022 of the Revised Code, including the amounts	22739
calculated under sections 3317.029 and 3317.0217 of the Revised	22740
Code; divisions (C)(1), (C)(4), (D), (E), and (F) of section	22741
3317.022; divisions (B), (C), and (D) of section 3317.023;	22742
divisions (L) and (N) of section 3317.024; section 3317.0216; and	22743
any unit payments for gifted student services paid under sections	22744
3317.05, 3317.052, and 3317.053 of the Revised Code; except that,	22745
for fiscal years 2008 and 2009, the amount computed for the	22746
district under Section 269.20.80 of H.B. 119 of the 127th general	22747
assembly and as that section subsequently may be amended shall be	22748
substituted for the amount computed under division (D) of section	22749
3317.022 of the Revised Code, and the amount computed under	22750
Section 269.30.80 of H.B. 119 of the 127th general assembly and as	22751
that section subsequently may be amended shall be included.	22752

(3) "State education aid" for a joint vocational school	22753
district means the sum of the state aid computed for the district	22754
under division (N) of section 3317.024 and section 3317.16 of the	22755
Revised Code, except that, for fiscal years 2008 and 2009, the	22756
amount computed under Section 269.30.80 of H.B. 119 of the 127th	22757
general assembly and as that section subsequently may be amended	22758
shall be included.	22759

(4) "State education aid offset" means the amount determined	22760
for each school district or joint vocational school district under	22761
division (A)(1) of section 5751.21 of the Revised Code.	22762

(5) "Machinery and equipment property tax value loss" means	22763
the amount determined under division (C)(1) of this section.	22764

(6) "Inventory property tax value loss" means the amount	22765
determined under division (C)(2) of this section.	22766

(7) "Furniture and fixtures property tax value loss" means	22767
the amount determined under division (C)(3) of this section.	22768

(8) "Machinery and equipment fixed-rate levy loss" means the	22769
amount determined under division (D)(1) of this section.	22770

(9) "Inventory fixed-rate levy loss" means the amount	22771
determined under division (D)(2) of this section.	22772

(10) "Furniture and fixtures fixed-rate levy loss" means the	22773
amount determined under division (D)(3) of this section.	22774

(11) "Total fixed-rate levy loss" means the sum of the	22775
machinery and equipment fixed-rate levy loss, the inventory	22776
fixed-rate levy loss, the furniture and fixtures fixed-rate levy	22777
loss, and the telephone company fixed-rate levy loss.	22778

(12) "Fixed-sum levy loss" means the amount determined under	22779
division (E) of this section.	22780

(13) "Machinery and equipment" means personal property	22781
subject to the assessment rate specified in division (F) of	22782
section 5711.22 of the Revised Code.	22783

(14) "Inventory" means personal property subject to the	22784
assessment rate specified in division (E) of section 5711.22 of	22785
the Revised Code.	22786

(15) "Furniture and fixtures" means personal property	22787
subject to the assessment rate specified in division (G) of	22788
section 5711.22 of the Revised Code.	22789

(16) "Qualifying levies" are levies in effect for tax year	22790
2004 or applicable to tax year 2005 or approved at an election	22791
conducted before September 1, 2005. For the purpose of	22792
determining the rate of a qualifying levy authorized by section	22793
5705.212 or 5705.213 of the Revised Code, the rate shall be the	22794
rate that would be in effect for tax year 2010.	22795

(17) "Telephone property" means tangible personal property	22796
of a telephone, telegraph, or interexchange telecommunications	22797
company subject to an assessment rate specified in section	22798
5727.111 of the Revised Code in tax year 2004.	22799

(18) "Telephone property tax value loss" means the amount	22800
determined under division (C)(4) of this section.	22801

(19) "Telephone property fixed-rate levy loss" means the	22802
amount determined under division (D)(4) of this section.	22803

(B) The commercial activities tax receipts fund is hereby	22804
created in the state treasury and shall consist of money arising	22805
from the tax imposed under this chapter. All money in that fund	22806
shall be credited for each fiscal year in the following	22807
percentages to the general revenue fund, to the school district	22808
tangible property tax replacement fund, which is hereby created in	22809
the state treasury for the purpose of making the payments	22810
described in section 5751.21 of the Revised Code, and to the local	22811
government tangible property tax replacement fund, which is hereby	22812
created in the state treasury for the purpose of making the	22813
payments described in section 5751.22 of the Revised Code, in the	22814
following percentages:	22815

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	22816
2006	67.7%	22.6%	9.7%	22817
2007	0%	70.0%	30.0%	22818
2008	0%	70.0%	30.0%	22819
2009	0%	70.0%	30.0%	22820
2010	0%	70.0%	30.0%	22821
2011	0%	70.0%	30.0%	22822
2012	5.3%	70.0%	24.7%	22823
2013	10.6%	70.0%	19.4%	22824
2014	14.1%	70.0%	15.9%	22825
2015	17.6%	70.0%	12.4%	22826
2016	21.1%	70.0%	8.9%	22827
2017	24.6%	70.0%	5.4%	22828
2018	28.1%	70.0%	1.9%	22829
2019 and thereafter	30%	70%	0%	22830

(C) Not later than September 15, 2005, the tax commissioner	22831
shall determine for each school district, joint vocational school	22832
district, and local taxing unit its machinery and equipment,	22833
inventory property, furniture and fixtures property, and telephone	22834
property tax value losses, which are the applicable amounts	22835
described in divisions (C)(1), (2), (3), and (4) of this section,	22836
except as provided in division (C)(5) of this section:	22837

(1) Machinery and equipment property tax value loss is the	22838
taxable value of machinery and equipment property as reported by	22839
taxpayers for tax year 2004 multiplied by:	22840

(a) For tax year 2006, thirty-three and eight-tenths per	22841
cent;	22842

(b) For tax year 2007, sixty-one and three-tenths per cent;

22843

22844

(d) For tax year 2009 and thereafter, one hundred per cent.

22845

(2) Inventory property tax value loss is the taxable value of	22846
inventory property as reported by taxpayers for tax year 2004	22847
multiplied by:	22848

(a) For tax year 2006, a fraction, the numerator of which is	22849
five and three-fourths and the denominator of which is	22850
twenty-three;	22851

(b) For tax year 2007, a fraction, the numerator of which is	22852
nine and one-half and the denominator of which is twenty-three;	22853

(c) For tax year 2008, a fraction, the numerator of which is	22854
thirteen and one-fourth and the denominator of which is	22855
twenty-three;	22856

(d) For tax year 2009 and thereafter a fraction, the	22857
numerator of which is seventeen and the denominator of which is	22858
twenty-three.	22859

(3) Furniture and fixtures property tax value loss is the	22860
taxable value of furniture and fixture property as reported by	22861
taxpayers for tax year 2004 multiplied by:	22862

(a) For tax year 2006, twenty-five per cent;

22863

(b) For tax year 2007, fifty per cent;

22864

22865

(d) For tax year 2009 and thereafter, one hundred per cent.

22866

The taxable value of property reported by taxpayers used in	22867
divisions (C)(1), (2), and (3) of this section shall be such	22868
values as determined to be final by the tax commissioner as of	22869
August 31, 2005. Such determinations shall be final except for any	22870
correction of a clerical error that was made prior to August 31,	22871
2005, by the tax commissioner.	22872

(4) Telephone property tax value loss is the taxable value of	22873
telephone property as taxpayers would have reported that property	22874
for tax year 2004 if the assessment rate for all telephone	22875
property for that year were twenty-five per cent, multiplied by:	22876

(a) For tax year 2006, zero per cent;

22877

(b) For tax year 2007, zero per cent;

22878

22879

(d) For tax year 2009, sixty per cent;

22880

(e) For tax year 2010, eighty per cent;

22881

(f) For tax year 2011 and thereafter, one hundred per cent.

22882

(5) Division (C)(5) of this section applies to any school	22883
district, joint vocational school district, or local taxing unit	22884
in a county in which is located a facility currently or formerly	22885
devoted to the enrichment or commercialization of uranium or	22886
uranium products, and for which the total taxable value of	22887
property listed on the general tax list of personal property for	22888
any tax year from tax year 2001 to tax year 2004 was fifty per	22889
cent or less of the taxable value of such property listed on the	22890
general tax list of personal property for the next preceding tax	22891
year.	22892

In computing the fixed-rate levy losses under divisions	22893
(D)(1), (2), and (3) of this section for any school district,	22894
joint vocational school district, or local taxing unit to which	22895
division (C)(5) of this section applies, the taxable value of such	22896
property as listed on the general tax list of personal property	22897
for tax year 2000 shall be substituted for the taxable value of	22898
such property as reported by taxpayers for tax year 2004, in the	22899
taxing district containing the uranium facility, if the taxable	22900
value listed for tax year 2000 is greater than the taxable value	22901
reported by taxpayers for tax year 2004. For the purpose of making	22902
the computations under divisions (D)(1), (2), and (3) of this	22903
section, the tax year 2000 valuation is to be allocated to	22904
machinery and equipment, inventory, and furniture and fixtures	22905
property in the same proportions as the tax year 2004 values. For	22906
the purpose of the calculations in division (A) of section 5751.21	22907
of the Revised Code, the tax year 2004 taxable values shall be	22908
used.	22909

To facilitate the calculations required under division (C) of	22910
this section, the county auditor, upon request from the tax	22911
commissioner, shall provide by August 1, 2005, the values of	22912
machinery and equipment, inventory, and furniture and fixtures for	22913
all single-county personal property taxpayers for tax year 2004.	22914

(D) Not later than September 15, 2005, the tax commissioner	22915
shall determine for each tax year from 2006 through 2009 for each	22916
school district, joint vocational school district, and local	22917
taxing unit its machinery and equipment, inventory, and furniture	22918
and fixtures fixed-rate levy losses, and for each tax year from	22919
2006 through 2011 its telephone property fixed-rate levy loss,	22920
which are the applicable amounts described in divisions (D)(1),	22921
(2), (3), and (4) of this section:	22922

(1) The machinery and equipment fixed-rate levy loss is the	22923
machinery and equipment property tax value loss multiplied by the	22924
sum of the tax rates of fixed-rate qualifying levies.	22925

(2) The inventory fixed-rate loss is the inventory property	22926
tax value loss multiplied by the sum of the tax rates of	22927
fixed-rate qualifying levies.	22928

(3) The furniture and fixtures fixed-rate levy loss is the	22929
furniture and fixture property tax value loss multiplied by the	22930
sum of the tax rates of fixed-rate qualifying levies.	22931

(4) The telephone property fixed-rate levy loss is the	22932
telephone property tax value loss multiplied by the sum of the tax	22933
rates of fixed-rate qualifying levies.	22934

(E) Not later than September 15, 2005, the tax commissioner	22935
shall determine for each school district, joint vocational school	22936
district, and local taxing unit its fixed-sum levy loss. The	22937
fixed-sum levy loss is the amount obtained by subtracting the	22938
amount described in division (E)(2) of this section from the	22939
amount described in division (E)(1) of this section:	22940

(1) The sum of the machinery and equipment property tax value	22941
loss, the inventory property tax value loss, and the furniture and	22942
fixtures property tax value loss, and, for 2008 through 2017 the	22943
telephone property tax value loss of the district or unit	22944
multiplied by the sum of the fixed-sum tax rates of qualifying	22945
levies. For 2006 through 2010, this computation shall include all	22946
qualifying levies remaining in effect for the current tax year and	22947
any school district ~~emergency~~ levies imposed under section	22948
5705.194 or 5705.213 of the Revised Code that are qualifying	22949
levies not remaining in effect for the current year. For 2011	22950
through 2017 in the case of school district ~~emergency~~ levies	22951
imposed under section 5705.194 or 5705.213 of the Revised Code and	22952
for all years after 2010 in the case of other fixed-sum levies,	22953
this computation shall include only qualifying levies remaining	22954
in effect for the current year. For purposes of this computation,	22955
a qualifying school district ~~emergency~~ levy imposed under section	22956
5705.194 or 5705.213 of the Revised Code remains in effect in a	22957
year after 2010 only if, for that year, the board of education	22958
levies a school district ~~emergency~~ levy imposed under section	22959
5705.194 or 5705.213 of the Revised Code for an annual sum at	22960
least equal to the annual sum levied by the board in tax year	22961
2004 less the amount of the payment certified under this division	22962
for 2006.	22963

(2) The total taxable value in tax year 2004 less the sum of	22964
the machinery and equipment, inventory, furniture and fixtures,	22965
and telephone property tax value losses in each school district,	22966
joint vocational school district, and local taxing unit multiplied	22967
by one-half of one mill per dollar.	22968

(3) For the calculations in divisions (E)(1) and (2) of this	22969
section, the tax value losses are those that would be calculated	22970
for tax year 2009 under divisions (C)(1), (2), and (3) of this	22971
section and for tax year 2011 under division (C)(4) of this	22972
section.	22973

(4) To facilitate the calculation under divisions (D) and (E)	22974
of this section, not later than September 1, 2005, any school	22975
district, joint vocational school district, or local taxing unit	22976
that has a qualifying levy that was approved at an election	22977
conducted during 2005 before September 1, 2005, shall certify to	22978
the tax commissioner a copy of the county auditor's certificate of	22979
estimated property tax millage for such levy as required under	22980
division (B) of section 5705.03 of the Revised Code, which is the	22981
rate that shall be used in the calculations under such divisions.	22982

If the amount determined under division (E) of this section	22983
for any school district, joint vocational school district, or	22984
local taxing unit is greater than zero, that amount shall equal	22985
the reimbursement to be paid pursuant to division ~~(D)~~(E) of	22986
section 5751.21 or division (A)(3) of section 5751.22 of the	22987
Revised Code, and the one-half of one mill that is subtracted	22988
under division (E)(2) of this section shall be apportioned among	22989
all contributing fixed-sum levies in the proportion that each	22990
levy bears to the sum of all fixed-sum levies within each school	22991
district, joint vocational school district, or local taxing unit.	22992

(F) Not later than October 1, 2005, the tax commissioner	22993
shall certify to the department of education for every school	22994
district and joint vocational school district the machinery and	22995
equipment, inventory, furniture and fixtures, and telephone	22996
property tax value losses determined under division (C) of this	22997
section, the machinery and equipment, inventory, furniture and	22998
fixtures, and telephone fixed-rate levy losses determined under	22999
division (D) of this section, and the fixed-sum levy losses	23000
calculated under division (E) of this section. The calculations	23001
under divisions (D) and (E) of this section shall separately	23002
display the levy loss for each levy eligible for reimbursement.	23003

(G) Not later than October 1, 2005, the tax commissioner	23004
shall certify the amount of the fixed-sum levy losses to the	23005
county auditor of each county in which a school district, joint	23006
vocational school district, or local taxing unit with a fixed-sum	23007
levy loss reimbursement has territory.	23008

Sec. 5751.21. (A) Not later than the ~~fifteenth~~thirtieth	23009
day of July of 2007 through 2017, the department of education	23010
shall consult with the director of budget and management and	23011
determine the following for each school district and each joint	23012
vocational school district eligible for payment under division	23013
(B) of this section:	23014

(1) The state education aid offset, which is the difference	23015
obtained by subtracting the amount described in division (A)(1)(b)	23016
of this section from the amount described in division (A)(1)(a) of	23017
this section:	23018

(a) The state education aid computed for the school district	23019
or joint vocational school district for the current fiscal year as	23020
of the ~~fifteenth~~thirtieth day of July;	23021

(b) The state education aid that would be computed for the	23022
school district or joint vocational school district for the	23023
current fiscal year as of the ~~fifteenth~~thirtieth day of July if	23024
the recognized valuation included the machinery and equipment,	23025
inventory, furniture and fixtures, and telephone property tax	23026
value losses for the school district or joint vocational school	23027
district for the second preceding tax year, and if taxes charged	23028
and payable associated with the tax value losses are accounted for	23029
in any state education aid computation dependent on taxes charged	23030
and payable.	23031

(2) The greater of zero or the difference obtained by	23032
subtracting the state education aid offset determined under	23033
division (A)(1) of this section from the sum of the machinery and	23034
equipment fixed-rate levy loss, the inventory fixed-rate levy	23035
loss, furniture and fixtures fixed-rate levy loss, and telephone	23036
property fixed-rate levy loss certified under division (F) of	23037
section 5751.20 of the Revised Code for all taxing districts in	23038
each school district and joint vocational school district for the	23039
second preceding tax year.	23040

By the ~~twentieth~~thirtieth day of July of each such year,	23041
the department of education and the director of budget and	23042
management shall agree upon the amount to be determined under	23043
division (A)(1) of this section.	23044

(B)(1) On or before the thirtieth day of June of each fiscal	23045
year beginning in 2008, the department of education shall	23046
recalculate the offset described under division (A) of this	23047
section, and adjust payments made under division (C) of this	23048
section accordingly so that the total annualized reimbursement for	23049
that fiscal year is based on the recalculated offset.	23050

(2) On or before the thirty-first day of December of each	23051
year beginning in 2008, the department, in consultation with the	23052
director of budget and management, shall recalculate the offset	23053
described under division (A) of this section to determine the	23054
annualized reimbursement that should have been made for the prior	23055
fiscal year under division (C) of this section. The department	23056
shall adjust future payments under division (C) of this section to	23057
account for any underpayments or overpayments in the prior fiscal	23058
year.	23059

(C) The department of education shall pay from the school	23060
district tangible property tax replacement fund to each school	23061
district and joint vocational school district all of the following	23062
for fixed-rate levy losses certified under division (F) of section	23063
5751.20 of the Revised Code:	23064

(1) On or before May 31, 2006, one-seventh of the total	23065
fixed-rate levy loss for tax year 2006;	23066

(2) On or before August 31, 2006, and October 31, 2006,	23067
one-half of six-sevenths of the total fixed-rate levy loss for tax	23068
year 2006;	23069

(3) On or before May 31, 2007, one-seventh of the total	23070
fixed-rate levy loss for tax year 2007;	23071

(4) On or before August 31, 2007, and October 31, 2007,	23072
forty-three per cent of the amount determined under division	23073
(A)(2) of this section for fiscal year 2008, but not less than	23074
zero, plus one-half of six-sevenths of the difference between the	23075
total fixed-rate levy loss for tax year 2007 and the total	23076
fixed-rate levy loss for tax year 2006.	23077

(5) On or before ~~May 31~~June 30, 2008, fourteen per cent of	23078
the amount determined under division (A)(2) of this section for	23079
fiscal year 2008, but not less than zero, plus one-seventh of the	23080
difference between the total fixed-rate levy loss for tax year	23081
2008 and the total fixed-rate levy loss for tax year 2006.	23082

(6) On or before August 31, 2008, and October 31, 2008,	23083
forty-three per cent of the amount determined under division	23084
(A)(2) of this section for fiscal year 2009, but not less than	23085
zero, plus one-half of six-sevenths of the difference between the	23086
total fixed-rate levy loss in tax year 2008 and the total	23087
fixed-rate levy loss in tax year 2007.	23088

(7) On or before ~~May 31~~June 30, 2009, fourteen per cent of	23089
the amount determined under division (A)(2) of this section for	23090
fiscal year 2009, but not less than zero, plus one-seventh of the	23091
difference between the total fixed-rate levy loss for tax year	23092
2009 and the total fixed-rate levy loss for tax year 2007.	23093

(8) On or before August 31, 2009, and October 31, 2009,	23094
forty-three per cent of the amount determined under division	23095
(A)(2) of this section for fiscal year 2010, but not less than	23096
zero, plus one-half of six-sevenths of the difference between the	23097
total fixed-rate levy loss in tax year 2009 and the total	23098
fixed-rate levy loss in tax year 2008.	23099

(9) On or before ~~May 31~~June 30, 2010, fourteen per cent of	23100
the amount determined under division (A)(2) of this section for	23101
fiscal year 2010, but not less than zero, plus one-seventh of the	23102
difference between the total fixed-rate levy loss in tax year 2010	23103
and the total fixed-rate levy loss in tax year 2008.	23104

(10) On or before August 31, 2010, and October 31, 2010,	23105
forty-three per cent of the amount determined under division	23106
(A)(2) of this section for fiscal year 2011, but not less than	23107
zero, plus one-half of six-sevenths of the difference between the	23108
telephone property fixed-rate levy loss for tax year 2010 and the	23109
telephone property fixed-rate levy loss for tax year 2009.	23110

(11) On or before ~~May 31~~June 30, 2011, fourteen per cent of	23111
the amount determined under division (A)(2) of this section for	23112
fiscal year 2011, but not less than zero, plus one-seventh of the	23113
difference between the telephone property fixed-rate levy loss for	23114
tax year 2011 and the telephone property fixed-rate levy loss for	23115
tax year 2009.	23116

(12) On or before August 31, 2011, and October 31, 2011, the	23117
amount determined under division (A)(2) of this section	23118
multiplied by a fraction, the numerator of which is fourteen and	23119
the denominator of which is seventeen, but not less than zero,	23120
multiplied by forty-three per cent, plus one-half of six-sevenths	23121
of the difference between the telephone property fixed-rate levy	23122
loss for tax year 2011 and the telephone property fixed-rate levy	23123
loss for tax year 2010.	23124

(13) On or before ~~May 31~~June 30, 2012, fourteen per cent of	23125
the amount determined under division (A)(2) of this section for	23126
fiscal year 2012, multiplied by a fraction, the numerator of	23127
which is fourteen and the denominator of which is seventeen, plus	23128
one-seventh of the difference between the telephone property	23129
fixed-rate levy loss for tax year 2011 and the telephone property	23130
fixed-rate levy loss for tax year 2010.	23131

(14) On or before August 31, 2012, October 31, 2012, and ~~May~~	23132
31June 30, 2013, the amount determined under division (A)(2) of	23133
this section multiplied by a fraction, the numerator of which is	23134
eleven and the denominator of which is seventeen, but not less	23135
than zero, multiplied by one-third.	23136

(15) On or before August 31, 2013, October 31, 2013, and ~~May~~	23137
31June 30, 2014, the amount determined under division (A)(2) of	23138
this section multiplied by a fraction, the numerator of which is	23139
nine and the denominator of which is seventeen, but not less than	23140
zero, multiplied by one-third.	23141

(16) On or before August 31, 2014, October 31, 2014, and ~~May~~	23142
31June 30, 2015, the amount determined under division (A)(2) of	23143
this section multiplied by a fraction, the numerator of which is	23144
seven and the denominator of which is seventeen, but not less	23145
than zero, multiplied by one-third.	23146

(17) On or before August 31, 2015, October 31, 2015, and ~~May~~	23147
31June 30, 2016, the amount determined under division (A)(2) of	23148
this section multiplied by a fraction, the numerator of which is	23149
five and the denominator of which is seventeen, but not less than	23150
zero, multiplied by one-third.	23151

(18) On or before August 31, 2016, October 31, 2016, and ~~May~~	23152
31June 30, 2017, the amount determined under division (A)(2) of	23153
this section multiplied by a fraction, the numerator of which is	23154
three and the denominator of which is seventeen, but not less	23155
than zero, multiplied by one-third.	23156

(19) On or before August 31, 2017, October 31, 2017, and ~~May~~	23157
31June 30, 2018, the amount determined under division (A)(2) of	23158
this section multiplied by a fraction, the numerator of which is	23159
one and the denominator of which is seventeen, but not less than	23160
zero, multiplied by one-third.	23161

The department of education shall report to each school	23162
district and joint vocational school district the apportionment of	23163
the payments among the school district's or joint vocational	23164
school district's funds based on the certifications under division	23165
(F) of section 5751.20 of the Revised Code.	23166

Any qualifying levy that is a fixed-rate levy that is not	23167
applicable to a tax year after 2010 does not qualify for any	23168
reimbursement after the tax year to which it is last applicable.	23169

~~(C)~~(D) For taxes levied within the ten-mill limitation for	23170
debt purposes in tax year 2005, payments shall be made equal to	23171
one hundred per cent of the loss computed as if the tax were a	23172
fixed-rate levy, but those payments shall extend from fiscal year	23173
2006 through fiscal year 2018, as long as the qualifying levy	23174
continues to be used for debt purposes. If the purpose of such a	23175
qualifying levy is changed, that levy becomes subject to the	23176
payments determined in division ~~(B)~~(C) of this section.	23177

~~(D)~~(E)(1) Not later than January 1, 2006, for each fixed-sum	23178
levy of each school district or joint vocational school district	23179
and for each year for which a determination is made under division	23180
(F) of section 5751.20 of the Revised Code that a fixed-sum levy	23181
loss is to be reimbursed, the tax commissioner shall certify to	23182
the department of education the fixed-sum levy loss determined	23183
under that division. The certification shall cover a time period	23184
sufficient to include all fixed-sum levies for which the	23185
commissioner made such a determination. The department shall pay	23186
from the school district property tax replacement fund to the	23187
school district or joint vocational school district one-third of	23188
the fixed-sum levy loss so certified for each year on or before	23189
the last day of ~~May~~June, August, and October of the current year.	23190

(2) Beginning in 2006, by the first day of January of each	23191
year, the tax commissioner shall review the certification	23192
originally made under division ~~(D)~~(E)(1) of this section. If the	23193
commissioner determines that a debt levy that had been scheduled	23194
to be reimbursed in the current year has expired, a revised	23195
certification for that and all subsequent years shall be made to	23196
the department of education.	23197

~~(E)~~(F) Beginning in September 2007 and through June 2018, the	23198
director of budget and management shall transfer from the school	23199
district tangible property tax replacement fund to the general	23200
revenue fund each of the following:	23201

(1) On the first day of September, one-fourth of the amount	23202
determined for that fiscal year under division (A)(1) of this	23203
section;	23204

(2) On the first day of December, one-fourth of the amount	23205
determined for that fiscal year under division (A)(1) of this	23206
section;	23207

(3) On the first day of March, one-fourth of the amount	23208
determined for that fiscal year under division (A)(1) of this	23209
section;	23210

(4) On the first day of June, one-fourth of the amount	23211
determined for that fiscal year under division (A)(1) of this	23212
section.	23213

If, when a transfer is required under division ~~(E)~~(F)(1),	23214
(2), (3), or (4) of this section, there is not sufficient money	23215
in the school district tangible property tax replacement fund to	23216
make the transfer in the required amount, the director shall	23217
transfer the balance in the fund to the general revenue fund and	23218
may make additional transfers on later dates as determined by the	23219
director in a total amount that does not exceed one-fourth of the	23220
amount determined for the fiscal year.	23221

~~(F)~~(G) For each of the fiscal years 2006 through 2018, if the	23222
total amount in the school district tangible property tax	23223
replacement fund is insufficient to make all payments under	23224
divisions ~~(B)~~(C), ~~(C)~~(D), and ~~(D)~~(E) of this section at the times	23225
the payments are to be made, the director of budget and	23226
management shall transfer from the general revenue fund to the	23227
school district tangible property tax replacement fund the	23228
difference between the total amount to be paid and the amount in	23229
the school district tangible property tax replacement fund. For	23230
each fiscal year after 2018, at the time payments under division	23231
~~(D)~~(E) of this section are to be made, the director of budget and	23232
management shall transfer from the general revenue fund to the	23233
school district property tax replacement fund the amount	23234
necessary to make such payments.	23235

~~(G)~~(H)(1) On the fifteenth day of June of 2006 through 2011,	23236
the director of budget and management may transfer any balance in	23237
the school district tangible property tax replacement fund to the	23238
general revenue fund. At the end of fiscal years 2012 through	23239
2018, any balance in the school district tangible property tax	23240
replacement fund shall remain in the fund to be used in future	23241
fiscal years for school purposes.	23242

(2) In each fiscal year beginning with fiscal year 2019, all	23243
amounts credited to the school district tangible personal property	23244
tax replacement fund shall be appropriated for school purposes.	23245

~~(H)~~(I) If all of the territory of a school district or joint	23246
vocational school district is merged with another district, or if	23247
a part of the territory of a school district or joint vocational	23248
school district is transferred to an existing or newly created	23249
district, the department of education, in consultation with the	23250
tax commissioner, shall adjust the payments made under this	23251
section as follows:	23252

(1) For a merger of two or more districts, the machinery and	23253
equipment, inventory, furniture and fixtures, and telephone	23254
property fixed-rate levy losses and the fixed-sum levy losses of	23255
the successor district shall be equal to the sum of the machinery	23256
and equipment, inventory, furniture and fixtures, and telephone	23257
property fixed-rate levy losses and debt levy losses as determined	23258
in section 5751.20 of the Revised Code, for each of the districts	23259
involved in the merger.	23260

(2) If property is transferred from one district to a	23261
previously existing district, the amount of machinery and	23262
equipment, inventory, furniture and fixtures, and telephone	23263
property tax value losses and fixed-rate levy losses that shall be	23264
transferred to the recipient district shall be an amount equal to	23265
the total machinery and equipment, inventory, furniture and	23266
fixtures, and telephone property fixed-rate levy losses times a	23267
fraction, the numerator of which is the value of business tangible	23268
personal property on the land being transferred in the most recent	23269
year for which data are available, and the denominator of which is	23270
the total value of business tangible personal property in the	23271
district from which the land is being transferred in the most	23272
recent year for which data are available. For each of the first	23273
five years after the property is transferred, but not after fiscal	23274
year 2012, if the tax rate in the recipient district is less than	23275
the tax rate of the district from which the land was transferred,	23276
one-half of the payments arising from the amount of fixed-rate	23277
levy losses so transferred to the recipient district shall be paid	23278
to the recipient district and one-half of the payments arising	23279
from the fixed-rate levy losses so transferred shall be paid to	23280
the district from which the land was transferred. Fixed-rate levy	23281
losses so transferred shall be computed on the basis of the sum of	23282
the rates of fixed-rate qualifying levies of the district from	23283
which the land was transferred, notwithstanding division ~~(D)~~(E) of	23284
this section.	23285

(3) After December 31, 2004, if property is transferred from	23286
one or more districts to a district that is newly created out of	23287
the transferred property, the newly created district shall be	23288
deemed not to have any machinery and equipment, inventory,	23289
furniture and fixtures, or telephone property fixed-rate levy	23290
losses and the districts from which the property was transferred	23291
shall have no reduction in their machinery and equipment,	23292
inventory, furniture and fixtures, and telephone property	23293
fixed-rate levy losses.	23294

(4) If the recipient district under division ~~(H)~~(I)(2) of	23295
this section or the newly created district under divisions	23296
~~(H)~~(I)(3) of this section is assuming debt from one or more of	23297
the districts from which the property was transferred and any of	23298
the districts losing the property had fixed-sum levy losses, the	23299
department of education, in consultation with the tax	23300
commissioner, shall make an equitable division of the fixed-sum	23301
levy loss reimbursements.	23302

Sec. 6117.01. (A) As used in this chapter:

23303

(1) "Sanitary facilities" means sanitary sewers, force mains,	23304
lift or pumping stations, and facilities for the treatment,	23305
disposal, impoundment, or storage of wastes; equipment and	23306
furnishings; and all required appurtenances and necessary real	23307
estate and interests in real estate.	23308

(2) "Drainage" or "waters" means flows from rainfall or	23309
otherwise produced by, or resulting from, the elements, storm	23310
water discharges and releases or migrations of waters from	23311
properties, accumulations, flows, and overflows of water,	23312
including accelerated flows and runoffs, flooding and threats of	23313
flooding of properties and structures, and other surface and	23314
subsurface drainage.	23315

(3) "Drainage facilities" means storm sewers, force mains,	23316
pumping stations, and facilities for the treatment, disposal,	23317
impoundment, retention, control, or storage of waters;	23318
improvements of or for any channel, ditch, drain, floodway, or	23319
watercourse, including location, construction, reconstruction,	23320
reconditioning, widening, deepening, cleaning, removal of	23321
obstructions, straightening, boxing, culverting, tiling, filling,	23322
walling, arching, or change in course, location, or terminus;	23323
improvements of or for a river, creek, or run, including	23324
reinforcement of banks, enclosing, deepening, widening,	23325
straightening, removal of obstructions, or change in course,	23326
location, or terminus; facilities for the protection of lands from	23327
the overflow of water, including a levee, wall, embankment, jetty,	23328
dike, dam, sluice, revetment, reservoir, retention or holding	23329
basin, control gate, or breakwater; facilities for controlled	23330
drainage, regulation of stream flow, and protection of an outlet;	23331
the vacation of a ditch or drain; equipment and furnishings; and	23332
all required appurtenances and necessary real estate and interests	23333
in real estate.	23334

(4) "County sanitary engineer" means either of the following:

23335

(a) The registered professional engineer employed or	23336
appointed by the board of county commissioners to be the county	23337
sanitary engineer as provided in this section ~~6117.01 of the~~	23338
~~Revised Code~~;	23339

(b) The county engineer, if, for as long as and to the extent	23340
that engineer by agreement entered into under section 315.14 of	23341
the Revised Code is retained to discharge duties of a county	23342
sanitary engineer under this chapter.	23343

(5) "Current operating expenses," "debt charges," "permanent	23344
improvement," "public obligations," and "subdivision" have the	23345
same meanings as in section 133.01 of the Revised Code.	23346

(6) "Construct," "construction," or "constructing" means	23347
construction, reconstruction, enlargement, extension, improvement,	23348
renovation, repair, and replacement of sanitary or drainage	23349
facilities or of prevention or replacement facilities, but does	23350
not include any repairs, replacements, or similar actions that do	23351
not constitute and qualify as permanent improvements.	23352

(7) "Maintain," "maintaining," or "maintenance" means	23353
repairs, replacements, and similar actions that constitute and are	23354
payable as current operating expenses and that are required to	23355
restore sanitary or drainage facilities or prevention or	23356
replacement facilities to, or to continue sanitary or drainage	23357
facilities or prevention or replacement facilities in, good order	23358
and working condition, but does not include construction of	23359
permanent improvements.	23360

(8) "Public agency" means a state and any agency or	23361
subdivision of a state, including a county, a municipal	23362
corporation, or other subdivision.	23363

(9) "Combined sewer" means a sewer system that is designed to	23364
collect and convey sewage, including domestic, commercial, and	23365
industrial wastewater, and storm water through a single-pipe	23366
system to a treatment works or combined sewer overflow outfall	23367
approved by the director of environmental protection.	23368

(10) "Prevention or replacement facilities" means vegetated	23369
swales or median strips, permeable pavement, trees and tree boxes,	23370
rain barrels and cisterns, rain gardens and filtration planters,	23371
vegetated roofs, wetlands, riparian buffers, and practices and	23372
structures that use or mimic natural processes to filter or reuse	23373
storm water.	23374

(B)(1) For the purpose of preserving and promoting the public	23375
health and welfare, a board of county commissioners may lay out,	23376
establish, consolidate, or otherwise modify the boundaries of, and	23377
maintain, one or more sewer districts within the county and	23378
outside municipal corporations and may have a registered	23379
professional engineer make the surveys necessary for the	23380
determination of the proper boundaries of each district, which	23381
shall be designated by an appropriate name or number. The board	23382
may acquire, construct, maintain, and operate within any district	23383
sanitary or drainage facilities that it determines to be necessary	23384
or appropriate for the collection of sewage and other wastes	23385
originating in or entering the district, to comply with the	23386
provisions of a contract entered into for the purposes described	23387
in sections 6117.41 to 6117.44 of the Revised Code and pursuant to	23388
those sections or other applicable provisions of law, or for the	23389
collection, control, or abatement of waters originating or	23390
accumulating in, or flowing in, into, or through, the district,	23391
and other sanitary or drainage facilities, within or outside of	23392
the district, that it determines to be necessary or appropriate to	23393
conduct the wastes and waters to a proper outlet and to provide	23394
for their proper treatment, disposal, and disposition. The board	23395
may provide for the protection of the sanitary and drainage	23396
facilities and may negotiate and enter into a contract with any	23397
public agency or person for the management, maintenance,	23398
operation, and repair of any of the facilities on behalf of the	23399
county upon the terms and conditions that may be agreed upon with	23400
the agency or person and that may be determined by the board to be	23401
in the best interests of the county. By contract with any public	23402
agency or person operating sanitary or drainage facilities within	23403
or outside of the county, the board may provide a proper outlet	23404
for any of the wastes and waters and for their proper treatment,	23405
disposal, and disposition.	23406

(2) For purposes of preventing storm water from entering a	23407
combined sewer and causing an overflow or an inflow to a sanitary	23408
sewer, the board may acquire, design, construct, operate, repair,	23409
maintain, and provide for a project or program that separates	23410
storm water from a combined sewer or for a prevention or	23411
replacement facility that prevents or minimizes storm water from	23412
entering a combined sewer or a sanitary sewer.	23413

(C) The board of county commissioners may employ a registered	23414
professional engineer to be the county sanitary engineer for the	23415
time and on the terms it considers best and may authorize the	23416
county sanitary engineer to employ necessary assistants upon the	23417
terms fixed by the board. Prior to the initial assignment of	23418
drainage facilities duties to the county sanitary engineer, if the	23419
county sanitary engineer is not the county engineer, the board	23420
first shall offer to enter into an agreement with the county	23421
engineer pursuant to section 315.14 of the Revised Code for	23422
assistance in the performance of those duties of the board	23423
pertaining to drainage facilities, and the county engineer shall	23424
accept or reject the offer within thirty days after the date the	23425
offer is made.	23426

The board may create and maintain a sanitary engineering	23427
department, which shall be under its supervision and which shall	23428
be headed by the county sanitary engineer, for the purpose of	23429
aiding it in the performance of its duties under this chapter and	23430
Chapter 6103. of the Revised Code or its other duties regarding	23431
sanitation, drainage, and water supply provided by law. The board	23432
shall provide suitable facilities for the use of the department	23433
and shall provide for and pay the compensation of the county	23434
sanitary engineer and all authorized necessary expenses of the	23435
county sanitary engineer and the sanitary engineering department.	23436
The county sanitary engineer, with the approval of the board, may	23437
appoint necessary assistants and clerks, and the compensation of	23438
those assistants and clerks shall be provided for and paid by the	23439
board.	23440

(D) The board of county commissioners may adopt, publish,	23441
administer, and enforce rules for the construction, maintenance,	23442
protection, and use of county-owned or county-operated sanitary	23443
and drainage facilities and prevention or replacement facilities	23444
outside municipal corporations, and of sanitary and drainage	23445
facilities and prevention or replacement facilities within	23446
municipal corporations that are owned or operated by the county	23447
or that discharge into sanitary or drainage facilities or	23448
prevention or replacement facilities owned or operated by the	23449
county, including, but not limited to, rules for the establishment	23450
and use of any connections, the termination in accordance with	23451
reasonable procedures of sanitary service for the nonpayment of	23452
county sanitary rates and charges and, if so determined, the	23453
concurrent termination of any county water service for the	23454
nonpayment of those rates and charges, the termination in	23455
accordance with reasonable procedures of drainage service for the	23456
nonpayment of county drainage rates and charges, and the	23457
establishment and use of security deposits to the extent	23458
considered necessary to ensure the payment of county sanitary or	23459
drainage rates and charges. The rules shall not be inconsistent	23460
with the laws of this state or any applicable rules of the	23461
director of environmental protection.	23462

(E) No sanitary or drainage facilities or prevention or	23463
replacement facilities shall be constructed in any county outside	23464
municipal corporations by any person until the plans and	23465
specifications have been approved by the board of county	23466
commissioners, and any construction shall be done under the	23467
supervision of the county sanitary engineer. Not less than thirty	23468
days before the date drainage plans are submitted to the board for	23469
its approval, the plans shall be submitted to the county engineer.	23470
If the county engineer is of the opinion after review that the	23471
facilities will have a significant adverse effect on roads,	23472
culverts, bridges, or existing maintenance within the county, the	23473
county engineer may submit a written opinion to the board not	23474
later than thirty days after the date the plans are submitted to	23475
the county engineer. The board may take action relative to the	23476
drainage plans only after the earliest of receiving the written	23477
opinion of the county engineer, receiving a written waiver of	23478
submission of an opinion from the county engineer, or passage of	23479
thirty days from the date the plans are submitted to the county	23480
engineer. Any person constructing the facilities shall pay to the	23481
county all expenses incurred by the board in connection with the	23482
construction	23483

(F) The county sanitary engineer or the county sanitary	23484
engineer's authorized assistants or agents, when properly	23485
identified in writing or otherwise and after written notice is	23486
delivered to the owner at least five days in advance or is mailed	23487
at least five days in advance by first class or certified mail to	23488
the owner's tax mailing address, may enter upon any public or	23489
private property for the purpose of making, and may make, surveys	23490
or inspections necessary for the laying out of sewer districts or	23491
the design or evaluation of county sanitary or drainage facilities	23492
or prevention or replacement facilities. This entry is not a	23493
trespass and is not to be considered an entry in connection with	23494
any appropriation of property proceedings under sections 163.01 to	23495
163.22 of the Revised Code that may be pending. No person or	23496
public agency shall forbid the county sanitary engineer or the	23497
county sanitary engineer's authorized assistants or agents to	23498
enter, or interfere with their entry, upon the property for that	23499
purpose or forbid or interfere with their making of surveys or	23500
inspections. If actual damage is done to property by the making of	23501
the surveys and inspections, the board shall pay the reasonable	23502
value of the damage to the property owner, and the cost shall be	23503
included in the cost of the facilities and may be included in any	23504
special assessments to be levied and collected to pay that cost.	23505

Sec. 6117.011. A board of county commissioners in the manner	23506
provided in this section may make surveys of water supply,	23507
sanitary facilities, or drainage facilities, or prevention or	23508
replacement facilities for any sewer district, the acquisition or	23509
construction of which is contemplated.	23510

Any board desiring to make a survey shall adopt a resolution	23511
declaring its purpose and necessity. In making the surveys, the	23512
board may call upon engineering officers or employees regularly	23513
employed by the board or may authorize and enter into contracts	23514
for the services of registered professional engineers to make the	23515
surveys.	23516

The surveys authorized by this section may include drawings,	23517
plans, specifications, estimates of cost of labor and materials,	23518
other items of cost, assessment rolls, and other facts, material,	23519
data, reports, and information and recommendations that the board	23520
considers advisable or necessary for the purpose.	23521

Contracts entered into for the surveys shall be considered	23522
contracts for professional services and may provide for	23523
preliminary surveys or the making of detailed plans, or both, and	23524
also may provide for engineering supervision of the work. No	23525
contract shall be valid unless one or more of the services to be	23526
performed are by its terms to be commenced within one year after	23527
the contract date.	23528

The contracts shall be signed by at least two members of the	23529
board and by the engineer agreeing to perform the service, and one	23530
signed copy of the contract shall be filed with the fiscal officer	23531
of the county, whose certificate, otherwise required by section	23532
5705.41 of the Revised Code, need not be provided. Payment for the	23533
contracts may be made from the general fund or any other fund	23534
legally available for that use at the times that are agreed upon	23535
or as determined by the board. The proceeds of any public	23536
obligations issued pursuant to section 6119.36 of the Revised Code	23537
or any other public obligations issued or incurred to pay the cost	23538
of facilities to which a survey relates may be used to pay any	23539
part of the cost under the contracts or to reimburse the fund from	23540
which payment was made.	23541

Sec. 6117.012. (A) A board of county commissioners may adopt	23542
rules requiring owners of property within the district whose	23543
property is served by a connection to sewers maintained and	23544
operated by the board or to sewers that are connected to	23545
interceptor sewers maintained and operated by the board to do any	23546
of the following:	23547

(1) Disconnect ~~stormwater~~storm water inflows to sanitary	23548
sewers maintained and operated by the board and not operated as a	23549
combined sewer, or to connections with those sewers;	23550

(2) Disconnect ~~non-stormwater~~non-storm water inflows to	23551
~~stormwater~~storm water sewers maintained and operated by the board	23552
and not operated as a combined sewer, or to connections with those	23553
storm water sewers;	23554

(3) Reconnect or relocate any such disconnected inflows in	23555
compliance with board rules and applicable building codes, health	23556
codes, or other relevant codes;	23557

(4) Prevent sewer back-ups into properties that have	23558
experienced one or more ~~overflows~~back-ups of sanitary or combined	23559
sewers maintained and operated by the board;	23560

(5) Prevent storm water from entering a combined sewer and	23561
causing an overflow or an inflow to a sanitary sewer, which	23562
prevention may include projects or programs that separate the	23563
storm water from a combined sewer or that utilize a prevention	23564
or replacement facility to prevent or minimize storm water from	23565
entering a combined sewer or a sanitary sewer.	23566

(B) Any inflow required to be disconnected or any sewer	23567
back-up required to be prevented under a rule adopted pursuant to	23568
~~division~~divisions (A)(1) to (4) of this section constitutes a	23569
nuisance subject to injunctive relief and abatement pursuant to	23570
Chapter 3767. of the Revised Code or as otherwise permitted by	23571
law.	23572

(C) A board of county commissioners may use sewer district	23573
funds; county general fund moneys; the proceeds of bonds issued	23574
under Chapter 133. or 165. of the Revised Code; and, to the extent	23575
permitted by their terms, loans, grants, or other moneys from	23576
appropriate state or federal funds, for either of the following:	23577

(1) The cost of disconnections, reconnections, relocations,	23578
combined sewer overflow prevention, or sewer back-up prevention	23579
required by rules adopted pursuant to division (A) of this	23580
section, performed by the county or under contract with the	23581
county;	23582

(2) Payments to the property owner or a contractor hired by	23583
the property owner pursuant to a competitive process established	23584
by district rules, for the cost of disconnections, reconnections,	23585
relocations, combined sewer overflow prevention, or sewer back-up	23586
prevention required by rules adopted pursuant to division (A) of	23587
this section after the board, pursuant to its rules, has approved	23588
the work to be performed and after the county has received from	23589
the property owner a statement releasing the county from all	23590
liability in connection with the disconnections, reconnections,	23591
relocations, combined sewer overflow prevention, or sewer back-up	23592
prevention.	23593

(D) Except as provided in division (E) of this section, the	23594
board of county commissioners shall require in its rules regarding	23595
disconnections, reconnections, or relocations of sewers, combined	23596
sewer overflow prevention, or sewer back-up prevention the	23597
reimbursement of moneys expended pursuant to division (C) of this	23598
section by either of the following methods:	23599

(1) A charge to the property owner in the amount of the	23600
payment made pursuant to division (C) of this section for	23601
immediate payment or payment in installments with interest as	23602
determined by the board not to exceed ten per cent, which payments	23603
may be billed as a separate item with the rents charged to that	23604
owner for use of the sewers. The board may approve installment	23605
payments for a period of not more than fifteen years. If charges	23606
are to be paid in installments, the board shall certify to the	23607
county auditor information sufficient to identify each subject	23608
parcel of property, the total of the charges to be paid in	23609
installments, and the total number of installments to be paid. The	23610
auditor shall record the information in the sewer improvement	23611
record until these charges are paid in full. Charges not paid when	23612
due shall be certified to the county auditor, who shall place the	23613
charges upon the real property tax list and duplicate against that	23614
property. Those charges shall be a lien on the property from the	23615
date they are placed on the tax list and duplicate and shall be	23616
collected in the same manner as other taxes.	23617

(2) A special assessment levied against the property, payable	23618
in the number of years the board determines, not to exceed fifteen	23619
years, with interest as determined by the board not to exceed ten	23620
per cent. The board shall certify the assessments to the county	23621
auditor, stating the amount and time of payment. The auditor shall	23622
record the information in the county sewer improvement record,	23623
showing separately the assessments to be collected, and shall	23624
place the assessments upon the real property tax list and	23625
duplicate for collection. The assessments shall be a lien on the	23626
property from the date they are placed on the tax list and	23627
duplicate and shall be collected in the same manner as other	23628
taxes.	23629

(E) The county may adopt a resolution specifying a maximum	23630
amount of the cost of any disconnection, reconnection,	23631
relocation, combined sewer overflow prevention, or sewer back-up	23632
prevention required pursuant to division (A) of this section that	23633
may be paid by the county for each affected parcel of property	23634
without requiring reimbursement. That amount may be allowed only	23635
if there is a building code, health code, or other relevant code,	23636
or a federally imposed or state-imposed consent decree that is	23637
filed or otherwise recorded in a court of competent jurisdiction,	23638
applicable to the affected parcel that prohibits in the future any	23639
inflows, combined sewer overflows, or sewer back-ups not allowed	23640
under rules adopted pursuant to division (A)(1) or, (4), or (5) of	23641
this section. The board, by rule, shall establish criteria for	23642
determining how much of the maximum amount for each qualifying	23643
parcel need not be reimbursed.	23644

(F) Disconnections, reconnections, relocations, combined	23645
sewer overflow prevention, or sewer back-up prevention required	23646
under this section and performed by a contractor under contract	23647
with the property owner shall not be considered a public	23648
improvement, and those performed by the county shall be considered	23649
a public improvement as defined in section 4115.03 of the Revised	23650
Code.	23651

Disconnections, reconnections, relocations, combined sewer	23652
overflow prevention, or sewer back-up prevention required under	23653
this section performed by a contractor under contract with the	23654
property owner shall not be subject to competitive bidding or	23655
public bond laws.	23656

(G) Property owners shall be responsible for maintaining any	23657
improvements made or facilities constructed on private property to	23658
reconnect or relocate disconnected inflows, for combined sewer	23659
overflow prevention, or for sewer back-up prevention pursuant to	23660
this section unless a public easement or other agreement exists	23661
for the county to maintain that improvement or facility.	23662

(H) A board of county commissioners may provide rate	23663
reductions of and credits against charges for the use of sewers to	23664
a property owner that implements a project or program that	23665
prevents storm water from entering a combined sewer and causing an	23666
overflow. Such a project or program may include the use of a	23667
prevention or replacement facility to handle storm water that has	23668
been separated from a combined sewer. The revised rates or charges	23669
shall be collected and paid to the county treasurer in accordance	23670
with section 6117.02 of the Revised Code.	23671

Sec. 6117.04. The authority of a board of county	23672
commissioners to acquire, construct, maintain, and operate	23673
sanitary or drainage facilities or prevention or replacement	23674
facilities for a county sewer district in the territory of a	23675
municipal corporation, or a regional district established under	23676
Chapter 6119. of the Revised Code, that is in whole or in part	23677
within the county sewer district is the same as provided by law	23678
with respect to territory within a county sewer district that is	23679
wholly outside a municipal corporation or a regional district,	23680
subject to the following in the case of facilities within a	23681
municipal corporation:	23682

(A) The acquisition, construction, maintenance, and operation	23683
of the facilities shall first be authorized by an ordinance or	23684
resolution of the legislative authority of the municipal	23685
corporation.	23686

(B) All road surfaces, curbs, sidewalks, sewers, water supply	23687
facilities, or other public improvements or property that may be	23688
disturbed or damaged by the construction of the facilities shall	23689
be replaced or restored within a reasonable time by the county,	23690
and the cost shall be treated as a part of the cost of the	23691
facilities.	23692

(C) The municipal corporation, with the prior approval of or	23693
by agreement with the board, may make use of the facilities in	23694
accordance with rules established by the board and subject to any	23695
applicable requirements of the director of environmental	23696
protection.	23697

Sec. 6117.05. (A) Whenever any portion of a sewer district	23698
is incorporated as, or annexed to, a municipal corporation, the	23699
area so incorporated or annexed shall remain under the	23700
jurisdiction of the board of county commissioners for purposes of	23701
the acquisition and construction of sanitary and drainage facility	23702
and prevention or replacement facility improvements until all of	23703
those improvements for the area for which a resolution described	23704
in division (A) or (E) of section 6117.06 of the Revised Code has	23705
been adopted by the board have been acquired or completed or until	23706
the board has abandoned the improvements. The board, unless and	23707
until a conveyance is made to a municipal corporation in	23708
accordance with division (B) of this section, shall continue to	23709
have jurisdiction in the area so incorporated or annexed with	23710
respect to the management, maintenance, and operation of all	23711
sanitary and drainage facilities and prevention or replacement	23712
facilities so acquired or completed, or previously acquired or	23713
completed, including the right to establish rules and rates and	23714
charges for the use of, and connections to, the facilities. The	23715
incorporation or annexation of any part of a district shall not	23716
affect the legality or enforceability of any public obligations	23717
issued or incurred by the county for purposes of this chapter to	23718
provide for the payment of the cost of acquisition, construction,	23719
maintenance, or operation of any sanitary or drainage facilities	23720
or prevention or replacement facilities within the area, or the	23721
validity of any assessments levied or to be levied upon	23722
properties within the area to provide for the payment of the cost	23723
of acquisition, construction, maintenance, or operation of the	23724
facilities.	23725

(B) Any completed sanitary or drainage facilities or	23726
prevention or replacement facilities acquired or constructed by a	23727
county under this chapter for the use of any county sewer	23728
district, or any part of those facilities, that are located within	23729
a municipal corporation or within any area that is incorporated	23730
as, or annexed to, a municipal corporation, or any part of the	23731
facilities that serve a municipal corporation or such an area, may	23732
be conveyed, by mutual agreement between the board and the	23733
municipal corporation, to the municipal corporation on terms and	23734
for consideration as may be negotiated. Upon and after the	23735
conveyance, the municipal corporation shall manage, maintain, and	23736
operate the facilities in accordance with the agreement. The board	23737
may retain the right to joint use of all or part of any facilities	23738
so conveyed for the benefit of the district. Neither the validity	23739
of any assessment levied or to be levied, nor the legality or	23740
enforceability of any public obligations issued or incurred, to	23741
provide for the payment of the cost of the acquisition,	23742
construction, maintenance, or operation of the facilities or any	23743
part of them, shall be affected by the conveyance.	23744

Sec. 6117.06. (A) After the establishment of any sewer	23745
district, the board of county commissioners, if a sanitary or	23746
drainage facility or prevention or replacement facility	23747
improvement is to be undertaken, may have the county sanitary	23748
engineer prepare, or otherwise cause to be prepared, for the	23749
district, or revise as needed, a general plan of sewerage or	23750
drainage that is as complete in each case as can be developed at	23751
the time and that is devised with regard to any existing sanitary	23752
or drainage facilities or prevention or replacement facilities in	23753
the district and present as well as prospective needs for	23754
additional sanitary or drainage facilities or prevention or	23755
replacement facilities in the district. After the general plan, in	23756
original or revised form, has been approved by the board, it may	23757
adopt a resolution generally describing the improvement that is	23758
necessary to be acquired or constructed in accordance with the	23759
particular plan, declaring that the improvement is necessary for	23760
the preservation and promotion of the public health and welfare,	23761
and determining whether or not special assessments are to be	23762
levied and collected to pay any part of the cost of the	23763
improvement.	23764

(B) If special assessments are not to be levied and collected	23765
to pay any part of the cost of the improvement, the board, in the	23766
resolution provided for in division (A) of this section or in a	23767
subsequent resolution, including a resolution authorizing the	23768
issuance or incurrence of public obligations for the improvement,	23769
may authorize the improvement and the expenditure of the funds	23770
required for its acquisition or construction and may proceed with	23771
the improvement without regard to the procedures otherwise	23772
required by divisions (C), (D), and (E) of this section and by	23773
sections 6117.07 to 6117.24 of the Revised Code. Those procedures	23774
are required only for improvements for which special assessments	23775
are to be levied and collected.	23776

(C) If special assessments are to be levied and collected	23777
pursuant to a determination made in the resolution provided for in	23778
division (A) of this section or in a subsequent resolution, the	23779
procedures referred to in division (B) of this section as being	23780
required for that purpose shall apply, and the board may have the	23781
county sanitary engineer prepare, or otherwise cause to be	23782
prepared, detailed plans, specifications, and an estimate of cost	23783
for the improvement, together with a tentative assessment of the	23784
cost based on the estimate. The tentative assessment shall be for	23785
the information of property owners and shall not be levied or	23786
certified to the county auditor for collection. The detailed	23787
plans, specifications, estimate of cost, and tentative assessment,	23788
if approved by the board, shall be carefully preserved in the	23789
office of the board or the county sanitary engineer and shall be	23790
open to the inspection of all persons interested in the	23791
improvement.	23792

(D) After the board's approval of the detailed plans,	23793
specifications, estimate of cost, and tentative assessment, and at	23794
least twenty-four days before adopting a resolution pursuant to	23795
division (E) of this section, the board, except to the extent that	23796
appropriate waivers of notice are obtained from affected owners,	23797
shall cause to be sent a notice of its intent to adopt the	23798
resolution to each owner of property proposed to be assessed that	23799
is listed on the records of the county auditor for current	23800
agricultural use value taxation pursuant to section 5713.31 of the	23801
Revised Code and that is not located in an agricultural district	23802
established under section 929.02 of the Revised Code. The notice	23803
shall satisfy all of the following:	23804

(1) Be sent by first class or certified mail;

23805

(2) Specify the proposed date of the adoption of the	23806
resolution;	23807

(3) Contain a statement that the improvement will be financed	23808
in whole or in part by special assessments and that all properties	23809
not located in an agricultural district established pursuant to	23810
section 929.02 of the Revised Code may be subject to a special	23811
assessment;	23812

(4) Contain a statement that an agricultural district may be	23813
established by filing an application with the county auditor.	23814

If it appears, by the return of the mailed notices or by	23815
other means, that one or more of the affected owners cannot be	23816
found or are not served by the mailed notice, the board shall	23817
cause the notice to be published once in a newspaper of general	23818
circulation in the county not later than ten days before the	23819
adoption of the resolution.	23820

(E) After complying with divisions (A), (C), and (D) of this	23821
section, the board may adopt a resolution declaring that the	23822
improvement, which shall be described as to its nature and its	23823
location, route, and termini, is necessary for the preservation	23824
and promotion of the public health and welfare, referring to the	23825
plans, specifications, estimate of cost, and tentative assessment,	23826
stating the place where they are on file and may be examined, and	23827
providing that the entire cost or a lesser designated part of the	23828
cost will be specially assessed against the benefited properties	23829
within the district and that any balance will be paid by the	23830
county at large from other available funds. The resolution also	23831
shall contain a description of the boundaries of that part of the	23832
district to be assessed and shall designate a time and place for	23833
objections to the improvement, to the tentative assessment, or to	23834
the boundaries of the assessment district to be heard by the	23835
board. The date of that hearing shall be not less than twenty-four	23836
days after the date of the first publication of the notice of the	23837
hearing required by this division.	23838

The board shall cause a notice of the hearing to be published	23839
once a week for two consecutive weeks in a newspaper of general	23840
circulation in the county, and on or before the date of the second	23841
publication, it shall cause to be sent by first class or	23842
certified mail a copy of the notice to every owner of property to	23843
be assessed for the improvement whose address is known.	23844

The notice shall set forth the time and place of the hearing,	23845
a summary description of the proposed improvement, including its	23846
general route and termini, a summary description of the area	23847
constituting the assessment district, and the place where the	23848
plans, specifications, estimate of cost, and tentative assessment	23849
are on file and may be examined. Each mailed notice also shall	23850
include a statement that the property of the addressee will be	23851
assessed for the improvement. The notice also shall be sent by	23852
first class or certified mail, on or before the date of the second	23853
publication, to the clerk, or to the official discharging the	23854
duties of a clerk, of any municipal corporation any part of which	23855
lies within the assessment district and shall state whether or not	23856
any property belonging to the municipal corporation is to be	23857
assessed and, if so, shall identify that property.	23858

At the hearing, or at any adjournment of the hearing, of	23859
which no further published or mailed notice need be given, the	23860
board shall hear all parties whose properties are proposed to be	23861
assessed. Written objections to or endorsements of the proposed	23862
improvement, its character and termini, the boundaries of the	23863
assessment district, or the tentative assessment shall be received	23864
by the board for a period of five days after the completion of the	23865
hearing, and no action shall be taken by the board in the matter	23866
until after that period has elapsed. The minutes of the hearing	23867
shall be entered on the journal of the board, showing the persons	23868
who appear in person or by attorney, and all written objections	23869
shall be preserved and filed in the office of the board.	23870

Sec. 6117.25. (A) The board of county commissioners may pay	23871
the whole or any part of the cost of constructing, maintaining,	23872
repairing, or operating any improvement provided for in this	23873
chapter, including the payment of a county sanitary engineer and	23874
~~his~~the sanitary engineer's assistants and other necessary	23875
expenses. Insofar as such expenses relate to the construction of a	23876
permanent improvement, they may be considered as part of the cost	23877
of such improvement and bonds may be issued therefor. ~~Bonds~~	23878

(B) Bonds and notes in anticipation thereof, including bonds	23879
issued in anticipation of the collection of assessments deferred	23880
pursuant to sections 6117.061 and 6117.33 of the Revised Code, may	23881
be issued by the board pursuant to Chapter 133. of the Revised	23882
Code, to finance any such improvement;, provided that where a	23883
separate issue of bonds is issued in anticipation of the	23884
collection of deferred assessments, the first principal maturity	23885
of such bonds may be not later than five years from the date of	23886
such bonds. Bonds issued in anticipation of the collection of	23887
assessments deferred pursuant to sections 6117.061 and 6117.33 of	23888
the Revised Code and notes issued in anticipation of such bonds	23889
shall be considered for all purposes under this chapter and	23890
Chapter 133. of the Revised Code as being bonds or notes issued in	23891
anticipation of the levy or collection of special assessments.	23892

(C) Bonds may be issued by the board under Chapter 165. of	23893
the Revised Code to finance such improvements payable solely from	23894
revenues generated by the improvements.	23895

Sec. 6117.251. (A) After the establishment of any county	23896
sewer district, the board of county commissioners may determine by	23897
resolution that it is necessary to provide sanitary or drainage	23898
facility improvements or prevention or replacement facility	23899
improvements and to maintain and operate the improvements within	23900
the district or a designated portion of the district, that the	23901
improvements, which shall be generally described in the	23902
resolution, shall be constructed, that funds are required to pay	23903
the preliminary costs of the improvements to be incurred prior to	23904
the commencement of the proceedings for their construction, and	23905
that those funds shall be provided in accordance with this	23906
section.	23907

(B) Prior to the adoption of the resolution, the board shall	23908
give notice of its pendency and of the proposed determination of	23909
the necessity of the improvements generally described in the	23910
resolution. The notice shall set forth a description of the	23911
properties to be benefited by the improvements and the time and	23912
place of a hearing of objections to and endorsements of the	23913
improvements. The notice shall be given either by publication in a	23914
newspaper of general circulation in the county once a week for two	23915
consecutive weeks, or by mailing a copy of the notice by first	23916
class or certified mail to the owners of the properties proposed	23917
to be assessed at their respective tax mailing addresses, or by	23918
both manners, the first publication to be made or the mailing to	23919
occur at least two weeks prior to the date set for the hearing. At	23920
the hearing, or at any adjournment of the hearing, of which no	23921
further published or mailed notice need be given, the board shall	23922
hear all persons whose properties are proposed to be assessed and	23923
the evidence it considers to be necessary. The board then shall	23924
determine the necessity of the proposed improvements and whether	23925
the improvements shall be made by the board and, if they are to be	23926
made, shall direct the preparation of tentative assessments upon	23927
the benefited properties and by whom they shall be prepared.	23928

(C) In order to obtain funds for the preparation of a general	23929
or revised general plan of sewerage or drainage for the district	23930
or part of the district, for the preparation of the detailed	23931
plans, specifications, estimate of cost, and tentative assessment	23932
for the proposed improvements, and for the cost of financing and	23933
legal services incident to the preparation of all of those plans	23934
and a plan of financing the proposed improvements, the board may	23935
levy upon the properties to be benefited in the district a	23936
preliminary assessment apportioned according to benefits or to tax	23937
valuation or partly by one method and partly by the other method	23938
as the board may determine. The assessments shall be in the	23939
amount determined to be necessary to obtain funds for the general	23940
and detailed plans and the cost of financing and legal services	23941
and shall be payable in the number of years that the board shall	23942
determine, not to exceed twenty years, together with interest on	23943
any public obligations that may be issued or incurred in	23944
anticipation of the collection of the assessments.	23945

(D) The board shall have power at any time to levy additional	23946
assessments according to benefits or to tax valuation or partly by	23947
one method and partly by the other method as the board may	23948
determine for the purposes described in division (C) of this	23949
section upon the benefited properties to complete the payment of	23950
the costs described in division (C) of this section or to pay the	23951
cost of any additional plans, specifications, estimate of cost, or	23952
tentative assessment and the cost of financing and legal services	23953
incident to the preparation of those plans and the plan of	23954
financing, which additional assessments shall be payable in the	23955
number of years that the board shall determine, not to exceed	23956
twenty years, together with interest on any public obligations	23957
that may be issued or incurred in anticipation of the collection	23958
of the additional assessments.	23959

(E) Prior to the adoption of a resolution levying assessments	23960
under this section, the board shall give notice either by one	23961
publication in a newspaper of general circulation in the county,	23962
or by mailing a copy of the notice by first class or certified	23963
mail to the owners of the properties proposed to be assessed at	23964
their respective tax mailing addresses, or by both manners, the	23965
publication to be made or the mailing to occur at least ten days	23966
prior to the date of the meeting at which the resolution shall be	23967
taken up for consideration; that notice shall state the time and	23968
place of the meeting at which the resolution is to be considered.	23969
At the time and place of the meeting, or at any adjournment of	23970
the meeting, of which no further published or mailed notice need	23971
be given, the board shall hear all persons whose properties are	23972
proposed to be assessed, shall correct any errors and make any	23973
revisions that appear to be necessary or just, and then may adopt	23974
a resolution levying upon the properties determined to be	23975
benefited the assessments as so corrected and revised.	23976

The assessments levied by the resolution shall be certified	23977
to the county auditor for collection in the same manner as taxes	23978
in the year or years in which they are payable.	23979

(F) Upon the adoption of the resolution described in division	23980
(E) of this section, no further action shall be taken or work done	23981
until ten days have elapsed. If, at the expiration of that period,	23982
no appeal has been effected by any property owner as provided in	23983
this division, the action of the board shall be final. If, at the	23984
end of that ten days, any owner of property to be assessed for the	23985
improvements has effected an appeal, no further action shall be	23986
taken and no work done in connection with the improvements under	23987
the resolution until the matters appealed from have been disposed	23988
of in court.	23989

Any owner of property to be assessed may appeal as provided	23990
and upon the grounds stated in sections 6117.09 to 6117.24 of the	23991
Revised Code.	23992

If no appeal has been perfected or if on appeal the	23993
resolution of the board is sustained, the board may authorize and	23994
enter into contracts to carry out the purposes for which the	23995
assessments have been levied without the prior issuance of notes,	23996
provided that the payments under those contracts do not fall due	23997
prior to the time by which the assessments are to be collected.	23998
The board may issue and sell bonds with a maximum maturity of	23999
twenty years in anticipation of the collection of the assessments	24000
and may issue notes in anticipation of the issuance of the bonds,	24001
which notes and bonds, as public obligations, shall be issued and	24002
sold as provided in Chapter 133. of the Revised Code.	24003

Sec. 6117.28. Whenever the owners of all the lots and lands	24004
to be assessed for any sanitary or drainage facility improvement	24005
or any prevention or replacement facility improvement provided for	24006
in this chapter, by petition in writing, request the board of	24007
county commissioners to provide for the acquisition or	24008
construction, maintenance, and operation of the improvement,	24009
describing the improvement and the lots and lands owned by them	24010
respectively to be assessed to pay the cost of acquisition or	24011
construction, maintenance, and operation of the improvement and	24012
consenting that their lots and lands may be assessed to pay the	24013
cost of the acquisition or construction of the improvement and of	24014
its maintenance and operation as provided in this chapter, and	24015
waive all legal notices otherwise required, the board may have	24016
the county sanitary engineer prepare, or otherwise cause to be	24017
prepared, the necessary plans, specifications, and estimate of	24018
cost of the acquisition or construction, maintenance, and	24019
operation of the improvement and a tentative assessment. When the	24020
owners state, in writing, that they have examined the estimate of	24021
cost and tentative assessment, that they have no objections to	24022
them, and that, in case bonds are proposed to be issued prior to	24023
the acquisition or construction of the improvement, they waive	24024
their right or option to pay the assessments in cash, the board	24025
may proceed as provided in this chapter to cause the improvement	24026
to be acquired or constructed and to cause provision to be made	24027
for the payment of the cost of its acquisition or construction,	24028
maintenance, and operation, except that none of the notices	24029
otherwise required by law need be given and no opportunity need be	24030
provided for the filing of objections to the improvement, its	24031
character and termini, the boundaries of the assessment district,	24032
or the tentative assessment or, if bonds are issued prior to the	24033
acquisition or construction of the improvement, for paying the	24034
assessments in cash. The board may proceed to issue or incur	24035
public obligations in the required amount, complete the	24036
acquisition or construction of the improvement, and levy and	24037
collect the assessments authorized by this chapter. No person or	24038
public agency shall have the right to appeal from any decision or	24039
action of the board in the matter except refusal by the board to	24040
proceed with the improvement.	24041

The tentative assessment provided for in this section shall	24042
be for the information of property owners and shall not be levied	24043
or certified to the county auditor for collection. On completion	24044
of the improvement, its cost shall be determined, and the county	24045
sanitary engineer shall prepare, or otherwise cause to be	24046
prepared, a revised assessment based on the actual cost and in	24047
substantially the same proportion as the tentative assessment. The	24048
board shall confirm and levy the revised assessment and certify it	24049
to the county auditor for collection.	24050

Sec. 6117.30. The cost of the acquisition or construction of	24051
sanitary or drainage facilities or prevention or replacement	24052
facilities to be paid by assessments shall be assessed, as an	24053
assessment district assessment, upon all the property within the	24054
county sewer district found to be benefited in accordance with the	24055
special benefits conferred, less any part of the cost that is	24056
paid by the county at large from other available funds. State land	24057
so benefited shall bear its portion of the assessed cost.	24058

Sec. 6117.34. Whenever the legislative authority or board of	24059
health, or the officers performing the duties of the legislative	24060
authority or board of health, of a municipal corporation, the	24061
board of health of a general health district, or a board of	24062
township trustees makes complaint, in writing, to the	24063
environmental protection agency that unsanitary conditions exist	24064
in any county, the agency's director forthwith shall inquire into	24065
and investigate the conditions complained of. If, upon	24066
investigation of the complaint, the director finds that it is	24067
necessary for the public health and welfare that sanitary or	24068
drainage facilities or prevention or replacement facilities be	24069
acquired or constructed, maintained, and operated to serve any	24070
territory outside municipal corporations in any county, the	24071
director shall notify the board of county commissioners of the	24072
county of that finding and order that corrective action be taken.	24073
The board shall obey the order and proceed as provided in this	24074
chapter to establish a county sewer district, if required, to	24075
provide the necessary funds, to acquire or construct the	24076
facilities, and to maintain and operate the facilities, as	24077
required by the order and in a manner that is satisfactory to the	24078
director. Any part or all of the cost of the facilities or of the	24079
maintenance and operation of the facilities may be assessed upon	24080
the benefited properties as provided in this chapter.	24081

Sec. 6117.38. (A) At any time after the formation of any	24082
county sewer district, the board of county commissioners, when it	24083
considers it appropriate, on application by a person or public	24084
agency for the provision of sewerage or drainage to properties of	24085
the person or public agency located outside of the district, may	24086
contract with the person or public agency for depositing sewage or	24087
drainage from those properties in facilities acquired or	24088
constructed or to be acquired or constructed by the county to	24089
serve the district and for the treatment, disposal, and	24090
disposition of the sewage or drainage, on terms that the board	24091
considers equitable. The amount to be paid by the person or public	24092
agency to reimburse the county for costs of acquiring or	24093
constructing those facilities shall not be less than the original	24094
or comparable assessment for similar property within the district	24095
or, in the absence of an original or comparable assessment, an	24096
amount that is found by the board to be reasonable and fairly	24097
reflective of that portion of the cost of those facilities	24098
attributable to the properties to be served. The board shall	24099
appropriate any moneys received for that service to and for the	24100
use and benefit of the district. The board may collect the amount	24101
to be paid by the person or public agency in full, in cash or in	24102
installments as a part of a connection charge to be collected in	24103
accordance with division (B) or (D) of section 6117.02 of the	24104
Revised Code, or if the properties to be served are located within	24105
the county, the same amount may be assessed against those	24106
properties, and, in that event, the manner of making the	24107
assessment, together with the notice of it, shall be as provided	24108
in this chapter.	24109

(B) Whenever sanitary or drainage facilities or prevention or	24110
replacement facilities have been acquired or constructed by, and	24111
at the expense of, a person or public agency and the board	24112
considers it appropriate to acquire the facilities or any part of	24113
them for the purpose of providing sewerage or drainage service to	24114
territory within a sewer district, the county sanitary engineer,	24115
at the direction of the board, shall examine the facilities. If	24116
the county sanitary engineer finds the facilities properly	24117
designed and constructed, the county sanitary engineer shall	24118
certify that fact to the board. The board may determine to	24119
purchase the facilities or any part of them at a cost that, after	24120
consultation with the county sanitary engineer, it finds to be	24121
reasonable.	24122

Subject to and in accordance with this division and division	24123
(B) or divisions (C), (D), and (E) of section 6117.06 of the	24124
Revised Code, the board may purchase the facilities or any part of	24125
them by negotiation. For the purpose of paying the cost of their	24126
acquisition, the board may issue or incur public obligations and	24127
assess the entire cost, or a lesser designated part of the cost,	24128
of their acquisition against the benefited properties in the	24129
manner provided in this chapter for the construction of original	24130
or comparable facilities.	24131

Sec. 6117.41. At any time after the formation of any county	24132
sewer district, the board of county commissioners may enter into a	24133
contract, upon the terms and for the period of time that are	24134
mutually agreed upon, with any other public agency to prepare all	24135
necessary plans and estimates of cost and to acquire or construct	24136
any sanitary or drainage facilities or any prevention or	24137
replacement facilities that are to be used jointly by the	24138
contracting parties, and to provide for the maintenance,	24139
operation, and joint use by the contracting parties of those	24140
facilities or the maintenance, operation, and joint use of any	24141
suitable existing sanitary or drainage facilities or prevention or	24142
replacement facilities belonging to either of the contracting	24143
parties.	24144

Sec. 6117.42. All contracts under section 6117.41 of the	24145
Revised Code shall provide for the payment of compensation to the	24146
county or other public agency owning, acquiring, or constructing,	24147
or agreeing to acquire or construct, the sanitary or drainage	24148
facilities or prevention or replacement facilities to be jointly	24149
used in an amount agreed upon as the other party's share of the	24150
cost of acquiring or constructing the facilities. The contract	24151
also shall provide for payment of compensation to the county or	24152
other public agency owning, acquiring, or constructing the	24153
facilities and operating and maintaining them in an amount agreed	24154
upon as the other party's share of the cost of operating and	24155
maintaining them or, in lieu of all other or differing payments,	24156
and agreed price per unit of flow. A county or other public agency	24157
owning, acquiring, or constructing, or agreeing to acquire or	24158
construct, any of the facilities and agreeing to their use by	24159
another public agency shall retain full control and management of	24160
the acquisition, construction, maintenance, and operation of the	24161
facilities, unless otherwise provided in the contract and except,	24162
in the case of a county, when conveyed to a municipal corporation	24163
as provided in division (B) of section 6117.05 of the Revised	24164
Code.	24165

Sec. 6117.43. A county or other public agency contracting	24166
as provided in sections 6117.41 and 6117.42 of the Revised Code	24167
for the joint use of any sanitary or drainage facilities or any	24168
prevention or replacement facilities acquired or constructed, or	24169
to be acquired or constructed, by another public agency may	24170
provide for payment of the agreed compensation by the levy of	24171
taxes or special assessments or from sanitary sewer or drainage	24172
rates and charges, if and to the extent that the public agency is	24173
authorized by the laws governing it in the acquisition,	24174
construction, maintenance, or operation of the facilities to	24175
provide for payment of the costs in respect of which the	24176
compensation is due from those sources, and may issue or incur	24177
public obligations as provided by those laws and pay the debt	24178
charges on those obligations from those sources if and to the	24179
extent so authorized.	24180

Sec. 6117.44. A county or other public agency receiving the	24181
compensation provided for in section 6117.42 of the Revised Code	24182
shall credit the amount so received to the proper fund to be used	24183
for the acquisition, construction, or operation and maintenance,	24184
as the case may be, of the sanitary or drainage facilities or the	24185
prevention or replacement facilities or for other authorized	24186
purposes.	24187

Sec. 6117.45. No person or public agency shall tamper with	24188
or damage any sanitary or drainage facility or any prevention or	24189
replacement facility acquired or constructed by a county under	24190
this chapter or any apparatus or accessory connected with it or	24191
pertaining to it, or make any connection into or with the	24192
facility, without the permission of the board of county	24193
commissioners or in a manner or for a use other than as prescribed	24194
by the board. No person or public agency shall refuse to permit	24195
the inspection by the county sanitary engineer of any such	24196
connection. No person or public agency shall violate any other	24197
provision of this chapter.	24198

All fines collected under section 6117.99 of the Revised Code	24199
shall be paid to the county treasurer and credited to the fund	24200
that the board determines to be most appropriate after	24201
consideration of the nature and extent of the particular	24202
violations.	24203

Sec. 6117.49. (A) If the board of county commissioners	24204
determines by resolution that the best interests of the county and	24205
those served by the sanitary or drainage facilities or the	24206
prevention or replacement facilities of a county sewer district so	24207
require, the board may sell or otherwise dispose of the facilities	24208
to another public agency or a person. The resolution declaring the	24209
necessity of that disposition shall recite the reasons for the	24210
sale or other disposition and shall establish any conditions or	24211
terms that the board may impose, including, but not limited to, a	24212
minimum sales price if a sale is proposed, a requirement for the	24213
submission by bidders of the schedule of rates and charges	24214
initially proposed to be paid for the services of the facilities,	24215
and other pertinent conditions or terms relating to the sale or	24216
other disposition. The resolution also shall designate a time and	24217
place for the hearing of objections to the sale or other	24218
disposition by the board. Notice of the adoption of the resolution	24219
and the time and place of the hearing shall be published once a	24220
week for two consecutive weeks in a newspaper of general	24221
circulation in the sewer district and in the county. The public	24222
hearing on the sale or other disposition shall be held not less	24223
than twenty-four days following the date of first publication of	24224
the notice. A copy of the notice also shall be sent by first class	24225
or certified mail, on or before the date of the second	24226
publication, to any public agency within the area served by the	24227
facilities. At the public hearing, or at any adjournment of it,	24228
of which no further published or mailed notice need be given, the	24229
board shall hear all interested parties. A period of five days	24230
shall be given following the completion of the hearing for the	24231
filing of written objections by any interested persons or public	24232
agencies to the sale or other disposition, after which the board	24233
shall consider any objections and by resolution determine whether	24234
or not to proceed with the sale or other disposition. If the board	24235
determines to proceed with the sale or other disposition, it shall	24236
receive bids after advertising once a week for four consecutive	24237
weeks in a newspaper of general circulation in the county and,	24238
subject to the right of the board to reject any or all bids, may	24239
make an award to a responsible bidder whose proposal is determined	24240
by the board to be in the best interests of the county and those	24241
served by the facilities.	24242

(B) A conveyance of sanitary or drainage facilities or of	24243
prevention or replacement facilities by a county to a municipal	24244
corporation in accordance with division (B) of section 6117.05 of	24245
the Revised Code may be made without regard to division (A) of	24246
this section.	24247

Sec. 6121.045. With respect to a loan made under this	24248
chapter, the Ohio water development authority shall not charge any	24249
fees or fines in excess of the principal amount of the loan.	24250

Sec. 6123.042. With respect to a loan made under this	24251
chapter, the Ohio water development authority shall not charge any	24252
fees or fines in excess of the principal amount of the loan.	24253

Section 101.02. That existing sections 9.835, 105.41, 109.71,	24254
113.061, 113.40, 117.13, 117.38, 120.08, 122.171, 124.152,	24255
125.021, 125.04, 125.09, 125.18, 125.25, 133.08, 135.61, 135.63,	24256
135.65, 135.66, 145.47, 149.30, 156.02, 165.01, 165.03, 303.12,	24257
303.211, 307.697, 319.301, 321.261, 340.02, 340.021, 351.26,	24258
519.12, 519.211, 715.73, 715.74, 901.42, 1332.04, 1346.03,	24259
1561.011, 1561.16, 1561.17, 1561.23, 1561.25, 1561.26, 1565.15,	24260
2743.49, 2921.13, 2935.01, 2935.03, 2949.092, 3119.023,	24261
3301.0714, 3311.21, 3311.24, 3313.842, 3313.978, 3314.016,	24262
3314.02, 3314.03, 3314.05, 3316.03, 3316.041, 3316.06, 3316.08,	24263
3317.023, 3317.11, 3317.20, 3318.01, 3318.03, 3318.032, 3318.04,	24264
3323.30, 3323.31, 3323.32, 3323.33, 3333.04, 3333.044, 3333.122,	24265
3335.05, 3341.03, 3343.08, 3344.02, 3352.02, 3353.02, 3353.20,	24266
3353.21, 3353.22, 3353.26, 3353.27, 3353.28, 3353.29, 3354.16,	24267
3355.12, 3356.02, 3357.16, 3359.02, 3361.02, 3364.02, 3702.71,	24268
3702.72, 3702.73, 3702.74, 3702.75, 3702.78, 3702.79, 3702.81,	24269
3702.85, 3702.86, 3702.91, 3702.93, 3702.95, 3703.01, 3734.821,	24270
3735.67, 3905.40, 3961.04, 4117.01, 4117.09, 4117.14, 4117.15,	24271
4123.26, 4123.32, 4123.37, 4123.54, 4131.03, 4301.355, 4301.421,	24272
4301.424, 4301.432, 4301.47, 4301.62, 4303.03, 4303.071,	24273
4303.181, 4303.182, 4303.232, 4303.233, 4303.30, 4303.33,	24274
4303.333, 4399.12, 4510.10, 4511.01, 4511.181, 4511.191,	24275
4735.01, 4735.02, 4735.10, 4735.13, 4735.14, 4735.141, 4752.04,	24276
4752.05, 4752.06, 4752.07, 4752.11, 4752.12, 4752.13, 4928.142,	24277
5101.5211, 5101.5212, 5101.5213, 5101.5214, 5101.5215, 5101.572,	24278
5101.80, 5111.032, 5111.091, 5111.31, 5111.941, 5112.31, 5112.37,	24279
5123.0412, 5123.196, 5123.36, 5525.01, 5703.19, 5703.21,	24280
5703.57, 5705.194, 5705.214, 5705.29, 5709.121, 5721.30, 5721.31,	24281
5721.32, 5721.33, 5721.34, 5721.35, 5721.36, 5721.37, 5721.38,	24282
5721.39, 5721.40, 5721.41, 5721.42, 5721.43, 5727.85, 5739.01,	24283
5739.02, 5739.029, 5739.12, 5739.122, 5739.124, 5739.21,	24284
5741.04, 5741.12, 5741.121, 5741.122, 5743.021, 5743.024,	24285
5743.321, 5743.323, 5745.05, 5747.01, 5747.02, 5748.022, 5751.20,	24286
5751.21, 6117.01, 6117.011, 6117.012, 6117.04, 6117.05, 6117.06,	24287
6117.25, 6117.251, 6117.28, 6117.30, 6117.34, 6117.38, 6117.41,	24288
6117.42, 6117.43, 6117.44, 6117.45, and 6117.49 of the Revised	24289
Code are hereby repealed.	24290

Section 105.01. That sections 124.821, 3314.086, 3317.161,	24291
3353.23, 3353.24, 3353.25, 3353.30, 5111.88, 5111.881, 5111.882,	24292
5111.883, 5111.884, 5111.885, 5111.886, 5111.887, 5111.888,	24293
5111.889, 5111.8810, 5111.8811, 5111.8812, 5111.8813, 5111.8814,	24294
5111.8815, 5111.8816, 5111.8817, 5112.311, and 5739.213 of the	24295
Revised Code are hereby repealed.	24296

Section 201.10. The items set forth in this section are	24297
hereby appropriated out of any moneys in the state treasury to	24298
the credit of the Nursing Home - Federal Fund (Fund 3190) that	24299
are not otherwise appropriated.	24300

Appropriations

OVH OHIO VETERANS' HOME AGENCY	24301

C43019	G-Life Safety & Security	$	310,700	24302
C43020	G-Critical Power & Grounds	$	510,250	24303
C43021	S-S/G Tub Room & Nurse Call	$	1,856,712	24304
C43022	S-G Renovate Giffin First Floor	$	418,015	24305
C43023	S-S/G Floor Replacement	$	579,270	24306
C43024	S-S. VH HVAC Upgrade	$	1,362,936	24307
C43025	S-Network Infrastructure	$	488,807	24308
C43026	G-HVAC Controls Upgrade	$	357,500	24309
Total Ohio Veterans' Home Agency		$	5,884,190	24310
TOTAL Nursing Home - Federal Fund		$	5,884,190	24311

Section 203.10. The items set forth in this section are	24313
hereby appropriated out of any moneys in the state treasury to the	24314
credit of the Army National Guard Service Contract Fund (Fund	24315
3420) that are not otherwise appropriated.	24316

Appropriations

ADJ ADJUTANT GENERAL	24317

C74519	Energy Conservation - Federal Share	$	107,792	24318
Total Adjutant General		$	107,792	24319
TOTAL Army National Guard Service Contract Fund		$	107,792	24320

Section 205.10. The items set forth in this section are	24322
hereby appropriated out of any moneys in the state treasury to the	24323
credit of the Special Administrative Fund (Fund 4A90) that are	24324
not otherwise appropriated.	24325

Appropriations

JFS DEPARTMENT OF JOB AND FAMILY SERVICES	24326

C60000	Various Renovations - Local Offices	$	537,869	24327
C60001	145 South Front Renovation	$	6,500,000	24328
Total Department of Job and Family Services		$	7,037,869	24329
TOTAL Special Administrative Fund		$	7,037,869	24330

Section 207.10. The items set forth in this section are	24332
hereby appropriated out of any moneys in the state treasury to the	24333
credit of the State Fire Marshal Fund (Fund 5460) that are not	24334
otherwise appropriated.	24335

Appropriations

COM DEPARTMENT OF COMMERCE	24336

C80002	MARCS Radios	$	50,000	24337
C80010	Security Enhancements	$	200,000	24338
C80011	Gas Line Replacement	$	80,000	24339
C80012	Roof Replacement Main & Training	$	800,000	24340
C80013	ADAMS Data Imaging System	$	35,000	24341
C80014	Mobile Fire Behavior Lab	$	75,000	24342
C80015	Gas Chromatograph/Mass Spec	$	90,000	24343
C80016	Search & Rescue Training Module	$	70,000	24344
C80017	Fiber-optic Installation with AGR	$	200,000	24345
Total Department of Commerce		$	1,600,000	24346
TOTAL State Fire Marshal Fund		$	1,600,000	24347

Section 209.10. The items set forth in this section are	24349
hereby appropriated out of any moneys in the state treasury to the	24350
credit of the Veterans' Home Improvement Fund (Fund 6040) that are	24351
not otherwise appropriated.	24352

Appropriations

OVH OHIO VETERANS' HOME AGENCY	24353

C43027	G-Life Safety & Security	$	167,300	24354
C43028	G-Critical Power & Grounds	$	274,750	24355
C43029	S-S/G Tub Room & Nurse Call	$	999,768	24356
C43030	S-G Renovate Giffin First Floor	$	225,085	24357
C43031	S-S/G Floor Replacement	$	311,915	24358
C43032	S-S. VH HVAC Upgrade	$	733,889	24359
C43033	S-Network Infrastructure	$	263,204	24360
C43034	G-HVAC Controls Upgrade	$	192,500	24361
C43035	S-Replace Wanderguard System	$	261,000	24362
Total Ohio Veterans' Home Agency		$	3,429,411	24363
TOTAL Veterans' Home Improvement Fund		$	3,429,411	24364

Section 211.10. The items set forth in this section are	24366
hereby appropriated out of any moneys in the state treasury to the	24367
credit of the Highway Safety Fund (Fund 7036) that are not	24368
otherwise appropriated.	24369

Appropriations

DPS DEPARTMENT OF PUBLIC SAFETY	24370

C76021	Academy Maintenance and Repair	$	1,696,345	24371
Total Department of Public Safety		$	1,696,345	24372
TOTAL Highway Safety Fund		$	1,696,345	24373

Section 213.10. The items set forth in this section are	24375
hereby appropriated out of any moneys in the state treasury to the	24376
credit of the State Capital Improvements Revolving Loan Fund (Fund	24377
7040). Revenues to the State Capital Improvements Revolving Loan	24378
Fund shall consist of all repayments of loans made to local	24379
subdivisions for capital improvements, investment earnings on	24380
moneys in the fund, and moneys obtained from federal or private	24381
grants or from other sources for the purpose of making loans for	24382
the purpose of financing or assisting in the financing of the cost	24383
of capital improvement projects of local subdivisions.	24384

Appropriations

PWC PUBLIC WORKS COMMISSION	24385

C15030	Revolving Loan	$	39,500,000	24386
Total Public Works Commission		$	39,500,000	24387
TOTAL State Capital Improvements Revolving Loan Fund		$	39,500,000	24388

The foregoing appropriation item C15030, Revolving Loan,	24389
shall be used in accordance with sections 164.01 to 164.12 of the	24390
Revised Code.	24391

If the Public Works Commission receives refunds due to	24392
project overpayments that are discovered during a post-project	24393
audit, the Director of the Public Works Commission may certify to	24394
the Director of Budget and Management that refunds have been	24395
received. In certifying the refunds, the Director of the Public	24396
Works Commission shall provide the Director of Budget and	24397
Management information on the project refunds. The certification	24398
shall detail by project the source and amount of project	24399
overpayments received and include any supporting documentation	24400
required or requested by the Director of Budget and Management.	24401
Upon receipt of the certification, the Director of Budget and	24402
Management shall determine if the project refunds are necessary to	24403
support existing appropriations. If the project refunds are	24404
available to support additional appropriations, these amounts are	24405
hereby appropriated to appropriation item C15030, Revolving Loan.	24406

Section 215.10. The items set forth in this section are	24407
hereby appropriated out of any moneys in the state treasury to the	24408
credit of the Waterways Safety Fund (Fund 7086) that are not	24409
otherwise appropriated.	24410

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	24411

C725A7	Cooperative Grant Funding for Boating Facilities	$	9,300,000	24412
C725N9	Operations Facilities Development - Sandusky Watercraft Office Construction	$	2,350,000	24413
Total Department of Natural Resources		$	11,650,000	24414
TOTAL Waterways Safety Fund		$	11,650,000	24415

Section 217.10. The items set forth in this section are	24417
hereby appropriated out of any moneys in the state treasury to the	24418
credit of the Clean Ohio Revitalization Fund (Fund 7003) that are	24419
not otherwise appropriated:	24420

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	24421

C19500	Clean Ohio Revitalization	$	32,000,000	24422
C19501	Clean Ohio Assistance	$	8,000,000	24423
Total Department of Development		$	40,000,000	24424
TOTAL Clean Ohio Assistance Fund		$	40,000,000	24425

Section 217.11. CLEAN OHIO REVITALIZATION

24427

The Treasurer of State is hereby authorized to issue and	24428
sell, in accordance with Section 2o of Article VIII, Ohio	24429
Constitution, and pursuant to sections 151.01 and 151.40 of the	24430
Revised Code, original obligations in an aggregate principal	24431
amount not to exceed $40,000,000 in addition to the original	24432
issuance of obligations heretofore authorized by prior acts of the	24433
General Assembly. These authorized obligations shall be issued	24434
and sold from time to time, subject to applicable constitutional	24435
and statutory limitations, as needed to ensure sufficient moneys	24436
to the credit of the Clean Ohio Revitalization Fund (Fund 7003) to	24437
pay costs of revitalization projects.	24438

Section 219.10. The items set forth in this section are	24439
hereby appropriated out of any moneys in the state treasury to the	24440
credit of the Job Ready Site Development Fund (Fund 7012) that	24441
are not otherwise appropriated:	24442

Appropriations

DEV DEPARTMENT OF DEVELOPMENT	24443

C19502	Job Ready Sites	$	30,000,000	24444
Total Department of Development		$	30,000,000	24445
TOTAL Job Ready Site Development Fund		$	30,000,000	24446

Section 219.11. JOB READY SITE DEVELOPMENT

24448

The Ohio Public Facilities Commission, upon request of the	24449
Department of Development, is hereby authorized to issue and sell,	24450
in accordance with Section 2p of Article VIII, Ohio Constitution,	24451
and pursuant to sections 151.01 and 151.11 of the Revised Code,	24452
original obligations of the State of Ohio in an aggregate amount	24453
not to exceed $30,000,000 in addition to the original issuance of	24454
obligations heretofore authorized by prior acts of the General	24455
Assembly. These authorized obligations shall be issued and sold	24456
from time to time, subject to applicable constitutional and	24457
statutory limitations, as needed to ensure sufficient moneys to	24458
the credit of the Job Ready Site Development Fund (Fund 7012) to	24459
pay costs of sites and facilities.	24460

Section 221.10. The items set forth in the sections of this	24461
act prefixed with the section number "221" are hereby appropriated	24462
out of any moneys in the state treasury to the credit of the	24463
Administrative Building Fund (Fund 7026) that are not otherwise	24464
appropriated.	24465

Appropriations

Section 221.10.10. ADJ ADJUTANT GENERAL

24466

C74502	Roof Replacement - Various Facilities	$	583,874	24467
C74503	Electrical Systems - Various Facilities	$	348,079	24468
C74504	Camp Perry Facility/Infrastructure Improvements	$	500,000	24469
C74505	Replace Windows and Doors - Various Facilities	$	341,342	24470
C74506	Plumbing Renovations - Various Facilities	$	523,241	24471
C74507	Paving Renovations - Various Facilities	$	527,733	24472
C74508	HVAC Systems - Various Facilities	$	1,387,939	24473
C74510	Masonary Renovations - Various Facilities	$	180,000	24474
C74526	Energy Conservation - Various Facilities	$	107,792	24475
C74528	Camp Perry Improvements	$	1,000,000	24476
C74531	Rickenbacker Radar Project	$	1,000,000	24477
Total Adjutant General		$	6,500,000	24478

Appropriations

Section 221.10.20. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

24480

C10010	Surface Road Building Renovations	$	400,000	24481
C10013	Energy Conservation Projects	$	2,100,000	24482
C10015	SOCC Renovations	$	5,000,000	24483
C10020	North High Street Complex Renovations	$	12,500,000	24484
C10030	Broadband Ohio	$	5,000,000	24485
C10031	Operations Facilities Improvements	$	2,800,000	24486
C10032	Columbus Downtown Development - Sky Bridge Project	$	2,500,000	24487
Total Department of Administrative Services		$	30,300,000	24488

Appropriations

Section 221.10.30. AGR DEPARTMENT OF AGRICULTURE

24490

C70007	Building and Grounds Renovation	$	650,000	24491
C70014	Grounds Security and Emergency Power	$	200,000	24492
C70015	Fiber Installation for Infrastructure ODA/SFM	$	200,000	24493
C70016	ODA/SFM Shared Driveway/Entrance	$	50,000	24494
C70017	Raze Building #2	$	265,000	24495
Total Department of Agriculture		$	1,365,000	24496

Appropriations

Section 221.10.40. CSR CAPITOL SQUARE REVIEW AND ADVISORY	24498
BOARD	24499

C87406	Grounds Improvement	$	221,000	24500
C87407	Sound and Lighting Systems	$	145,000	24501
C87408	HVAC Improvement	$	628,381	24502
C87412	Security and Safety Upgrades	$	337,000	24503
C87413	Education Center	$	540,367	24504
C87415	Interior Repairs and Replacements	$	186,000	24505
Total Capitol Square Review and Advisory Board		$	2,057,748	24506

Appropriations

Section 221.10.50. EXP EXPOSITIONS COMMISSION

24508

C72300	Electric Upgrade	$	2,100,000	24509
C72303	Building Renovations and Repairs	$	11,900,000	24510
C72312	Emergency Renovations and Equipment Replacement	$	1,000,000	24511
C72315	North Parking Lot Improvements and Paving	$	5,000,000	24512
Total Expositions Commission		$	20,000,000	24513

Appropriations

Section 221.10.60. LIB STATE LIBRARY BOARD

24515

C35001		OPLIN Router Replacement Project		$	200,000		24516
Total State Library Board				$	200,000		24517

Appropriations

Section 221.10.70. DNR DEPARTMENT OF NATURAL RESOURCES

24519

C725D5	Fountain Square Building and Telephone System Improvements	$	1,000,000	24520
C725D7	MARCS	$	425,000	24521
C725E0	DNR Fairgrounds Area - General Upgrading - Fairgrounds Site Improvements	$	500,000	24522
C725N7	Operations Facilities Development	$	300,000	24523
Total Department of Natural Resources		$	2,225,000	24524

Appropriations

Section 221.10.80. DPS DEPARTMENT OF PUBLIC SAFETY

24526

C76017	Replacement Mission Critical Building System	$	725,250	24527
C76022	American Red Cross Facility - Cincinnati	$	1,000,000	24528
C76023	Red Cross Muskingum Lakes Chapter	$	500,000	24529
C76024	American Red Cross Facility - Tuscarawas	$	250,000	24530
C76025	Family Services of Cincinnati	$	50,000	24531
C76026	Tallmadge Shooting Range	$	500,000	24532
C76027	Southeast Ohio Emergency Responder Facility	$	25,000	24533
Total Department of Public Safety		$	3,050,250	24534

Appropriations

Section 221.10.90. OSB SCHOOL FOR THE BLIND

24536

C22618	Front Entry Renovations	$	112,500	24537
C22619	Public Address System Replacement	$	77,000	24538
C22620	School HVAC Renovation	$	215,000	24539
C22621	Renovations to Cottage C1	$	125,000	24540
C22622	Track Shelter	$	45,000	24541
Total School for the Blind		$	574,500	24542

Appropriations

Section 221.20.10. OSD SCHOOL FOR THE DEAF

24544

C22108	High School Window Replacement	$	123,000	24545
C22109	High School HVAC	$	117,500	24546
C22110	Gymnasium Floor & Lighting	$	237,000	24547
C22111	Staff Building Windows and Repairs	$	97,000	24548
C22112	Alumni Park Preservation	$	62,500	24549
Total School for the Deaf		$	637,000	24550

Appropriations

Section 221.20.20. DOT DEPARTMENT OF TRANSPORTATION

24551

C77701	Chillicothe Transit Facility - District 9	$	500,000	24552
Total Department of Transportation		$	500,000	24553
TOTAL Administrative Building Fund		$	67,409,498	24554

Section 221.20.30. The Ohio Building Authority is hereby	24556
authorized to issue and sell, in accordance with Section 2i of	24557
Article VIII, Ohio Constitution, and Chapter 152. and other	24558
applicable sections of the Revised Code, original obligations in	24559
an aggregate principal amount not to exceed $48,000,000 in	24560
addition to the original issuance of obligations heretofore	24561
authorized by prior acts of the General Assembly. These authorized	24562
obligations shall be issued, subject to applicable constitutional	24563
and statutory limitations, to pay costs associated with previously	24564
authorized capital facilities and the capital facilities referred	24565
to in Sections 221.10.10 to 221.20.10 of this act.	24566

Section 223.10. The items set forth in this section are	24567
hereby appropriated out of any moneys in the state treasury to the	24568
credit of the Adult Correctional Building Fund (Fund 7027) that	24569
are not otherwise appropriated.	24570

Appropriations

DRC DEPARTMENT OF REHABILITATION AND CORRECTION	24571

STATEWIDE AND CENTRAL OFFICE PROJECTS	24572

C50101	Community Based Correctional Facilities	$	1,600,000	24573
C50103	Asbestos Abatement - SW	$	1,000,000	24574
C50104	Power House/Utility Improvements - SW	$	1,400,000	24575
C50105	Water System/Plant Improvements - SW	$	6,000,000	24576
C50110	Security Improvements - SW	$	10,434,897	24577
C50136	General Building Renovations - SW	$	42,665,103	24578
C50175	Mandown Alert Communication - SW	$	4,800,000	24579
C501B3	Electrical System Upgrade - SW	$	4,100,000	24580
Total Statewide and Central Office Projects		$	72,000,000	24581
TOTAL Department of Rehabilitation and Correction		$	72,000,000	24582
TOTAL Adult Correctional Building Fund		$	72,000,000	24583

Section 223.11. The Ohio Building Authority is hereby	24585
authorized to issue and sell, in accordance with Section 2i of	24586
Article VIII, Ohio Constitution, and Chapter 152. and section	24587
307.021 of the Revised Code, original obligations in an aggregate	24588
principal amount not to exceed $62,000,000 in addition to the	24589
original issuance of obligations heretofore authorized by prior	24590
acts of the General Assembly. These authorized obligations shall	24591
be issued, subject to applicable constitutional and statutory	24592
limitations, to pay costs associated with previously authorized	24593
capital facilities and the capital facilities referred to in	24594
Section 223.10 of this act for the Department of Rehabilitation	24595
and Correction.	24596

Section 225.10. The items set forth in this section are	24597
hereby appropriated out of any moneys in the state treasury to the	24598
credit of the Juvenile Correctional Building Fund (Fund 7028)	24599
that are not otherwise appropriated.	24600

Appropriations

DYS DEPARTMENT OF YOUTH SERVICES	24601

C47001	Fire Suppression, Safety and Security	$	4,036,125	24602
C47002	General Institutional Renovations	$	4,424,725	24603
C47003	CCF Renovations/Maintenance	$	2,000,000	24604
C47007	Juvenile Detention Centers	$	4,980,000	24605
C47016	Shower Renovation - SJCF	$	1,642,000	24606
C47017	Roof Replacement - SJCF	$	1,508,650	24607
C47018	Educational Annex - CHJCF	$	1,408,500	24608
C47019	Lawrence County Youth Facility Relocation	$	500,000	24609
C47020	Lighthouse Youth Services	$	50,000	24610
Total Department of Youth Services		$	20,550,000	24611
TOTAL Juvenile Correctional Building Fund		$	20,550,000	24612

Section 225.11. The Ohio Building Authority is hereby	24614
authorized to issue and sell, in accordance with Section 2i of	24615
Article VIII, Ohio Constitution, and Chapter 152. and other	24616
applicable sections of the Revised Code, original obligations in	24617
an aggregate principal amount not to exceed $19,000,000 in	24618
addition to the original issuance of obligations heretofore	24619
authorized by prior acts of the General Assembly. These authorized	24620
obligations shall be issued, subject to applicable constitutional	24621
and statutory limitations, to pay the costs associated with	24622
previously authorized capital facilities and the capital	24623
facilities referred to in Section 225.10 of this act for the	24624
Department of Youth Services.	24625

Section 227.10. The items set forth in this section are	24626
hereby appropriated out of any moneys in the state treasury to the	24627
credit of the Cultural and Sports Facilities Building Fund (Fund	24628
7030) that are not otherwise appropriated.	24629

Appropriations

AFC CULTURAL FACILITIES COMMISSION	24630

C37118	Statewide Site Repairs	$	650,000	24631
C37120	Cincinnati Museum Center	$	2,500,000	24632
C37122	Akron Art Museum	$	500,000	24633
C37123	Youngstown Symphony Orchestra	$	675,000	24634
C37127	Cedar Bog	$	50,000	24635
C37139	Stan Hywett Hall & Gardens	$	1,250,000	24636
C37140	McKinley Museum Improvements	$	200,000	24637
C37142	Midland Theatre Improvements	$	300,000	24638
C37148	Hayes Presidential Center	$	150,000	24639
C37152	Zoar Village Building Restoration	$	90,000	24640
C37153	Basic Renovations and Emergency Repairs	$	850,000	24641
C37158	Rankin House Restoration and Development	$	242,000	24642
C37163	Harding Home and Tomb	$	340,000	24643
C37165	Ohio Historical Center Rehabilitation	$	514,000	24644
C37187	Renaissance Theatre	$	900,000	24645
C37188	Trumpet in the Land Facility	$	150,000	24646
C371A3	Voice of America Museum Facility	$	500,000	24647
C371A9	Western Reserve Historical Society	$	300,000	24648
C371C7	Music Hall Facility	$	1,100,000	24649
C371E5	Pro Football Hall of Fame	$	500,000	24650
C371F6	Colony Theater	$	250,000	24651
C371G4	Collections Storage Facility and Learning Center	$	1,240,000	24652
C371G6	Lockington Locks Stabilization	$	462,000	24653
C371H2	National Underground Railroad Freedom Center	$	850,000	24654
C371H5	Heritage Center of Dayton Manufacturing & Entrepreneurship	$	1,000,000	24655
C371H7	COSI - Columbus	$	500,000	24656
C371H8	Columbus Museum of Art	$	1,500,000	24657
C371J3	Davis-Shai Historical Facility	$	725,000	24658
C371J4	Massillon Museum Improvements	$	150,000	24659
C371J6	Peggy McConnell Arts Center - Worthington	$	475,000	24660
C371J9	Stambaugh Auditorium	$	675,000	24661
C371K3	Cincinnati Ballet	$	250,000	24662
C371L3	Ukrainian Museum	$	50,000	24663
C371L4	Gordon Square Arts Center	$	1,800,000	24664
C371M8	Hale Farm and Village	$	200,000	24665
C371O9	Historic Site-Signage - Phase II	$	50,000	24666
C371P4	Cleveland Playhouse	$	150,000	24667
C371P9	Civil War Site Improvements	$	475,000	24668
C371Q0	On-Line Portal to Ohio's Heritage	$	427,000	24669
C371Q1	Lucas County Multi-purpose Sports Arena	$	2,200,000	24670
C371Q2	Ballpark Village project	$	2,000,000	24671
C371Q5	Cincinnati Zoo	$	1,500,000	24672
C371Q6	Cincinnati Art Museum	$	1,500,000	24673
C371R0	King Arts Complex	$	861,000	24674
C371R3	Loudonville Opera House	$	600,000	24675
C371R4	Eagles Palace Theater	$	600,000	24676
C371R6	Historic McCook House	$	500,000	24677
C371R7	Jeffrey Mansion in Bexley	$	475,000	24678
C371R8	Columbus Zoo and Aquarium	$	500,000	24679
C371S0	Towpath Trail	$	500,000	24680
C371S1	Museum of Contemporary Art Cleveland	$	450,000	24681
C371S2	Canton Art Institute	$	450,000	24682
C371S3	Ohio Genealogical Society	$	350,000	24683
C371S5	Lake County Fine Arts Association	$	300,000	24684
C371S7	Maltz Museum of Jewish Heritage	$	300,000	24685
C371S8	Allen County Historical Society Museum Renovation	$	280,000	24686
C371S9	Portsmouth Mural	$	250,000	24687
C371T0	Mt. Vernon - Nazarene University Arts Center	$	300,000	24688
C371T2	Bucyrus Little Theater Restoration Project	$	250,000	24689
C371T3	Boonshoft Museum of Discovery	$	250,000	24690
C371T5	Cliffton Cultural Arts Center	$	250,000	24691
C371T6	Baltimore Theatre	$	50,000	24692
C371T7	Rock Mill Park Improvements	$	150,000	24693
C371T9	Cozad-Bates House Historic Project	$	100,000	24694
C371U1	Playhouse Square Center	$	350,000	24695
C371U3	Lake Erie Nature & Science Center	$	150,000	24696
C371U4	Great Lakes Science Center	$	300,000	24697
C371U5	Cleveland Zoological Society	$	150,000	24698
C371U8	Kidron Historical Society - Sonnenberg Village project	$	200,000	24699
C371V0	Chesterhill Union Hall Theatre	$	25,000	24700
C371V1	Geauga County Historical Society - Maple Museum	$	20,000	24701
C371V2	Hallsville Historical Society	$	100,000	24702
C371V3	Fayette County Historical Society	$	150,000	24703
C371V4	Covedale Theatre	$	100,000	24704
C371V5	Mariemont City - Women's Cultural Arts Center	$	220,000	24705
C371V6	Madeira Historical Society/Miller House	$	60,000	24706
C371V7	Sylvania Historic Village restoration	$	200,000	24707
C371V8	City of Perrysburg & Owens Community College Indoor Firing Range	$	200,000	24708
C371V9	Henry County Historical Society museum	$	59,000	24709
C371W0	Antwerp Railroad Depot historic building	$	106,000	24710
C371W1	Village of Edinburg Veterans Memorial	$	35,000	24711
C371W2	Lorain County Historical Society Horace Starr House	$	200,000	24712
C371W3	North Ridgeville Historic Community Theater	$	175,000	24713
C371W4	Redbrick Center for the Arts	$	250,000	24714
C371W5	Irene Lawrence Fuller Historic House	$	250,000	24715
C371W6	Preble County Historical Society Amphitheater	$	250,000	24716
C371W7	BalletTech	$	200,000	24717
C371W8	Cincinnati Museum Center - Eulett Center	$	150,000	24718
C371W9	Rickenbacker Boyhood Home	$	139,000	24719
C371X0	Rivers Edge Amphitheater project	$	100,000	24720
C371X1	Variety Theater	$	85,000	24721
C371X2	Morgan Township Historical Society	$	80,000	24722
C371X3	Salem Community Theater	$	53,000	24723
C371X4	Our House State Memorial	$	50,000	24724
C371X5	Belle's Opera House Improvements	$	50,000	24725
C371X6	Warren Veterans memorial	$	50,000	24726
C371X7	Huntington Playhouse	$	40,000	24727
C371X8	Cambridge Performing Arts Center	$	37,500	24728
C371X9	Old Harvey Historic School Restoration	$	25,000	24729
C371Y0	Dalton Community Historical Society	$	10,000	24730
C371Y1	Mohawk Veterans' Memorial	$	15,000	24731
C371Y2	Cleveland Museum of Natural History	$	150,000	24732
C371Y3	Fire Museum	$	83,334	24733
C371Y4	New Town Indian Artifact Museum	$	300,000	24734
C371Y5	City of Perrysburg Fort Meigs	$	200,000	24735
C371Y6	Historic League Park Restoration	$	150,000	24736
C371Y7	Ward-Thomas Museum	$	50,000	24737
C371Z0	Marietta Citizens Armory Cultural Center	$	200,000	24738
Total Cultural Facilities Commission		$	43,723,834	24739
TOTAL Cultural and Sports Facilities Building Fund		$	43,723,834	24740

Of the foregoing appropriation item C371Q5, Cincinnati Zoo,	24741
$750,000 shall be used for the Cat Canyon/Small Cat Reproduction	24742
Center project."	24743

Section 227.11. The Treasurer of State is hereby authorized	24744
to issue and sell, in accordance with Section 2i of Article VIII,	24745
Ohio Constitution, and Chapter 154. and other applicable sections	24746
of the Revised Code, original obligations in an aggregate	24747
principal amount not to exceed $42,000,000 in addition to the	24748
original issuance of obligations heretofore authorized by prior	24749
acts of the General Assembly. These authorized obligations shall	24750
be issued, subject to applicable constitutional and statutory	24751
limitations, to pay costs of capital facilities as defined in	24752
section 154.01 of the Revised Code, including construction as	24753
defined in division (H) of section 3383.01 of the Revised Code, of	24754
the Ohio cultural facilities designated in Section 227.10 of this	24755
act.	24756

Section 229.10. The items set forth in this section are	24757
hereby appropriated out of any moneys in the state treasury to the	24758
credit of the Ohio Parks and Natural Resources Fund (Fund 7031)	24759
that are not otherwise appropriated.	24760

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	24761

STATEWIDE AND LOCAL PROJECTS	24762

C72512	Land Acquisition - Department	$	3,000,000	24763
C72549	Operations Facilities Development	$	1,500,000	24764
C725B7	Underground Fuel Storage Tank Removal/Replacement - Department	$	750,000	24765
C725C0	Cap Abandoned Water Wells	$	50,000	24766
C725E1	NatureWorks Local Park Grants	$	3,800,000	24767
C725E5	Project Planning	$	1,100,000	24768
C725J0	Natural Areas and Preserves Maintenance Facility Development - Springville Marsh Carbon Rod Removal	$	200,000	24769
C725M0	Dam Rehabilitation - Department	$	10,000,000	24770
C725N1	Handicapped Accessibility - Department	$	250,000	24771
C725N5	Wastewater/Water Systems Upgrade - Department	$	3,000,000	24772
C725O1	The Wilds	$	1,000,000	24773
C725P9	Boundary Protection	$	150,000	24774
C725R6	Blanchard River Flood Mitigation Efforts	$	3,000,000	24775
C725R7	Lake Alma Restroom and Shower Upgrades	$	650,000	24776
C725R8	Indian Lake Dredging	$	200,000	24777
C725R9	Wabash Watershed - Grand Lake St. Marys Dredging	$	150,000	24778
C725S0	Historic Pittsburgh Marion & Chicago Train Station Bike Trail	$	145,000	24779
C725S1	Addyston Boat Ramp	$	100,000	24780
C725S2	Sylvania Retaining Wall Project	$	200,000	24781
Total Statewide and Local Projects		$	29,245,000	24782
Total Department of Natural Resources		$	29,245,000	24783
TOTAL Ohio Parks and Natural Resources Fund		$	29,245,000	24784

Of the foregoing appropriation item C72512, Land Acquisition	24785
- Department, $2,500,000 shall be used for the acquisition of the	24786
Vinton Furnace Experimental Forest.	24787

The foregoing appropriation item C725R6, Blanchard River	24788
Flood Mitigation Efforts, shall be used in conjunction with the	24789
U.S. Army Corps of Engineers plan to address continuing flooding	24790
of the Blanchard River in Putnam, Hancock, Hardin, Wyandot, Allen,	24791
and Seneca Counties as part of the nonfederal share.	24792

Section 229.11. The Ohio Public Facilities Commission, upon	24793
the request of the Director of Natural Resources, is hereby	24794
authorized to issue and sell, in accordance with Section 2l of	24795
Article VIII, Ohio Constitution, and Chapter 151. and particularly	24796
sections 151.01 and 151.05 of the Revised Code, original	24797
obligations in an aggregate principal amount not to exceed	24798
$28,000,000 in addition to the original issuance of obligations	24799
heretofore authorized by prior acts of the General Assembly. These	24800
authorized obligations shall be issued, subject to applicable	24801
constitutional and statutory limitations, as needed to provide	24802
sufficient moneys to the credit of the Ohio Parks and Natural	24803
Resources Fund (Fund 7031) to pay costs of capital facilities as	24804
defined in sections 151.01 and 151.05 of the Revised Code.	24805

Section 231.10. The items set forth in the sections of this	24806
act prefixed with the number "231" are hereby appropriated out of	24807
any moneys in the state treasury to the credit of the Mental	24808
Health Facilities Improvement Fund (Fund 7033) that are not	24809
otherwise appropriated.	24810

Appropriations

Section 231.10.10. ADA DEPARTMENT OF ALCOHOL AND DRUG	24811
ADDICTION SERVICES	24812

C03804	Rehab Center of North Central Ohio	$	300,000	24813
C03805	Prevention and Recovery Board - Jefferson County	$	300,000	24814
C03806	Lorain County Alcohol and Drug Abuse Services	$	250,000	24815
C03807	First Step Home	$	200,000	24816
C03808	Glenbeigh Extended Residential Care	$	500,000	24817
Total Department of Alcohol and Drug Addiction Services		$	1,550,000	24818

Appropriations

Section 231.10.20. DMH DEPARTMENT OF MENTAL HEALTH

24820

C58000	Hazardous Material Abatement	$	500,000	24821
C58001	Community Assistance Projects	$	9,210,000	24822
C58006	Patient Care Environment Improvement	$	3,700,000	24823
C58007	Infrastructure Improvements	$	4,600,000	24824
C58010	Campus Consolidation	$	83,700,000	24825
C58017	Bellefaire Jewish Children's Bureau	$	400,000	24826
C58018	Safety and Security Improvements	$	1,460,000	24827
C58019	Energy Conservation Projects	$	750,000	24828
C58020	Mandel Jewish Community Center	$	210,000	24829
Total Department of Mental Health		$	104,530,000	24830

COMMUNITY ASSISTANCE PROJECTS

24831

Of the foregoing appropriation item C58001, Community	24832
Assistance Projects, $260,000 shall be used for the Christian	24833
Children's Home, $200,000 shall be used for the Michael's House	24834
Child Advocacy Center, $100,000 shall be used for the Children's	24835
Home of Cincinnati, $100,000 shall be used for the Achievement	24836
Centers for Children, $100,000 shall be used for the Shaw JCC,	24837
$100,000 shall be used for Someplace Safe, $350,000 shall be used	24838
for the Berea Children's Home, and $6,300,000 shall be used for	24839
the development of a crisis care center in the area previously	24840
serviced by the Dayton Campus of Twin Valley Behavioral Health	24841
Organization.	24842

Appropriations

Section 231.20.30. DMR DEPARTMENT OF MENTAL RETARDATION AND	24843
DEVELOPMENTAL DISABILITIES	24844

STATEWIDE AND CENTRAL OFFICE PROJECTS	24845

C59004	Community Assistance Projects	$	13,301,537	24846
C59022	Razing of Buildings	$	200,000	24847
C59024	Telecommunications	$	400,000	24848
C59029	Generator Replacement	$	1,000,000	24849
C59034	Statewide Developmental Centers	$	4,294,237	24850
C59050	Emergency Improvements	$	500,000	24851
C59051	Energy Conservation	$	500,000	24852
C59052	Guernsey County MRDD Boiler Replacement	$	275,000	24853
C59053	Magnolia Clubhouse	$	250,000	24854
C59054	Recreation Unlimited Life Center - Delaware	$	150,000	24855
C59055	Camp McKinley Improvements	$	30,000	24856
C59056	The Hope Learning Center	$	250,000	24857
C59057	North Olmstead Welcome House	$	150,000	24858
C59058	Providence House	$	200,000	24859
Total Statewide and Central Office Projects		$	21,500,774	24860
TOTAL Department of Mental Retardation and Developmental Disabilities		$	21,500,774	24861
TOTAL Mental Health Facilities Improvement Fund		$	127,580,774	24862

COMMUNITY ASSISTANCE PROJECTS

24863

The foregoing appropriation item C59004, Community Assistance	24864
Projects, may be used to provide community assistance funds for	24865
the development, purchase, construction, or renovation of	24866
facilities for day programs or residential programs that provide	24867
services to persons eligible for services from the Department of	24868
Mental Retardation and Developmental Disabilities or county boards	24869
of mental retardation and developmental disabilities. Any funds	24870
provided to nonprofit agencies for the construction or renovation	24871
of facilities for persons eligible for services from the	24872
Department of Mental Retardation and Developmental Disabilities	24873
and county boards of mental retardation and developmental	24874
disabilities shall be governed by the prevailing wage provisions	24875
in section 176.05 of the Revised Code.	24876

Section 231.30.10. The foregoing appropriations for the	24877
Department of Mental Health, C58001, Community Assistance	24878
Projects, and the Department of Mental Retardation and	24879
Developmental Disabilities, C59004, Community Assistance	24880
Projects, may be used for facilities constructed or to be	24881
constructed pursuant to Chapter 340., 3793., 5119., 5123., or	24882
5126. of the Revised Code or the authority granted by section	24883
154.20 of the Revised Code and the rules issued pursuant to those	24884
chapters and shall be distributed by the Department of Mental	24885
Health and the Department of Mental Retardation and Developmental	24886
Disabilities, all subject to Controlling Board approval.	24887

Section 231.30.20. (A) No capital improvement appropriations	24888
made in Sections 231.10.10 to 231.30.10 of this act shall be	24889
released for planning or for improvement, renovation, or	24890
construction or acquisition of capital facilities if a	24891
governmental agency, as defined in section 154.01 of the Revised	24892
Code, does not own the real property that constitutes the capital	24893
facilities or on which the capital facilities are or will be	24894
located. This restriction does not apply in any of the following	24895
circumstances:	24896

(1) The governmental agency has a long-term (at least fifteen	24897
years) lease of, or other interest (such as an easement) in, the	24898
real property.	24899

(2) In the case of an appropriation for capital facilities	24900
that, because of their unique nature or location, will be owned or	24901
be part of facilities owned by a separate nonprofit organization	24902
and made available to the governmental agency for its use or	24903
operated by the nonprofit organization under contract with the	24904
governmental agency, the nonprofit organization either owns or has	24905
a long-term (at least fifteen years) lease of the real property or	24906
other capital facility to be improved, renovated, constructed, or	24907
acquired and has entered into a joint or cooperative use	24908
agreement, approved by the Department of Mental Health or the	24909
Department of Mental Retardation and Developmental Disabilities,	24910
whichever is applicable, with the governmental agency for that	24911
agency's use of and right to use the capital facilities to be	24912
financed and, if applicable, improved, the value of such use or	24913
right to use being, as determined by the parties, reasonably	24914
related to the amount of the appropriation.	24915

(B) In the case of capital facilities referred to in division	24916
(A)(2) of this section, the joint or cooperative use agreement	24917
shall include, at a minimum, provisions that:	24918

(1) Specify the extent and nature of that joint or	24919
cooperative use, extending for not fewer than fifteen years, with	24920
the value of such use or right to use to be, as determined by the	24921
parties and approved by the approving department, reasonably	24922
related to the amount of the appropriation;	24923

(2) Provide for pro rata reimbursement to the state should	24924
the arrangement for joint or cooperative use by a governmental	24925
agency be terminated;	24926

(3) Provide that procedures to be followed during the capital	24927
improvement process will comply with applicable state statutes	24928
and rules, including the provisions of this act.	24929

Section 231.40.10. The Treasurer of State is hereby	24930
authorized to issue and sell in accordance with Section 2i of	24931
Article VIII, Ohio Constitution, and Chapter 154. of the Revised	24932
Code, particularly section 154.20 of the Revised Code, original	24933
obligations in an aggregate principal amount not to exceed	24934
$128,000,000 in addition to the original issuance of obligations	24935
heretofore authorized by prior acts of the General Assembly. These	24936
authorized obligations shall be issued, subject to applicable	24937
constitutional and statutory limitations, to pay costs of capital	24938
facilities as defined in section 154.01 of the Revised Code for	24939
mental hygiene and retardation.	24940

Section 233.10. The items set forth in the sections of this	24941
act prefixed with the section number "233" are hereby appropriated	24942
out of any moneys in the state treasury to the credit of the	24943
Higher Education Improvement Fund (Fund 7034) that are not	24944
otherwise appropriated.	24945

Appropriations

Section 233.10.10. ETC ETECH OHIO

24946

C37403	OGT Camera and Cabling Replacement	$	725,000	24947
C37404	Digital Conversion	$	525,000	24948
C37405	Digital Conversion for Public Television	$	9,000,000	24949
Total eTech Ohio		$	10,250,000	24950

Appropriations

Section 233.20.10. BOARD OF REGENTS AND STATE INSTITUTIONS OF	24952
HIGHER EDUCATION	24953

BOR BOARD OF REGENTS	24954

C23501	Ohio Supercomputer Center Expansion	$	2,000,000	24955
C23502	Research Facility Action and Investment Funds	$	5,500,000	24956
C23506	Third Frontier Wright Capital	$	100,000,000	24957
C23516	Ohio Library and Information Network	$	9,910,000	24958
C23519	315 Corridor/SciTech	$	500,000	24959
C23524	Supplemental Renovations - Library Depositories	$	5,500,000	24960
C23529	Non-credit Job Training Facilities	$	2,350,000	24961
C23530	Technology Initiatives	$	3,741,000	24962
C23531	Ohio Aerospace Institute	$	200,000	24963
C23532	Dark Fiber/OARnet	$	2,000,000	24964
C23533	Instructional and Data Processing Equipment	$	20,799,000	24965
C23534	Central State Student Activity Center	$	14,000,000	24966
C23535	CWRU Energy Center	$	333,333	24967
Total Board of Regents		$	166,833,333	24968

Section 233.20.20. RESEARCH FACILITY ACTION AND INVESTMENT	24970
FUNDS	24971

The foregoing appropriation item C23502, Research Facility	24972
Action and Investment Funds, shall be used for a program of grants	24973
to be administered by the Board of Regents to provide timely	24974
availability of capital facilities for research programs and	24975
research-oriented instructional programs at or involving	24976
state-supported and state-assisted institutions of higher	24977
education.	24978

Section 233.20.30. THIRD FRONTIER WRIGHT CAPITAL

24979

The foregoing appropriation item C23506, Third Frontier	24980
Wright Capital, shall be used to acquire, renovate, or construct	24981
facilities and purchase equipment for research programs,	24982
technology development, product development, and commercialization	24983
programs at or involving state-supported and state-assisted	24984
institutions of higher education. The funds shall be used to make	24985
grants, which shall be awarded on a competitive basis, and shall	24986
be administered by the Third Frontier Commission. Expenditure of	24987
these funds shall comply with Section 2n of Article VIII, Ohio	24988
Constitution, and sections 151.01 and 151.04 of the Revised Code	24989
and shall be for the period beginning July 1, 2008, and ending	24990
June 30, 2010.	24991

The Third Frontier Commission shall develop guidelines	24992
relative to the application for and selection of projects funded	24993
from appropriation item C23506, Third Frontier Wright Capital.	24994
The Commission may develop the guidelines in consultation with	24995
other interested parties. The Board of Regents and all	24996
state-assisted and state-supported institutions of higher	24997
education shall take all actions necessary to implement grants	24998
awarded by the Third Frontier Commission.	24999

The foregoing appropriation item C23506, Third Frontier	25000
Wright Capital, consists of proceeds of obligations in the Higher	25001
Education Improvement Fund (Fund 7034) that are to be applied to	25002
capital improvements and capital facilities for state-supported	25003
and state-assisted institutions of higher education.	25004

Appropriations

Section 233.30.10. UAK UNIVERSITY OF AKRON

25005

C25000	Basic Renovations	$	5,056,161	25006
C25002	Wayne College Renovations/Expansion	$	258,182	25007
C25033	Polymer Processing Center - Phase II	$	7,363,281	25008
C25038	College of Education	$	5,000,000	25009
C25039	Campus Implementation	$	1,452,047	25010
C25040	Replacement of Gym Floor	$	150,000	25011
C25041	Maintenance Building	$	250,000	25012
C25042	Property Management Projects	$	150,000	25013
C25043	Akron Canton Regional Foodbank	$	200,000	25014
C25044	Hiram College James A. Garfield Institute	$	500,000	25015
Total University of Akron		$	20,379,671	25016

Appropriations

Section 233.30.20. BGU BOWLING GREEN STATE UNIVERSITY

25018

C24000	Basic Renovations	$	4,354,164	25019
C24001	Basic Renovations - Firelands	$	298,536	25020
C24021	Fine Art and Theater Complex	$	6,116,000	25021
C24037	Academic Buildings Rehabilitation	$	6,857,801	25022
C24038	Health Sciences Building	$	934,363	25023
C24039	Wood County Health District Facility	$	1,200,000	25024
C24040	James H. McBride Arboretum at BGSU Firelands	$	378,000	25025
Total Bowling Green University		$	20,138,864	25026

Appropriations

Section 233.30.30. CSU CENTRAL STATE UNIVERSITY

25028

C25500	Basic Renovations	$	1,100,972	25029
C25503	Center for Education & Natural Sciences	$	1,000,000	25030
C25507	Campus Master Plan	$	500,000	25031
C25508	Emery Hall	$	545,746	25032
Total Central State University		$	3,146,718	25033

Appropriations

Section 233.30.40. UCN UNIVERSITY OF CINCINNATI

25034

C26500	Basic Renovations	$	10,720,621	25035
C26501	Basic Renovations - Clermont	$	326,112	25036
C26502	Raymond Walters Renovations	$	501,195	25037
C26530	Medical Science Building Renovation & Expansion	$	26,412,509	25038
C26607	Consolidated Communication Project of Clermont County	$	400,000	25039
C26612	Clermont Renovations	$	751,132	25040
C26613	New Building	$	1,582,233	25041
C26614	Barrett Cancer Center	$	1,500,000	25042
C26615	Beech Acres	$	125,000	25043
C26616	Forest Park Homeland Security Facility	$	50,000	25044
C26617	Health Care Connection - Lincoln Heights	$	150,000	25045
C26618	People Working Cooperatively	$	120,000	25046
C26619	Sharonville Convention Center	$	950,000	25047
C26620	Society for the Prevention of Cruelty to Animals - Facility	$	100,000	25048
C26621	Mayerson Center	$	200,000	25049
Total University of Cincinnati		$	43,888,802	25050

Appropriations

Section 233.30.50. CLS CLEVELAND STATE UNIVERSITY

25052

C26000	Basic Renovations	$	6,431,121	25053
C26035	Cleveland Institute of Art	$	500,000	25054
C26048	Rhodes Tower Renovation	$	4,030,166	25055
C26049	Basic Science Building HVAC and Electrical Upgrade	$	1,125,000	25056
C26050	Law Building Renovation	$	3,500,000	25057
C26051	Cleveland Hearing and Speech Center	$	50,000	25058
C26052	University Hospitals Ireland Cancer Center	$	3,000,000	25059
Total Cleveland State University		$	18,636,287	25060

Appropriations

Section 233.30.60. KSU KENT STATE UNIVERSITY

25062

C27000	Basic Renovations	$	5,220,323	25063
C27002	Basic Renovations - East Liverpool	$	177,231	25064
C27004	Basic Renovations - Salem	$	136,423	25065
C27005	Basic Renovations - Stark	$	491,417	25066
C27006	Basic Renovations - Ashtabula	$	281,425	25067
C27007	Basic Renovations - Trumbull	$	463,939	25068
C27008	Basic Renovations - Tuscarawas	$	310,510	25069
C27072	Gym Renovations for Health Sciences, Construction Phase	$	486,469	25070
C27076	Performing Arts Center	$	933,027	25071
C27087	Electrical Infrastructure Improvements	$	1,407,000	25072
C27088	Oscar Ritchie Hall Rehabilitation	$	6,715,000	25073
C27090	Music and Speech Center Renovations/Addition	$	5,781,158	25074
C27093	Science and Nursing Building	$	1,600,286	25075
C27096	Blossom Music Center	$	1,000,000	25076
C270A5	Basic Renovations - Geauga	$	93,152	25077
C270A6	Main Hall Renovations	$	768,084	25078
C270A7	Classroom Building Interior Renovations, Phase 2	$	333,435	25079
C270A8	Classroom Building HVAC and Energy Conservation Improvements	$	259,027	25080
C270A9	Art Building Roof Replacement	$	1,000,000	25081
C270B0	Classroom Building Interior Renovations	$	854,608	25082
C270B1	University Hospitals Geauga Medical Center	$	1,000,000	25083
C270B2	Cleveland Orchestra - Severance Hall	$	750,000	25084
Total Kent State University		$	30,062,514	25085

Appropriations

Section 233.30.70. MUN MIAMI UNIVERSITY

25087

C28500	Basic Renovations	$	5,615,288	25088
C28502	Basic Renovations - Hamilton	$	686,759	25089
C28503	Basic Renovations - Middletown	$	588,815	25090
C28556	Upham Hall North Wing Rehabilitation	$	3,600,000	25091
C28559	Academic/Administrative & General Improvement Projects	$	1,153,217	25092
C28560	Academic/Administrative & General Improvement Projects	$	1,286,226	25093
C28564	Laws Hall Rehabilitation	$	6,250,000	25094
C28565	Hughes Hall "C" Wing (design)	$	700,000	25095
C28566	Western Steam Distribution Project	$	1,500,000	25096
Total Miami University		$	21,380,305	25097

Appropriations

Section 233.30.80. OSU OHIO STATE UNIVERSITY

25099

C31500	Basic Renovations	$	22,999,842	25100
C31598	Main Library Rehabilitation/Expansion	$	8,660,000	25101
C315R4	Founders Hall and Hopewell Hall Renovations	$	1,003,812	25102
C315R7	Stone Lab Classroom Improvements	$	250,000	25103
C315T4	Basic Renovations - Agricultural Technical Institute	$	623,680	25104
C315T5	Basic Renovations - Lima	$	311,913	25105
C315T6	Basic Renovations - Mansfield	$	374,760	25106
C315T7	Basic Renovations - Marion	$	312,878	25107
C315T8	Basic Renovations - Newark	$	361,499	25108
C315T9	Basic Renovations - OARDC	$	2,118,042	25109
C315U0	Horticultural Operations Center	$	6,855,787	25110
C315U1	New Maintenance Facility	$	2,000,000	25111
C315U2	Academic Core - North	$	37,756,725	25112
C315U3	Cunz Hall Renovation	$	6,540,000	25113
C315U4	College of Medicine Renovation/Addition	$	6,000,000	25114
C315U5	Animal & Plant Biology Level 3 Isolate Facility	$	6,220,796	25115
C315U7	Nationwide Children's Hospital Capital Equipment	$	2,500,000	25116
C315U8	OSU African American & African Studies Community Center	$	750,000	25117
C315U9	Flying Horse Pediatric Facility	$	250,000	25118
Total Ohio State University		$	105,889,734	25119

Appropriations

Section 233.30.90. OHU OHIO UNIVERSITY

25121

C30000	Basic Renovations	$	5,043,296	25122
C30004	Basic Renovations - Eastern	$	218,674	25123
C30006	Basic Renovations - Zanesville	$	297,309	25124
C30007	Basic Renovations - Chillicothe	$	266,629	25125
C30008	Basic Renovations - Ironton	$	232,932	25126
C30021	Brasee Hall Library/Gymnasium Renovation	$	801,485	25127
C30048	Clippinger Laboratory Renovation - 2nd & 3rd Floors	$	3,400,000	25128
C30051	Lausche Heating Plant Completion	$	4,410,000	25129
C30053	Parking and Roadway Improvements	$	502,542	25130
C30058	Integrated Learning and Research Facility	$	9,000,000	25131
C30062	Shannon Hall Interior Renovations - Learning Commons	$	609,112	25132
C30064	Stevenson Center Learning Commons	$	500,000	25133
C30069	Elson Hall 2nd Floor Partial Renovation	$	1,129,666	25134
C30073	Land Acquisition	$	170,830	25135
C30074	Basic Renovations - Lancaster	$	306,577	25136
C30075	Infrastructure Improvements	$	1,900,000	25137
C30076	Campus Entry & Grounds Improvements	$	325,000	25138
C30077	Academic Building Laboratory & Classroom Renovation Planning	$	58,491	25139
C30078	OU Southern Proctorville Campus Upgrades	$	50,000	25140
C30079	OU Southern Horse Park	$	325,000	25141
Total Ohio University		$	29,547,543	25142

Appropriations

Section 233.33.10. SSC SHAWNEE STATE UNIVERSITY

25144

C32400	Basic Renovations	$	1,036,884	25145
C32415	Land Acquisition	$	200,000	25146
C32423	Administration Building Renovation	$	1,443,831	25147
Total Shawnee State University		$	2,680,715	25148

Appropriations

Section 233.33.20. UTO UNIVERSITY OF TOLEDO

25150

C34000	Basic Renovations	$	5,800,643	25151
C34033	CBLE - Stranahan Hall Addition	$	4,600,000	25152
C34036	North Engineering Renovation	$	4,750,000	25153
C34038	MCO - Core Research Facility	$	1,800,000	25154
C34040	MCO - Clinical Academic Renovation	$	900,000	25155
C34041	MCO - Resource & Community Learning Center	$	900,000	25156
C34044	Campus Infrastructure Improvements	$	3,750,000	25157
C34045	Building Demolition	$	1,400,000	25158
C34046	MCO - Basic Renovations	$	2,013,792	25159
C34047	Center for Legal Justice	$	1,000,000	25160
C34048	Mercy College Technology and Infomatics Center	$	225,000	25161
Total University of Toledo		$	27,139,435	25162

Appropriations

Section 233.33.30. WSU WRIGHT STATE UNIVERSITY

25164

C27500	Basic Renovations	$	3,759,018	25165
C27501	Basic Renovations - Lake	$	132,481	25166
C27513	Science Laboratory Renovations	$	8,521,508	25167
C27526	Lake Campus Rehabilitation and Addition	$	461,750	25168
C27527	Advanced Technical Intelligence Center (ATIC)	$	2,500,000	25169
C27533	Auditorium/Classroom Upgrades	$	1,084,769	25170
C27534	Student Academic Success Center Renovation	$	250,000	25171
C27535	Air Force Advanced Manufacturing Facility	$	1,500,000	25172
C27536	Nursing Institute Facility	$	500,000	25173
C27537	Calamityville Lab Facilities (WPAFB)	$	3,000,000	25174
Total Wright State University		$	21,709,526	25175

Appropriations

Section 233.33.40. YSU YOUNGSTOWN STATE UNIVERSITY

25177

C34500	Basic Renovations	$	3,473,188	25178
C34518	Building System Upgrades	$	624,834	25179
C34523	Campus Development	$	1,500,000	25180
C34524	Instructional Space Upgrades	$	850,000	25181
C34525	College of Business	$	5,100,000	25182
C34526	Trumbull County Business Incubator	$	500,000	25183
Total Youngstown State University		$	12,048,022	25184

Appropriations

Section 233.33.50. NEM NORTHEASTERN OHIO UNIVERSITIES COLLEGE	25186
OF MEDICINE	25187

C30500	Basic Renovations	$	637,463	25188
C30517	Building Expansion Sitework	$	1,473,952	25189
Total Northeastern Ohio Universities College of Medicine		$	2,111,415	25190

Appropriations

Section 233.40.10. CTC CINCINNATI STATE COMMUNITY COLLEGE

25192

C36101	Basic Renovations	$	1,255,923	25193
C36107	Classroom Upgrade Project	$	270,000	25194
C36113	Freestore Food Bank	$	100,000	25195
C36114	Lot C Parking Lot	$	250,000	25196
C36115	Ceiling Replacement	$	75,000	25197
C36116	Electrical Surge Protection	$	100,000	25198
C36117	Campus Signage	$	75,000	25199
C36118	Window and Garage Doors	$	175,659	25200
C36119	Window Replacement	$	100,000	25201
C36120	Blue Ash City Conference Center	$	150,000	25202
C36121	Hebrew Union College Archives	$	185,000	25203
Total Cincinnati State Community College		$	2,736,582	25204

Appropriations

Section 233.40.20. CLT CLARK STATE COMMUNITY COLLEGE

25206

C38512	Basic Renovations	$	536,990	25207
C38513	Clark State Arts Center	$	300,000	25208
C38514	Center City Park in Springfield - Phase II	$	1,500,000	25209
Total Clark State Community College		$	2,336,990	25210

Appropriations

Section 233.40.30. CTI COLUMBUS STATE COMMUNITY COLLEGE

25212

C38400	Basic Renovations	$	1,691,834	25213
C38411	Columbus Hall Renovation	$	5,470,913	25214
C38412	Painters Apprenticeship Council	$	500,000	25215
C38413	Jewish Community Center NE Initiative	$	575,000	25216
C38414	Somali Community Center	$	100,000	25217
Total Columbus State Community College		$	8,337,747	25218

Appropriations

Section 233.40.40. CCC CUYAHOGA COMMUNITY COLLEGE

25220

C37800	Basic Renovations	$	3,482,709	25221
C37807	Cleveland Museum of Art	$	3,000,000	25222
C37818	Health Care Technology Building, Eastern Campus	$	9,775,889	25223
C37824	Rock and Roll Hall of Fame	$	1,000,000	25224
C37829	College of Podiatric Medicine	$	250,000	25225
C37830	Cuyahoga Community College Auto Lab Improvements	$	50,000	25226
C37831	Visiting Nurse Association	$	150,000	25227
C37832	Western Reserve Hospice Center	$	100,000	25228
Total Cuyahoga Community College		$	17,808,598	25229

Appropriations

Section 233.40.50. ESC EDISON STATE COMMUNITY COLLEGE

25231

C39000		Basic Renovations		$	688,818		25232
Total Edison State Community College				$	688,818		25233

Appropriations

Section 233.40.60. JTC JEFFERSON COMMUNITY COLLEGE

25235

C38600	Basic Renovations	$	269,043	25236
C39608	Second Floor Pugliese Training Center	$	887,025	25237
Total Jefferson Community College		$	1,156,068	25238

Appropriations

Section 233.40.70. LCC LAKELAND COMMUNITY COLLEGE

25240

C37900	Basic Renovations	$	1,132,835	25241
C37912	C Building East End	$	1,896,964	25242
Total Lakeland Community College		$	3,029,799	25243

Appropriations

Section 233.40.80. LOR LORAIN COMMUNITY COLLEGE

25245

C38300	Basic Renovations	$	1,275,420	25246
C38307	CC Rehabilitation - Student Center	$	3,572,633	25247
Total Lorain Community College		$	4,848,053	25248

Appropriations

Section 233.40.90. NTC NORTHWEST STATE COMMUNITY COLLEGE

25250

C38200	Basic Renovations	$	104,798	25251
C38205	Allied Health and Public Service Building	$	1,093,249	25252
C38206	Fulton County Wind Project	$	250,000	25253
Total Northwest State Community College		$	1,448,047	25254

Appropriations

Section 233.43.10. OTC OWENS COMMUNITY COLLEGE

25256

C38800	Basic Renovations	$	1,778,419	25257
C38813	Energy Management Infrastructure	$	2,000,000	25258
C38814	Required and Code Compliance Renovations for Penta Campus	$	2,500,000	25259
Total Owens Community College		$	6,278,419	25260

Appropriations

Section 233.43.20. RGC RIO GRANDE COMMUNITY COLLEGE

25262

C35600	Basic Renovations	$	495,799	25263
C35606	Louvee Theater Project	$	450,000	25264
Total Rio Grande Community College		$	945,799	25265

Appropriations

Section 233.43.30. SCC SINCLAIR COMMUNITY COLLEGE

25267

C37700	Basic Renovations	$	2,518,446	25268
C37709	National Composite Center	$	750,000	25269
C37710	Greentree Health Science Academy	$	1,000,000	25270
Total Sinclair Community College		$	4,268,446	25271

Appropriations

Section 233.43.40. SOC SOUTHERN STATE COMMUNITY COLLEGE

25273

C32200	Basic Renovations	$	404,599	25274
C32204	Laboratory and Classroom Building	$	100,000	25275
Total Southern State Community College		$	504,599	25276

Appropriations

Section 233.43.50. TTC TERRA STATE COMMUNITY COLLEGE

25278

C36400	Basic Renovations	$	368,589	25279
C36407	Skilled Trades Center	$	3,250,000	25280
C36408	Herbert Perna Center for Physical Health Studies	$	375,000	25281
Total Terra State Community College		$	3,993,589	25282

Appropriations

Section 233.43.60. WTC WASHINGTON STATE COMMUNITY COLLEGE

25284

C35800	Basic Renovations	$	328,895	25285
C35810	Health Science Education Facility	$	250,000	25286
Total Washington State Community College		$	578,895	25287

Appropriations

Section 233.50.10. BTC BELMONT TECHNICAL COLLEGE

25289

C36800		Basic Renovations		$	243,300		25290
Total Belmont Technical College				$	243,300		25291

Appropriations

Section 233.50.20. COT CENTRAL OHIO TECHNICAL COLLEGE

25293

C36900	Basic Renovations	$	306,291	25294
C36905	Founders Hall and Hopewell Hall Renovations	$	879,000	25295
C36907	COTC Expansion in Mt. Vernon	$	700,000	25296
Total Central Ohio Technical College		$	1,885,291	25297

Appropriations

Section 233.50.30. HTC HOCKING TECHNICAL COLLEGE

25299

C36300	Basic Renovations	$	654,837	25300
C36310	McClenaghan Center for Hospitality Training	$	1,400,000	25301
C36312	Energy Institute	$	300,226	25302
C36313	Perry County Community Health Center at Hocking College	$	200,000	25303
C36314	New Lexington Public Safety Training Facility	$	750,000	25304
Total Hocking Technical College		$	3,305,063	25305

Appropriations

Section 233.50.40. LTC JAMES RHODES STATE COLLEGE

25307

C38100	Basic Renovations	$	435,403	25308
C38110	Design Planning for Center of Excellence for Health Sciences	$	919,365	25309
Total James Rhodes State College		$	1,354,768	25310

Appropriations

Section 233.50.50. MTC MARION TECHNICAL COLLEGE

25312

C35900	Basic Renovations	$	139,497	25313
C35905	Technical Education Center Vacated Space Renovations	$	576,136	25314
Total Marion Technical College		$	715,633	25315

Appropriations

Section 233.50.60. MAT ZANE STATE COLLEGE

25317

C36200	Basic Renovations	$	294,447	25318
C36205	Willett-Pratt Training Center Expansion	$	250,000	25319
C36207	College & Health Science Halls ESI Project, Phase II	$	500,000	25320
Total Zane State College		$	1,044,447	25321

Appropriations

Section 233.50.70. NCC NORTH CENTRAL TECHNICAL COLLEGE

25323

C38000	Basic Renovations	$	552,097	25324
C38010	North Central State College Kehoe Center	$	585,000	25325
C38011	North Central State College Fallerius Technology Center	$	150,000	25326
Total North Central Technical College		$	1,287,097	25327

Appropriations

Section 233.50.80. STC STARK TECHNICAL COLLEGE

25329

C38900	Basic Renovations	$	786,333	25330
C38913	Business Technologies Building	$	2,034,537	25331
C38914	Corporate and Community Services Facility	$	500,000	25332
Total Stark Technical College		$	3,320,870	25333
Total Board of Regents and				25334
Institutions of Higher Education		$	597,709,802	25335
TOTAL Higher Education Improvement Fund		$	607,959,802	25336

Section 233.60.10. DEBT SERVICE FORMULA ALLOCATION

25338

Based on the foregoing appropriations from the Higher	25339
Education Improvement Fund (Fund 7034), the following higher	25340
education institutions shall be responsible for the specified	25341
amounts as part of the debt service component of the instructional	25342
subsidy beginning in fiscal year 2010:	25343

INSTITUTION		AMOUNT	25344
University of Akron	$	13,355,046	25345
University of Akron - Wayne	$	627,584	25346
Bowling Green State University	$	12,482,535	25347
Bowling Green State University - Firelands	$	942,492	25348
Central State University	$	2,045,746	25349
University of Cincinnati	$	26,412,509	25350
University of Cincinnati - Clermont	$	751,132	25351
University of Cincinnati - Walters	$	1,582,233	25352
Cleveland State University	$	10,760,269	25353
Kent State University	$	14,903,158	25354
Kent State University - Ashtabula	$	812,835	25355
Kent State University - East Liverpool	$	333,435	25356
Kent State University - Geauga	$	259,027	25357
Kent State University - Salem	$	486,469	25358
Kent State University - Stark	$	1,600,286	25359
Kent State University - Trumbull	$	854,608	25360
Kent State University - Tuscarawas	$	933,027	25361
Miami University	$	13,042,402	25362
Miami University - Hamilton	$	1,324,456	25363
Miami University - Middletown	$	1,405,890	25364
Ohio State University	$	58,956,725	25365
Ohio State University - ATI	$	6,855,787	25366
Ohio State University - Lima	$	2,000,000	25367
Ohio State University - Newark	$	1,030,695	25368
Ohio State University - OARDC	$	6,220,796	25369
Ohio University	$	17,406,578	25370
Ohio University - Eastern	$	609,112	25371
Ohio University - Chillicothe	$	1,002,542	25372
Ohio University - Southern	$	554,321	25373
Ohio University - Lancaster	$	801,485	25374
Ohio University - Zanesville	$	1,129,666	25375
Shawnee State University	$	1,643,831	25376
University of Toledo	$	17,839,425	25377
Wright State University	$	9,856,277	25378
Wright State University - Lake	$	461,750	25379
Youngstown State University	$	8,144,264	25380
Northeastern Ohio Universities College of Medicine	$	1,542,025	25381
Cincinnati State Community College	$	924,024	25382
Columbus State Community College	$	5,470,913	25383
Cuyahoga Community College	$	9,775,889	25384
Edison State Community College	$	373,982	25385
Jefferson Community College	$	874,547	25386
Lakeland Community College	$	2,529,285	25387
Lorain County Community College	$	3,572,633	25388
Northwest State Community College	$	848,720	25389
Owens Community College	$	4,449,028	25390
Terra State Community College	$	3,250,000	25391
Central Ohio Technical College	$	907,644	25392
Hocking Technical College	$	1,700,226	25393
James Rhodes State Technical College	$	919,365	25394
Marion Technical College	$	576,136	25395
Zane State College	$	701,703	25396
North Central Technical College	$	435,000	25397
Stark Technical College	$	1,844,168	25398

Institutions not listed above do not have a debt service	25399
obligation as a result of these appropriations.	25400

Within sixty days after the effective date of this section,	25401
any institution of higher education may notify the Board of	25402
Regents of its intention not to proceed with any project	25403
appropriated in this act. Upon receiving such a notification, the	25404
Board of Regents may release the institution from its debt service	25405
obligation for the specific project.	25406

Section 233.60.20. For all of the foregoing appropriation	25407
items from the Higher Education Improvement Fund (Fund 7034) that	25408
require local funds to be contributed by any state-supported or	25409
state-assisted institution of higher education, the Board of	25410
Regents shall not recommend that any funds be released until the	25411
recipient institution demonstrates to the Board of Regents and the	25412
Office of Budget and Management that the local funds contribution	25413
requirement has been secured or satisfied. The local funds are in	25414
addition to the foregoing appropriations.	25415

Section 233.60.30. The Ohio Public Facilities Commission is	25416
hereby authorized to issue and sell, in accordance with Section 2n	25417
of Article VIII, Ohio Constitution, and Chapter 151. and	25418
particularly sections 151.01 and 151.04 of the Revised Code,	25419
original obligations in an aggregate principal amount not to	25420
exceed $606,000,000, in addition to the original issuance of	25421
obligations heretofore authorized by prior acts of the General	25422
Assembly. These authorized obligations shall be issued, subject to	25423
applicable constitutional and statutory limitations, to pay costs	25424
of capital facilities as defined in sections 151.01 and 151.04 of	25425
the Revised Code for state-supported and state-assisted	25426
institutions of higher education.	25427

Section 233.60.40. None of the foregoing capital	25428
improvements appropriations for state-supported or state-assisted	25429
institutions of higher education shall be expended until the	25430
particular appropriation has been recommended for release by the	25431
Board of Regents and released by the Director of Budget and	25432
Management or the Controlling Board. Either the institution	25433
concerned, or the Board of Regents with the concurrence of the	25434
institution concerned, may initiate the request to the Director	25435
of Budget and Management or the Controlling Board for the release	25436
of the particular appropriations.	25437

Section 233.60.50. (A) No capital improvement appropriations	25438
made in sections of this act prefixed with the section number	25439
"233" shall be released for planning or for improvement,	25440
renovation, construction, or acquisition of capital facilities if	25441
the institution of higher education or the state does not own the	25442
real property on which the capital facilities are or will be	25443
located. This restriction does not apply in any of the following	25444
circumstances:	25445

(1) The institution has a long-term (at least fifteen years)	25446
lease of, or other interest (such as an easement) in, the real	25447
property.	25448

(2) The Board of Regents certifies to the Controlling Board	25449
that undue delay will occur if planning does not proceed while the	25450
property or property interest acquisition process continues. In	25451
this case, funds may be released upon approval of the Controlling	25452
Board to pay for planning through the development of schematic	25453
drawings only.	25454

(3) In the case of an appropriation for capital facilities	25455
that, because of their unique nature or location, will be owned or	25456
will be part of facilities owned by a separate nonprofit	25457
organization or public body and will be made available to the	25458
institution of higher education for its use, the nonprofit	25459
organization or public body either owns or has a long-term (at	25460
least fifteen years) lease of the real property or other capital	25461
facility to be improved, renovated, constructed, or acquired and	25462
has entered into a joint or cooperative use agreement with the	25463
institution of higher education that meets the requirements of	25464
division (C) of this section.	25465

(B) Any foregoing appropriations that require cooperation	25466
between a technical college and a branch campus of a university	25467
may be released by the Controlling Board upon recommendation by	25468
the Board of Regents that the facilities proposed by the	25469
institutions are:	25470

(1) The result of a joint planning effort by the university	25471
and the technical college, satisfactory to the Board of Regents;	25472

(2) Facilities that will meet the needs of the region in	25473
terms of technical and general education, taking into	25474
consideration the totality of facilities that will be available	25475
after the completion of the projects;	25476

(3) Planned to permit maximum joint use by the university and	25477
technical college of the totality of facilities that will be	25478
available upon their completion; and	25479

(4) To be located on or adjacent to the branch campus of the	25480
university.	25481

(C) The Board of Regents shall adopt rules regarding the	25482
release of moneys from all the foregoing appropriations for	25483
capital facilities for all state-supported or state-assisted	25484
institutions of higher education. In the case of capital	25485
facilities referred to in division (A)(3) of this section, the	25486
joint or cooperative use agreements shall include, as a minimum,	25487
provisions that:	25488

(1) Specify the extent and nature of that joint or	25489
cooperative use, extending for not fewer than fifteen years, with	25490
the value of such use or right to use to be, as is determined by	25491
the parties and approved by the Board of Regents, reasonably	25492
related to the amount of the appropriations;	25493

(2) Provide for pro rata reimbursement to the state should	25494
the arrangement for joint or cooperative use be terminated;	25495

(3) Provide that procedures to be followed during the capital	25496
improvement process will comply with appropriate applicable state	25497
statutes and rules, including the provisions of this act; and	25498

(4) Provide for payment or reimbursement to the institution	25499
of its administrative costs incurred as a result of the facilities	25500
project, not to exceed 1.5 per cent of the appropriated amount.	25501

(D) Upon the recommendation of the Board of Regents, the	25502
Controlling Board may approve the transfer of appropriations for	25503
projects requiring cooperation between institutions from one	25504
institution to another institution with the approval of both	25505
institutions.	25506

(E) Notwithstanding section 127.14 of the Revised Code, the	25507
Controlling Board, upon the recommendation of the Board of	25508
Regents, may transfer amounts appropriated to the Board of Regents	25509
to accounts of state-supported or state-assisted institutions	25510
created for that same purpose.	25511

Section 233.60.60. The requirements of Chapters 123. and	25512
153. of the Revised Code, with respect to the powers and duties of	25513
the Director of Administrative Services, and the requirements of	25514
section 127.16 of the Revised Code, with respect to the	25515
Controlling Board, do not apply to projects of community college	25516
districts, which include Cuyahoga Community College, Jefferson	25517
Community College, Lakeland Community College, Lorain Community	25518
College, Rio Grande Community College, and Sinclair Community	25519
College; and technical college districts, which include Belmont	25520
Technical College, Central Ohio Technical College, Hocking	25521
Technical College, James Rhodes State College, Marion Technical	25522
College, Zane State College, North Central Technical College, and	25523
Stark Technical College.	25524

Section 233.60.70. Those institutions locally administering	25525
capital improvement projects pursuant to section 3345.50 of the	25526
Revised Code may:	25527

(A) Establish charges for recovering costs directly related	25528
to project administration as defined by the Director of	25529
Administrative Services. The Department of Administrative Services	25530
shall review and approve these administrative charges when the	25531
charges are in excess of 1.5 per cent of the total construction	25532
budget.	25533

(B) Seek reimbursement from state capital appropriations to	25534
the institution for the in-house design services performed by the	25535
institution for the capital projects. Acceptable charges are	25536
limited to design document preparation work that is done by the	25537
institution. These reimbursable design costs shall be shown as	25538
"A/E fees" within the project's budget that is submitted to the	25539
Controlling Board or the Director of Budget and Management as part	25540
of a request for release of funds. The reimbursement for in-house	25541
design shall not exceed seven per cent of the estimated	25542
construction cost.	25543

Section 235.10. The items set forth in this section are	25544
hereby appropriated out of any moneys in the state treasury to the	25545
credit of the Parks and Recreation Improvement Fund (Fund 7035)	25546
that are not otherwise appropriated.	25547

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	25548

C725A0	State Parks, Campgrounds, Cabins, & Lodges	$	5,150,000	25549
C725A9	Park Boating Facilities - Shawnee Marina	$	1,000,000	25550
C725B8	Upgrade Underground Fuel Storage Tanks - Statewide	$	250,000	25551
C725E2	Local Parks Projects	$	25,552,333	25552
C725E6	Project Planning	$	500,000	25553
C725L8	Statewide Trails Program - Hocking Hills Trails Rehabilitation Phase II	$	1,000,000	25554
C725M5	Middle Bass Island State Park - Marina	$	4,000,000	25555
C725N0	Handicapped Accessibility - Statewide	$	100,000	25556
C725N4	Hazardous Waste/Asbestos Abatement - Statewide	$	150,000	25557
C725N6	Statewide Wastewater/Water Systems Upgrade	$	3,000,000	25558
C725R3	State Park Renovations/Upgrading - Statewide Beach Bath House Replacement	$	1,000,000	25559
Total Department of Natural Resources		$	41,702,333	25560
TOTAL Parks and Recreation Improvement Fund		$	41,702,333	25561

FEDERAL REIMBURSEMENT

25562

All reimbursements received from the federal government for	25563
any expenditures made pursuant to this section shall be deposited	25564
in the state treasury to the credit of the Parks and Recreation	25565
Improvement Fund (Fund 7035).	25566

LOCAL PARKS PROJECTS

25567

Of the foregoing appropriation item C725E2, Local Parks	25568
Projects, an amount equal to two per cent of the projects listed	25569
may be used by the Department of Natural Resources for the	25570
administration of local projects, $3,050,000 shall be used for the	25571
Scioto Mile Development, $2,000,000 shall be used for the	25572
Riverfront Park, $2,000,000 shall be used for the Goodyear Park,	25573
$1,090,000 shall be used for the Sterling Park, $1,000,000 shall	25574
be used for the Little Miami Trail extension - Hamilton County	25575
Park District, $675,000 shall be used for the Anthony Wayne Youth	25576
Foundation Recreation area, $100,000 shall be used for the Euclid	25577
Beach Pier, $500,000 shall be used for the Euclid Marina	25578
Breakwater Project, $500,000 shall be used for the Columbus Crew	25579
Facility - Hilliard, $500,000 shall be used for the Franklin Park	25580
Conservatory, $500,000 shall be used for the Colerain Township	25581
Park, $500,000 shall be used for the Green Township Legacy Place	25582
Park, $475,000 shall be used for the Dublin Emerald Fields Special	25583
Needs Playground, $450,000 shall be used for the Sippo Lake Park	25584
improvements, $400,000 shall be used for the Mentor Beach Park or	25585
Mentor Lagoons Marina, $400,000 shall be used for the Wick	25586
Neighborhood Public Park, $400,000 shall be used for the Wayne	25587
County Rails to Trails Project, $350,000 shall be used by	25588
Franklin County Metro Parks for the Whittier Peninsula Park,	25589
$350,000 shall be used for the Perry Township Park, $333,333 shall	25590
be used for the East Bank of the Flats, $300,000 shall be used for	25591
the New Richmond Park, $300,000 shall be used for the Beavercreek	25592
Wildlife Education Center, $300,000 shall be used for the	25593
Versailles Park Project, $300,000 shall be used for the Madison	25594
Township Park, $284,000 shall be used for the Bike and Pedestrian	25595
Path - SugarTree Corridor, $275,000 shall be used for the	25596
Montville Township Park Project, $250,000 shall be used for the	25597
Grand Lake St. Mary's Shoreline Rip Rap Project, $250,000 shall be	25598
used for the West Chester Beckett Park Improvements, $250,000	25599
shall be used for the City of Strongsville Family Aquatic Center,	25600
$250,000 shall be used for the Reis Park improvements, $250,000	25601
shall be used for the McIntyre Park Hiking and Biking Trails,	25602
$250,000 shall be used for the Circleville Community Park Project,	25603
$250,000 shall be used for the Fremont Area Foundation Park	25604
athletic facilities, $250,000 shall be used for the Alliance Park,	25605
$250,000 shall be used for the Audobon Ohio Nature Center,	25606
$200,000 shall be used for the Maple Heights Pool/Park	25607
improvements, $200,000 shall be used for the Lancaster Community	25608
Parks revitalization, $200,000 shall be used for the Grandview	25609
Yard Public Park, $200,000 shall be used for the Wyoming City	25610
Regional Park, $200,000 shall be used for the Chagrin River	25611
Lakefront Park, $200,000 shall be used for the Aullwood Audobon	25612
Center, $400,000 shall be used for the Austin Pike Project - land	25613
acquisition, $200,000 shall be used for the Mary Virginia Crites	25614
Hammum Community Park, $200,000 shall be used for the Canton Spray	25615
Park, $150,000 shall be used for the Lima Historic Athletic Field,	25616
$150,000 shall be used for the Myers Memorial Bandshell, $150,000	25617
shall be used for the City of Logan Park/Pool improvements,	25618
$150,000 shall be used for the Houston Fisher Memorial Park	25619
improvements, $150,000 shall be used for the Indian Lake State	25620
Park Campground Electrical Improvements, $150,000 shall be used	25621
for the Avon Lake Veterans Park improvements, $125,000 shall be	25622
used for the York Township Park land acquisition, $124,500 shall	25623
be used for the Salt Fork Concession Stand, $100,000 shall be	25624
used for the Monroe Veterans' Memorial Park, $100,000 shall be	25625
used for the Rivers Edge Bikeway, $100,000 shall be used for the	25626
Mayfield Heights Park Facility improvement, $100,000 shall be	25627
used for the Auburn Township Community Park, $100,000 shall be	25628
used for the Kidron Community Park Improvements, $100,000 shall be	25629
used for the Lucas County Marina, $100,000 shall be used for the	25630
Youngstown City Park, $100,000 shall be used for the Salisbury	25631
Township Park improvements/land acquisition, $100,000 shall be	25632
used for the Community Built Playground, $100,000 shall be used	25633
for the Burkes Point Park, $100,000 shall be used for the	25634
Barberton Newton Park, $100,000 shall be used for the Crown Point	25635
Conservation Easement, $100,000 shall be used for the Mudbrook	25636
Trail and Greenway Project, $50,000 shall be used for the	25637
Mahoning River Water Trail, $100,000 shall be used for the	25638
Moonville Rail Trail Project, $100,000 shall be used for the	25639
Springboro Park improvements, $75,000 shall be used for the Ault	25640
Park improvements, $75,000 shall be used for the Willard Soccer	25641
and Football Park Project, $75,000 shall be used for the	25642
Austintown Nature Rooms, $75,000 shall be used for the Meigs	25643
Local Enrichment Project Multi-Purpose Complex, $75,000 shall be	25644
used for the Miracle League facility - Muskingum County, $70,000	25645
shall be used for the City of Nelsonville Park/land acquisition,	25646
$65,000 shall be used for the Village of Jacksonville Park	25647
improvements, $58,500 shall be used by the Greene County Parks and	25648
Recreation Department for Greene County Park improvements, $50,000	25649
shall be used for the Ohio Wildlife Center, $50,000 shall be used	25650
for the Kelley's Island Park Restroom PHASE II, $50,000 shall be	25651
used for the Little League Challenger Field - Cambridge, $50,000	25652
shall be used for the Avon Isle Park improvements, $46,000 shall	25653
be used for the Huntington Township Park Projects, $35,000 shall	25654
be used for the Village of Buchtel Park improvements, $35,000	25655
shall be used for the Village of Syracuse Park improvements,	25656
$30,000 shall be used for the Village of Albany Park improvements,	25657
$30,000 shall be used for the Village of Aberdeen Boat Dock,	25658
$30,000 shall be used for the Village of Hamler Parks improvement,	25659
$25,000 shall be used for the Coshocton Children's Park, $25,000	25660
shall be used for the Alt Park improvements, $25,000 shall be used	25661
for the Cambridge Handicapped Playground, $25,000 shall be used	25662
for the Murray City Community Parks improvement, $25,000 shall be	25663
used for the Marblehead Lighthouse State Park - Replica Life Boat	25664
Station, $25,000 shall be used for the Village of Attica Park	25665
Maintenance, $20,000 shall be used for the Village of Stockport	25666
Park improvements, $15,000 shall be used for the Village of	25667
Salineville Baseball Field, $15,000 shall be used for the City of	25668
Parma Greenbriar Commons Park Walking Trail, $10,000 shall be used	25669
for the Village of Albany Bike Paths, $10,000 shall be used for	25670
the Salem Park Board, $10,000 shall be used for the Village of	25671
Pomeroy Mini Park improvements, $10,000 shall be used for the	25672
Skyvue Outdoor Classroom, and $6,000 shall be used for the	25673
Wadsworth Skate Park.	25674

Section 235.11. For the appropriations in Section 235.10 of	25675
this act, the Department of Natural Resources shall periodically	25676
prepare and submit to the Director of Budget and Management the	25677
estimated design, planning, and engineering costs of	25678
capital-related work to be done by the Department for each	25679
project. Based on the estimates, the Director of Budget and	25680
Management may release appropriations from the foregoing	25681
appropriation item C725E6, Project Planning, within the Parks and	25682
Recreation Improvement Fund (Fund 7035), to pay for design,	25683
planning, and engineering costs incurred by the Department for the	25684
projects. Upon release of the appropriations by the Director of	25685
Budget and Management, the Department shall pay for these	25686
expenses from the Parks Capital Expenses Fund (Fund 2270), and	25687
shall be reimbursed from the Parks and Recreation Improvement	25688
Fund (Fund 7035) using an intrastate voucher.	25689

Section 235.12. The Treasurer of State is hereby authorized	25690
to issue and sell, in accordance with Section 2i of Article VIII,	25691
Ohio Constitution, and Chapter 154. of the Revised Code,	25692
particularly section 154.22 of the Revised Code, original	25693
obligations in an aggregate principal amount not to exceed	25694
$41,000,000, in addition to the original issuance of obligations	25695
heretofore authorized by prior acts of the General Assembly. These	25696
authorized obligations shall be issued, subject to applicable	25697
constitutional and statutory limitations, to pay the costs of	25698
capital facilities for parks and recreation as defined in section	25699
154.01 of the Revised Code.	25700

Section 235.13. (A) No capital improvement appropriations	25701
made in Section 235.10 of this act shall be released for planning	25702
or for improvement, renovation, or construction or acquisition of	25703
capital facilities if a governmental agency, as defined in section	25704
154.01 of the Revised Code, does not own the real property that	25705
constitutes the capital facilities or on which the capital	25706
facilities are or will be located. This restriction does not apply	25707
in any of the following circumstances:	25708

(1) The governmental agency has a long-term (at least fifteen	25709
years) lease of, or other interest (such as an easement) in, the	25710
real property.	25711

(2) In the case of an appropriation for capital facilities	25712
for parks and recreation that, because of their unique nature or	25713
location, will be owned or be part of facilities owned by a	25714
separate nonprofit organization and made available to the	25715
governmental agency for its use or operated by the nonprofit	25716
organization under contract with the governmental agency, the	25717
nonprofit organization either owns or has a long-term (at least	25718
fifteen years) lease of the real property or other capital	25719
facility to be improved, renovated, constructed, or acquired and	25720
has entered into a joint or cooperative use agreement, approved by	25721
the Department of Natural Resources, with the governmental agency	25722
for that agency's use of and right to use the capital facilities	25723
to be financed and, if applicable, improved, the value of such use	25724
or right to use being, as determined by the parties, reasonably	25725
related to the amount of the appropriation.	25726

(B) In the case of capital facilities referred to in division	25727
(A)(2) of this section, the joint or cooperative use agreement	25728
shall include, as a minimum, provisions that:	25729

(1) Specify the extent and nature of that joint or	25730
cooperative use, extending for not fewer than fifteen years, with	25731
the value of such use or right to use to be, as determined by the	25732
parties and approved by the approving department, reasonably	25733
related to the amount of the appropriation;	25734

(2) Provide for pro rata reimbursement to the state should	25735
the arrangement for joint or cooperative use by a governmental	25736
agency be terminated; and	25737

(3) Provide that procedures to be followed during the capital	25738
improvement process will comply with appropriate applicable state	25739
statutes and rules, including the provisions of this act.	25740

Section 237.10. The items set forth in this section are	25741
hereby appropriated out of any moneys in the state treasury to the	25742
credit of the State Capital Improvements Fund (Fund 7038) that	25743
are not otherwise appropriated.	25744

Appropriations

PWC PUBLIC WORKS COMMISSION	25745

C15000	Local Public Infrastructure	$	120,000,000	25746
Total Public Works Commission		$	120,000,000	25747
TOTAL State Capital Improvements Fund		$	120,000,000	25748

The foregoing appropriation item C15000, Local Public	25749
Infrastructure, shall be used in accordance with sections 164.01	25750
to 164.12 of the Revised Code. The Director of the Public Works	25751
Commission may certify to the Director of Budget and Management	25752
that a need exists to appropriate investment earnings to be used	25753
in accordance with sections 164.01 to 164.12 of the Revised Code.	25754
If the Director of Budget and Management determines pursuant to	25755
division (D) of section 164.08 and section 164.12 of the Revised	25756
Code that investment earnings are available to support additional	25757
appropriations, such amounts are hereby appropriated.	25758

If the Public Works Commission receives refunds due to	25759
project overpayments that are discovered during a post-project	25760
audit, the Director of the Public Works Commission may certify to	25761
the Director of Budget and Management that refunds have been	25762
received. In certifying the refunds, the Director of the Public	25763
Works Commission shall provide the Director of Budget and	25764
Management information on the project refunds. The certification	25765
shall detail by project the source and amount of project	25766
overpayments received and include any supporting documentation	25767
required or requested by the Director of Budget and Management.	25768
Upon receipt of the certification, the Director of Budget and	25769
Management shall determine if the project refunds are necessary to	25770
support existing appropriations. If the project refunds are	25771
available to support additional appropriations, these amounts are	25772
hereby appropriated to appropriation item C15030, Revolving Loan.	25773

Section 237.11. The Ohio Public Facilities Commission is	25774
hereby authorized to issue and sell, in accordance with Section 2p	25775
of Article VIII, Ohio Constitution, and sections 151.01 and	25776
151.08 of the Revised Code, original obligations of the state, in	25777
an aggregate principal amount not to exceed $120,000,000, in	25778
addition to the original obligations heretofore authorized by	25779
prior acts of the General Assembly. These authorized obligations	25780
shall be issued and sold from time to time and in amounts	25781
necessary to ensure sufficient moneys to the credit of the State	25782
Capital Improvements Fund (Fund 7038) to pay costs of capital	25783
improvement projects of local subdivisions.	25784

Section 239.10. The items set forth in this section are	25785
hereby appropriated out of any moneys in the state treasury to	25786
the credit of the Clean Ohio Conservation Fund (Fund 7056) that	25787
are not otherwise appropriated.	25788

Appropriations

PWC PUBLIC WORKS COMMISSION	25789

C15060	Clean Ohio Conservation	$	30,000,000	25790
Total Public Works Commission		$	30,000,000	25791
TOTAL Clean Ohio Conservation Fund		$	30,000,000	25792

The foregoing appropriation item C15060, Clean Ohio	25793
Conservation, shall be used in accordance with sections 164.20 to	25794
164.27 of the Revised Code. If the Public Works Commission	25795
receives refunds due to project overpayments that are discovered	25796
during the post-project audit, the Director of the Public Works	25797
Commission may certify to the Director of Budget and Management	25798
that refunds have been received. If the Director of Budget and	25799
Management determines that the project refunds are available to	25800
support additional appropriations, such amounts are hereby	25801
appropriated.	25802

Section 241.10. The items set forth in this section are	25803
hereby appropriated out of any moneys in the state treasury to	25804
the credit of the Clean Ohio Agricultural Easement Fund (Fund	25805
7057) that are not otherwise appropriated.	25806

Appropriations

AGR DEPARTMENT OF AGRICULTURE	25807

C70009	Clean Ohio Agricultural Easements	$	5,000,000	25808
Total Department of Agriculture		$	5,000,000	25809
TOTAL Clean Ohio Agricultural Easement Fund		$	5,000,000	25810

Section 243.10. The items set forth in this section are	25812
hereby appropriated out of any moneys in the state treasury to	25813
the credit of the Clean Ohio Trail Fund (Fund 7061) that are not	25814
otherwise appropriated.	25815

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES	25816

C72514	Clean Ohio Trail - Grants	$	5,000,000	25817
Total Department of Natural Resources		$	5,000,000	25818
TOTAL Clean Ohio Trail Fund		$	5,000,000	25819

Section 243.11. The Ohio Public Facilities Commission is	25821
hereby authorized to issue and sell, in accordance with Section	25822
2o of Article VIII, Ohio Constitution, and pursuant to sections	25823
151.01 and 151.09 of the Revised Code, original obligations of	25824
the state in an aggregate principal amount not to exceed	25825
$40,000,000 in addition to the original issuance of obligations	25826
heretofore authorized by prior acts of the General Assembly.	25827
These authorized obligations shall be issued and sold from time	25828
to time, subject to applicable constitutional and statutory	25829
limitations, as needed to ensure sufficient moneys to the credit	25830
of the Clean Ohio Conservation Fund (Fund 7056), the Clean Ohio	25831
Agricultural Easement Fund (Fund 7057), and the Clean Ohio Trail	25832
Fund (Fund 7061) to pay costs of conservation projects.	25833

Section 245.10. Notwithstanding any provision of law to the	25834
contrary, the Director of Budget and Management, with the written	25835
concurrence of the Director of Public Safety, may transfer cash	25836
temporarily from the Highway Safety Fund (Fund 7036) to the	25837
Highway Safety Building Fund (Fund 7025), and the cash may be	25838
used to fund projects previously appropriated by acts of the	25839
General Assembly. The transfers shall be made for the purpose of	25840
providing cash to support appropriations or encumbrances that	25841
exist on the effective date of this section. At such time as	25842
obligations are issued for Highway Safety Building Fund projects,	25843
the Director of Budget and Management shall transfer from the	25844
Highway Safety Building Fund to the Highway Safety Fund any	25845
amounts originally transferred to the Highway Safety Building	25846
Fund under this section.	25847

Section 247.10. CERTIFICATION OF AVAILABILITY OF MONEYS

25848

Moneys that require release shall not be expended from any	25849
appropriation contained in this act without certification of the	25850
Director of Budget and Management that there are sufficient moneys	25851
in the state treasury in the fund from which the appropriation is	25852
made. Such certification shall be based on estimates of revenue,	25853
receipts, and expenses. Nothing in this section limits the	25854
authority granted to the Director of Budget and Management in	25855
section 126.07 of the Revised Code.	25856

Section 249.10. LIMITATION ON USE OF CAPITAL APPROPRIATIONS

25857

The appropriations made in this act, excluding those made to	25858
the State Capital Improvement Fund (Fund 7038) and the State	25859
Capital Improvements Revolving Loan Fund (Fund 7040) for buildings	25860
or structures, including remodeling and renovations, are limited	25861
to:	25862

(A) Acquisition of real property or interests in real	25863
property;	25864

(B) Buildings and structures, which include construction,	25865
demolition, complete heating, lighting and lighting fixtures, all	25866
necessary utilities, and ventilating, plumbing, sprinkling, and	25867
sewer systems, when such systems are authorized or necessary;	25868

(C) Architectural, engineering, and professional services	25869
expenses directly related to the projects;	25870

(D) Machinery that is a part of structures at the time of	25871
initial acquisition or construction;	25872

(E) Acquisition, development, and deployment of new computer	25873
systems, including the redevelopment or integration of existing	25874
and new computer systems, but excluding regular or ongoing	25875
maintenance or support agreements;	25876

(F) Equipment that meets all the following criteria:

25877

(1) The equipment is essential in bringing the facility up to	25878
its intended use;	25879

(2) The unit cost of the equipment, and not the individual	25880
parts of a unit, is about $100 or more;	25881

(3) The equipment has a useful life of five years or more;	25882
and	25883

(4) The equipment is necessary for the functioning of the	25884
particular facility or project.	25885

Equipment shall not be paid for from these appropriations	25886
that is not an integral part of or directly related to the basic	25887
purpose or function of a project for which moneys are	25888
appropriated. This paragraph does not apply to appropriation items	25889
specifically for equipment.	25890

Section 251.10. CONTINGENCY RESERVE REQUIREMENT

25891

Any request for release of capital appropriations by the	25892
Director of Budget and Management or the Controlling Board of	25893
capital appropriations for projects, the contracts for which are	25894
awarded by the Department of Administrative Services, shall	25895
contain a contingency reserve, the amount of which shall be	25896
determined by the Department of Administrative Services, for	25897
payment of unanticipated project expenses. Any amount deducted	25898
from the encumbrance for a contractor's contract as an assessment	25899
for liquidated damages shall be added to the encumbrance for the	25900
contingency reserve. Contingency reserve funds shall be used to	25901
pay costs resulting from unanticipated job conditions, to comply	25902
with rulings regarding building and other codes, to pay costs	25903
related to errors or omissions in contract documents, to pay costs	25904
associated with changes in the scope of work, and to pay the cost	25905
of settlements and judgments related to the project.	25906

Any funds remaining upon completion of a project may, upon	25907
approval of the Controlling Board, be released for the use of the	25908
agency or instrumentality to which the appropriation was made for	25909
other capital facilities projects.	25910

Section 253.10. AGENCY ADMINISTRATION OF CAPITAL FACILITIES	25911
PROJECTS	25912

Notwithstanding sections 123.01 and 123.15 of the Revised	25913
Code, the Director of Administrative Services may authorize the	25914
Departments of Mental Health, Mental Retardation and Developmental	25915
Disabilities, Agriculture, Job and Family Services, Rehabilitation	25916
and Correction, Youth Services, Public Safety, Transportation, and	25917
the Ohio Veterans' Home to administer any capital facilities	25918
projects, the estimated cost of which, including design fees,	25919
construction, equipment, and contingency amounts, is less than	25920
$1,500,000. Requests for authorization to administer capital	25921
facilities projects shall be made in writing to the Director of	25922
Administrative Services by the applicable state agency within	25923
sixty days after the effective date of the section of law in which	25924
the General Assembly initially makes an appropriation for the	25925
project. Upon the release of funds for the projects by the	25926
Controlling Board or the Director of Budget and Management, the	25927
agency may administer the capital project or projects for which	25928
agency administration has been authorized without the supervision,	25929
control, or approval of the Director of Administrative Services.	25930

A state agency authorized by the Director of Administrative	25931
Services to administer capital facilities projects pursuant to	25932
this section shall comply with the applicable procedures and	25933
guidelines established in Chapter 153. of the Revised Code.	25934

Section 255.10. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	25935
AGAINST THE STATE	25936

Except as otherwise provided in this section, an	25937
appropriation contained in this act or in any other act may be	25938
used for the purpose of satisfying judgments, settlements, or	25939
administrative awards ordered or approved by the Court of Claims	25940
or by any other court of competent jurisdiction in connection with	25941
civil actions against the state. This authorization does not apply	25942
to appropriations that are to be applied to or used for payment of	25943
guarantees by or on behalf of the state, or for payments under	25944
lease agreements relating to or debt service on bonds, notes, or	25945
other obligations of the state. Notwithstanding any other section	25946
of law to the contrary, this authorization includes appropriations	25947
from funds into which proceeds or direct obligations of the state	25948
are deposited only to the extent that the judgment, settlement, or	25949
administrative award is for or represents capital costs for which	25950
the appropriation may otherwise be used and is consistent with the	25951
purpose for which any related obligations were issued or entered	25952
into. Nothing contained in this section is intended to subject the	25953
state to suit in any forum in which it is not otherwise subject to	25954
suit, and it is not intended to waive or compromise any defense or	25955
right available to the state in any suit against it.	25956

Section 257.10. CAPITAL RELEASES BY THE DIRECTOR OF BUDGET	25957
AND MANAGEMENT	25958

Notwithstanding section 126.14 of the Revised Code,	25959
appropriations for appropriation item C50101, Community-Based	25960
Correctional Facilities, appropriated from the Adult Correctional	25961
Building Fund (Fund 7027) to the Department of Rehabilitation and	25962
Correction, shall be released upon the written approval of the	25963
Director of Budget and Management. The appropriations from the	25964
Public School Building Fund (Fund 7021) and the School Building	25965
Program Assistance Fund (Fund 7032) to the School Facilities	25966
Commission, from the Clean Ohio Conservation Fund (Fund 7056), the	25967
State Capital Improvement Fund (Fund 7038), and the State Capital	25968
Improvements Revolving Loan Fund (Fund 7040) to the Public Works	25969
Commission, shall be released upon presentation of a request to	25970
release the funds, by the agency to which the appropriation has	25971
been made, to the Director of Budget and Management.	25972

Section 259.10. PREVAILING WAGE REQUIREMENT

25973

Except as provided in section 4115.04 of the Revised Code,	25974
moneys appropriated or reappropriated by the 127th General	25975
Assembly shall not be used for the construction of public	25976
improvements, as defined in section 4115.03 of the Revised Code,	25977
unless the mechanics, laborers, or workers engaged therein are	25978
paid the prevailing rate of wages prescribed in section 4115.04 of	25979
the Revised Code. Nothing in this section affects the wages and	25980
salaries established for state employees under Chapter 124. of the	25981
Revised Code, or collective bargaining agreements entered into by	25982
the state under Chapter 4117. of the Revised Code, while engaged	25983
on force account work, nor does this section interfere with the	25984
use of inmate and patient labor by the state.	25985

Section 261.10. CAPITAL FACILITIES LEASES

25986

Capital facilities for which appropriations are made from the	25987
Highway Safety Building Fund (Fund 7025), the Administrative	25988
Building Fund (Fund 7026), the Adult Correctional Building Fund	25989
(Fund 7027), and the Juvenile Correctional Building Fund (Fund	25990
7028) may be leased by the Ohio Building Authority to the	25991
Department of Public Safety, the Department of Youth Services,	25992
the Department of Administrative Services, and the Department of	25993
Rehabilitation and Correction, and other agreements may be made	25994
by the Ohio Building Authority and the departments with respect	25995
to the use or purchase of such capital facilities, or, subject to	25996
the approval of the director of the department or the commission,	25997
the Ohio Building Authority may lease the capital facilities to,	25998
and make other agreements with respect to the use or purchase of	25999
the capital facilities with, any governmental agency or nonprofit	26000
corporation having authority under law to own, lease, or operate	26001
the capital facilities. The director of the department or the	26002
commission may sublease the capital facilities to, and make other	26003
agreements with respect to the use or purchase of the capital	26004
facilities with, any such governmental agency or nonprofit	26005
corporation, which agreements may include provisions for	26006
transmittal of receipts of the agency or nonprofit corporation of	26007
any charges for the use of the facilities, all upon such terms	26008
and conditions as the parties may agree upon and subject to any	26009
other provision of law affecting the leasing, acquisition, or	26010
disposition of capital facilities by the parties.	26011

Section 263.10. AUTHORIZATION OF THE DIRECTOR OF BUDGET AND	26012
MANAGEMENT	26013

The Director of Budget and Management shall authorize both of	26014
the following:	26015

(A) The initial release of moneys for projects from the funds	26016
into which proceeds of direct obligations of the state are	26017
deposited; and	26018

(B) The expenditure or encumbrance of moneys from funds into	26019
which proceeds of direct obligations are deposited, but only after	26020
determining to the director's satisfaction that either of the	26021
following applies:	26022

(1) The application of the moneys to the particular project	26023
will not negatively affect any exemption or exclusion from federal	26024
income tax of the interest or interest equivalent on obligations	26025
issued to provide moneys to the particular fund.	26026

(2) Moneys for the project will come from the proceeds of	26027
obligations, the interest on which is not so excluded or exempt	26028
and which have been authorized as "taxable obligations" by the	26029
issuing authority.	26030

The director shall report any nonrelease of moneys pursuant	26031
to this section to the Governor, to the Speaker of the House of	26032
Representatives, to the President of the Senate, and to the agency	26033
for the use of which the project is intended.	26034

Section 265.10. SCHOOL FACILITIES ENCUMBRANCES AND	26035
REAPPROPRIATION	26036

At the request of the Executive Director of the Ohio School	26037
Facilities Commission, the Director of Budget and Management may	26038
cancel encumbrances for school district projects from a previous	26039
biennium if the district has not raised its local share of project	26040
costs within one year after receiving Controlling Board approval	26041
in accordance with section 3318.05 of the Revised Code. The	26042
Executive Director of the Ohio School Facilities Commission shall	26043
certify the amounts of these canceled encumbrances to the Director	26044
of Budget and Management on a quarterly basis. The amounts of the	26045
canceled encumbrances are hereby appropriated.	26046

Section 267.10. CERTIFICATE OF NEED REQUIREMENT

26047

An appropriation for a health care facility authorized under	26048
this act may not be released until the requirements of sections	26049
3702.51 to 3702.62 of the Revised Code have been met.	26050

Section 269.10. DISTRIBUTION OF PROCEEDS FROM ASBESTOS	26051
ABATEMENT LITIGATION	26052

All proceeds received by the state as a result of litigation,	26053
judgments, settlements, or claims, filed by or on behalf of any	26054
state agency, as defined by section 1.60 of the Revised Code, or	26055
state-supported or state-assisted institution of higher education,	26056
for damages or costs resulting from the use, removal, or hazard	26057
abatement of asbestos materials shall be deposited in the Asbestos	26058
Abatement Distribution Fund (Fund 6740). All funds deposited into	26059
the Asbestos Abatement Distribution Fund are hereby appropriated	26060
to the Attorney General. To the extent practicable, the proceeds	26061
placed in the Asbestos Abatement Distribution Fund shall be	26062
divided among the state agencies and state-supported or	26063
state-assisted institutions of higher education in accordance with	26064
the general provisions of the litigation regarding the percentage	26065
of recovery. Distribution of the proceeds to each state agency or	26066
state-supported or state-assisted institution of higher education	26067
shall be made in accordance with the Asbestos Abatement	26068
Distribution Plan to be developed by the Attorney General, the	26069
General Services Division within the Department of Administrative	26070
Services, and the Office of Budget and Management.	26071

In those circumstances where asbestos litigation proceeds are	26072
for reimbursement of expenditures made with funds outside the	26073
state treasury or damages to buildings not constructed with state	26074
appropriations, direct payments shall be made to the affected	26075
institutions of higher education. Any proceeds received for	26076
reimbursement of expenditures made with funds within the state	26077
treasury or damages to buildings occupied by state agencies shall	26078
be distributed to the affected agencies with an intrastate	26079
transfer voucher to the funds identified in the Asbestos Abatement	26080
Distribution Plan.	26081

These proceeds shall be used for additional asbestos	26082
abatement or encapsulation projects, or for other capital	26083
improvements, except that proceeds distributed to the General	26084
Revenue Fund and other funds that are not bond improvement funds	26085
may be used for any purpose. The Controlling Board may, for bond	26086
improvement funds, create appropriation items or increase	26087
appropriation authority in existing appropriation items equaling	26088
the amount of the proceeds. The amounts approved by the	26089
Controlling Board are hereby appropriated. The proceeds deposited	26090
in bond improvement funds shall not be expended until released by	26091
the Controlling Board, which shall require certification by the	26092
Director of Budget and Management that the proceeds are sufficient	26093
and available to fund the additional anticipated expenditures.	26094

Section 271.10. OBLIGATIONS ISSUED UNDER CHAPTER 151. OF THE	26095
REVISED CODE	26096

The capital improvements for which appropriations are made in	26097
this act from the Third Frontier Research and Development Fund	26098
(Fund 7011), the Job Ready Site Development Fund (Fund 7012), the	26099
Ohio Parks and Natural Resources Fund (Fund 7031), the School	26100
Building Program Assistance Fund (Fund 7032), the Higher Education	26101
Improvement Fund (Fund 7034), the State Capital Improvements Fund	26102
(Fund 7038), the Clean Ohio Conservation Fund (Fund 7056), the	26103
Clean Ohio Agricultural Easement Fund (Fund 7057), and the Clean	26104
Ohio Trail Fund (Fund 7061) are determined to be capital	26105
improvements and capital facilities for research and development,	26106
preparation of sites, natural resources, a statewide system of	26107
common schools, state-supported and state-assisted institutions	26108
of higher education, local subdivision capital improvement	26109
projects, and conservation purposes (under the Clean Ohio	26110
Program) and are designated as capital facilities to which	26111
proceeds of obligations issued under Chapter 151. of the Revised	26112
Code are to be applied.	26113

Section 273.10. OBLIGATIONS ISSUED UNDER CHAPTER 152. OF THE	26114
REVISED CODE	26115

The capital improvements for which appropriations are made in	26116
this act from the Highway Safety Building Fund (Fund 7025), the	26117
Administrative Building Fund (Fund 7026), the Adult Correctional	26118
Building Fund (Fund 7027), the Juvenile Correctional Building Fund	26119
(Fund 7028), and the Transportation Building Fund (Fund 7029) are	26120
determined to be capital improvements and capital facilities for	26121
housing state agencies and branches of state government and are	26122
designated as capital facilities to which proceeds of obligations	26123
issued under Chapter 152. of the Revised Code are to be applied.	26124

Section 273.20. OBLIGATIONS ISSUED UNDER CHAPTER 154. OF THE	26125
REVISED CODE	26126

The capital improvements for which appropriations are made in	26127
this act from the Cultural and Sports Facilities Building Fund	26128
(Fund 7030), the Mental Health Facilities Improvement Fund (Fund	26129
7033), and the Parks and Recreation Improvement Fund (Fund 7035)	26130
are determined to be capital improvements and capital facilities	26131
for housing state agencies and branches of government, mental	26132
hygiene and retardation, and parks and recreation and are	26133
designated as capital facilities to which proceeds of obligations	26134
issued under Chapter 154. of the Revised Code are to be applied.	26135

Section 275.10. TRANSFER OF OPEN ENCUMBRANCES

26136

Upon the request of the agency to which a capital project	26137
appropriation item is appropriated, the Director of Budget and	26138
Management may transfer open encumbrance amounts between separate	26139
encumbrances for the project appropriation item to the extent that	26140
any reductions in encumbrances are agreed to by the contracting	26141
vendor and the agency.	26142

Section 277.10. LITIGATION PROCEEDS TO THE ADMINISTRATIVE	26143
BUILDING FUND	26144

Any proceeds received by the state as the result of	26145
litigation or a settlement agreement related to any liability for	26146
the planning, design, engineering, construction, or construction	26147
management of facilities operated by the Department of	26148
Administrative Services shall be deposited into the Administrative	26149
Building Fund (Fund 7026).	26150

Section 279.10. COAL RESEARCH AND DEVELOPMENT BONDS

26151

The Ohio Public Facilities Commission, upon the request of	26152
the Director of the Ohio Coal Development Office with the advice	26153
of the Technical Advisory Committee created in section 1551.35 of	26154
the Revised Code and with the approval of the Director of the Air	26155
Quality Development Authority, is hereby authorized to issue and	26156
sell, in accordance with Section 15 of Article VIII, Ohio	26157
Constitution, and Chapter 151. of the Revised Code, and	26158
particularly sections 151.01 and 151.07 and other applicable	26159
sections of the Revised Code, bonds or other obligations of the	26160
state heretofore authorized by prior acts of the General Assembly.	26161
The obligations shall be issued, subject to applicable	26162
constitutional and statutory limitations, to provide sufficient	26163
moneys to the credit of the Coal Research and Development Fund	26164
created in section 1555.15 of the Revised Code to pay costs	26165
charged to the fund when due as estimated by the Director of the	26166
Ohio Coal Development Office.	26167

Section 281.10. OHIO ADMINISTRATIVE KNOWLEDGE SYSTEM PROJECT

26168

The Ohio Administrative Knowledge System (OAKS) shall be an	26169
enterprise resource planning system that replaces the state's	26170
central services infrastructure systems, including the Central	26171
Accounting System, the Human Resources/Payroll System, the Capital	26172
Improvements Projects Tracking System, the Fixed Assets Management	26173
System, and the Procurement System. The Department of	26174
Administrative Services, in conjunction with the Office of Budget	26175
and Management, may acquire the system, including, but not limited	26176
to, the enterprise resource planning software and installation and	26177
implementation thereof, pursuant to Chapter 125. of the Revised	26178
Code. Any lease-purchase arrangement utilized under Chapter 125.	26179
of the Revised Code, including any fractionalized interest therein	26180
as defined in division (N) of section 133.01 of the Revised Code,	26181
shall provide at the end of the lease period that OAKS shall	26182
become the property of the state.	26183

Section 283.10. Sections of this act prefixed with a section	26184
number in the 200s are and remain in full force and effect	26185
commencing on July 1, 2008, and terminating on June 30, 2010,	26186
for the purpose of drawing money from the state treasury in	26187
payment of liabilities lawfully incurred under those sections,	26188
and on June 30, 2010, and not before, the moneys hereby	26189
appropriated lapse into the funds from which they are severally	26190
appropriated. If, under Section 1c of Article II, Ohio	26191
Constitution, the sections of this act prefixed with a section	26192
number in the 200s do not take effect until after July 1, 2008,	26193
the sections are and remain in full force and effect commencing	26194
on that effective date.	26195

Section 503.10. GENERAL OBLIGATIONS ADJUSTMENTS TO REFLECT	26196
TOBACCO SECURITIZATION	26197

In accordance with divisions (A)(5) and (6) of Section 518.03	26198
of H.B. 119 of the 127th General Assembly, the existing	26199
authorizations granted in prior acts of the General Assembly to	26200
issue and sell obligations under Section 2n of Article VIII, Ohio	26201
Constitution, to pay costs of facilities for (1) a system of	26202
common schools throughout the state is hereby reduced from	26203
$4,145,000,000 to $3,345,000,000, and (2) state-supported and	26204
state-assisted institutions of higher education is hereby reduced	26205
from $2,957,000,000 to $2,007,000,000.	26206

Section 503.20. OHIO DENTAL LOAN REPAYMENT PROGRAM

26207

On July 1, 2008, or as soon as possible thereafter, the	26208
Director of Budget and Management shall cancel any existing	26209
encumbrances against the Board of Regents' appropriation item	26210
235624, Ohio Dental Loan Repayment, and re-establish them against	26211
the Department of Health's appropriation item 440624, Ohio Dental	26212
Loan Repayment. The amounts of the re-established encumbrances	26213
are hereby appropriated.	26214

On July 1, 2008, or as soon as possible thereafter, the	26215
Chancellor of the Board of Regents shall certify to the Director	26216
of Budget and Management the amount of cash and any outstanding	26217
encumbrances for the Dental Loan Repayment Program remaining in	26218
the National Health Services Corps – Ohio Loan Repayment Fund	26219
(Fund 3T00). The Director of Budget and Management shall transfer	26220
this amount in cash from the National Health Services Corps – Ohio	26221
Loan Repayment Fund (Fund 3T00) to the Federal Public Health	26222
Programs Fund (Fund 3920). In addition, the Director of Budget and	26223
Management shall cancel the outstanding Dental Loan Repayment	26224
Program encumbrances in the National Health Services Corps – Ohio	26225
Loan Repayment Fund (Fund 3T00) and re-establish these	26226
encumbrances in the Federal Public Health Programs Fund (Fund	26227
3920). The amounts of the re-established encumbrances are hereby	26228
appropriated.	26229

On and after the effective date of this section,	26230
administration of the Dental Loan Repayment Program is the	26231
responsibility of the Department of Health.	26232

Section 503.30. OHIO PHYSICIAN LOAN REPAYMENT PROGRAM

26233

On July 1, 2008, the Director of Budget and Management shall	26234
cancel any existing encumbrances against appropriation item	26235
235604, Physician Loan Repayment, and re-establish them against	26236
appropriation item 440628, Ohio Physician Loan Repayment. The	26237
amounts of the re-established encumbrances are hereby	26238
appropriated.	26239

On and after the effective date of this section,	26240
administration of the Physician Loan Repayment Program is the	26241
responsibility of the Department of Health.	26242

Section 515.10. SCHOOL FACILITIES COMMISSION REIMBURSEMENT	26243
FROM PROCEEDS OF TOBACCO SETTLEMENT BONDS	26244

Prior to January 1, 2009, the Executive Director of the Ohio	26245
School Facilities Commission shall report to the Director of	26246
Budget and Management the amount of funds expended between	26247
September 1, 2007, and June 30, 2008, from the Education	26248
Facilities Trust Fund (Fund N087) and from the Public School	26249
Building Fund (Fund 7021) that were eligible to be financed from	26250
the proceeds of the tax-exempt tobacco settlement bonds issued	26251
pursuant to section 183.51 of the Revised Code and were deposited	26252
into the School Building Program Assistance Fund (Fund 7032).	26253
Upon receipt of the report, the Director of Budget and Management	26254
may transfer cash, in the amount reported, from the tobacco	26255
settlement bond proceeds to each of the funds. Appropriations for	26256
the funds are hereby adjusted by the amounts of the cash	26257
transfers.	26258

Section 515.20. CORRECTIVE CASH TRANSFER

26259

On the effective date of this section, or as soon as possible	26260
thereafter, the Director of Budget and Management may transfer	26261
$34,549.45 in cash from the Coal Research and Development Bond	26262
Services Fund (Fund 7076) into the Coal Research and Development	26263
Fund (Fund 7046) to correct deposits that were mistakenly	26264
deposited into the Coal Research and Development Bond Services	26265
Fund (Fund 7076).	26266

Section 515.21. CORRECTIVE CASH TRANSFER

26267

On the effective date of this section, or as soon as possible	26268
thereafter, the Director of Budget and Management may transfer	26269
$5,538.11 in cash from the Coal Research and Development Fund	26270
(Fund 7046) into the Coal Research and Development Bond Services	26271
Fund (Fund 7076) to correct deposits that were mistakenly	26272
deposited into the Coal Research and Development Fund (Fund 7046).	26273

Section 515.30. TRANSFER FROM THE GENERAL REIMBURSEMENT FUND	26274
TO THE PUBLIC HEALTH PRIORITY TRUST FUND	26275

Notwithstanding any provision of law to the contrary, on July	26276
1, 2008, or as soon as possible thereafter, the Director of Budget	26277
and Management shall transfer $950,000 cash from the General	26278
Reimbursement Fund (Fund 1060) to the Public Health Priority Trust	26279
Fund (Fund L087). The amount transferred is hereby appropriated to	26280
appropriation item 440-432, Pneumococcal Vaccines for Children, in	26281
the Department of Health.	26282

Section 515.40. BUDGET STABILIZATION FUND TRANSFERS

26283

The Director of Budget and Management has directed the	26284
following agencies to reduce spending in the following General	26285
Revenue Fund appropriation items. Amounts listed in the first	26286
column are the reductions for fiscal year 2008 and amounts listed	26287
in the second column are the reductions for fiscal year 2009.	26288

Department of Agriculture	26289

	700-403		Animal Disease Control		$	36,540		$	182,702		26290
	700-410		Food Safety		$	8,651		$	43,255		26291

Department of Health	26292

	440-407		Animal Borne Disease and Prevention		$	80,000		$	40,000		26293
	440-418		Immunization		$	80,000		$	40,000		26294

Department of Rehabilitation and Correction	26295

503-321

Parole and Community Operations

1,327,100

5,433,321

26296

Department of Education	26297

200-503

Bus Purchase Allowance

5,128,138

676,200

26298

Department of Job and Family Services	26299

600-502

Child Support Match

3,401,410

26300

Rehabilitation Services Commission	26301

415-431

Office of People with Brain Injury

22,601

26302

Ohio School for the Blind	26303

226-100

Personal Services

354,656

375,966

26304

Ohio School for the Deaf	26305

221-100

Personal Services

438,768

463,193

26306

The Director of Budget and Management shall transfer	26307
$7,476,454 cash in fiscal year 2008 and $10,678,648 cash in fiscal	26308
year 2009 from the Budget Stabilization Fund to the General	26309
Revenue Fund to ensure the full amounts appropriated in Am. Sub.	26310
H.B. 119 of the 127th General Assembly to each of the foregoing	26311
appropriation items are available to the agencies for	26312
expenditure.	26313

Section 610.10. That Sections 315.10 and 555.19 of Am. Sub.	26314
H.B. 67 of the 127th General Assembly be amended to read as	26315
follows:	26316

Sec. 315.10. OHIO TURNPIKE COMMISSION NOISE MITIGATION PILOT	26317
PROJECT	26318

~~There is hereby created the Community Resolution Fund, which~~	26319
~~shall be in the custody of the Treasurer of State but shall not be~~	26320
~~part of the state treasury.~~ Notwithstanding any other provision of	26321
law to the contrary, ~~on the first day of July in each of 2007 and~~	26322
~~2008, or as soon as practicable thereafter in each of those years,~~	26323
~~the Treasurer of State shall transfer cash in the amount of~~	26324
~~$250,000~~the Department of Transportation shall enter into an	26325
agreement on a reimbursement basis with the Ohio Turnpike	26326
Commission for up to $500,000 from the Highway Operating Fund	26327
(Fund 002) ~~to the Community Resolution Fund~~. ~~The Treasurer of~~	26328
~~State~~Under the agreement, the Department of Transportation shall	26329
pay up to $250,000 from the fund ~~early~~ in fiscal year 2008 and up	26330
to $250,000 ~~early~~from the fund in fiscal year 2009 to the Ohio	26331
Turnpike Commission, which shall use the money for the study and	26332
pilot program required by ~~the~~this section.	26333

The Ohio Turnpike Commission shall perform a study of noise	26334
impact mitigation methods or techniques that may be used as an	26335
alternative to traditional sound barriers on the turnpike project.	26336
The study shall examine the viability of alternative noise impact	26337
mitigation methods or techniques that may be installed to	26338
alleviate traffic noise that is in excess of the criteria	26339
contained in the Ohio Department of Transportation's "Standard	26340
Procedures for the Analysis and Abatement of Highway Traffic	26341
Noise." After completing the study, but before ~~June 30~~December	26342
31, 2008, the Ohio Turnpike Commission shall commence a pilot	26343
program utilizing one or more alternative noise impact mitigation	26344
methods or techniques examined in the study, and shall submit a	26345
report containing the results of the pilot program and projected	26346
costs of further implementation to the Turnpike Legislative	26347
Review Committee not later than ~~December~~June 30, ~~2008~~2009.	26348
~~After the fiscal year 2009 payment of $250,000 is made to the~~	26349
~~Ohio Turnpike Commission, the Community Resolution Fund is~~	26350
~~abolished, and the Treasurer of State shall transfer any cash~~	26351
~~balance that remains credited to that fund to the Highway~~	26352
~~Operating Fund.~~	26353

Sec. 555.19. In fiscal year 2008, the Department of	26354
Transportation shall expend at least $400,000 in the township	26355
having the largest ~~geographic area~~population according to the	26356
most recent federal decennial census for a pilot program involving	26357
the installation and operation of a system of portable signal	26358
preemption devices. Use of the devices in the pilot program shall	26359
be in accordance with section 4511.031 of the Revised Code. The	26360
Department shall consult with appropriate township officials in	26361
implementing the pilot program.	26362

Section 610.11. That existing Sections 315.10 and 555.19 of	26363
Am. Sub. H.B. 67 of the 127th General Assembly are hereby	26364
repealed.	26365

Section 610.20. That Section 203.50 of Am. Sub. H.B. 67 of	26366
the 127th General Assembly, as amended by Am. Sub. H.B. 119 of	26367
the 127th General Assembly, be amended to read as follows:	26368

Sec. 203.50. PUBLIC ACCESS ROADS FOR STATE FACILITIES

26369

Of the foregoing appropriation item 772-421, Highway	26370
Construction - State, $5,000,000 shall be used in each fiscal year	26371
during the fiscal year 2008-2009 biennium by the Department of	26372
Transportation for the construction, reconstruction, or	26373
maintenance of public access roads, including support features, to	26374
and within state facilities owned or operated by the Department of	26375
Natural Resources.	26376

Notwithstanding section 5511.06 of the Revised Code, of the	26377
foregoing appropriation item 772-421, Highway Construction -	26378
State, $2,228,000 in each fiscal year of the fiscal year 2008-2009	26379
biennium shall be used by the Department of Transportation for the	26380
construction, reconstruction, or maintenance of park drives or	26381
park roads within the boundaries of metropolitan parks.	26382

Included in the foregoing appropriation item 772-421, Highway	26383
Construction - State, the department may perform related road work	26384
on behalf of the Ohio Expositions Commission at the state	26385
fairgrounds, including reconstruction or maintenance of public	26386
access roads and support features, to and within fairground	26387
facilities as requested by the commission and approved by the	26388
Director of Transportation.	26389

HIGHWAY CONSTRUCTION - FEDERAL

26390

Of the foregoing appropriation item 772-422, Highway	26391
Construction - Federal, $200,000 in fiscal year 2008 shall be used	26392
for the Cleveland Metropolitan Park District West Creek Project.	26393

PUBLIC SCHOOL ENTRANCE IMPROVEMENTS

26394

Of the foregoing appropriation item 779-491,	26395
Administration-State, $4,000,000 in fiscal year 2008, shall be	26396
used by the Department of Transportation to make grants available	26397
for state highway improvements at public school entrances under	26398
the following conditions:	26399

(A) The school is receiving assistance from the Ohio School	26400
Facilities Commission for the renovation or construction of new	26401
school facilities.	26402

(B) The state highway improvements are to be made at	26403
entrances within school zones.	26404

Grant awards shall be limited to $500,000 per school	26405
district, and are contingent on local government officials or the	26406
participating school district, or both, matching 25 per cent of	26407
the improvement cost.	26408

LIQUIDATION OF UNFORESEEN LIABILITIES

26409

Any appropriation made to the Department of Transportation,	26410
Highway Operating Fund, not otherwise restricted by law, is	26411
available to liquidate unforeseen liabilities arising from	26412
contractual agreements of prior years when the prior year	26413
encumbrance is insufficient.	26414

Section 610.21. That existing Section 203.50 of Am. Sub.	26415
H.B. 67 of the 127th General Assembly, as amended by Am. Sub.	26416
H.B. 119 of the 127th General Assembly, is hereby repealed.	26417

Section 610.30. That Sections 210.10 and 512.70 of Am. Sub.	26418
H.B. 100 of the 127th General Assembly be amended to read as	26419
follows:	26420

Sec. 201.10. All items in this section are hereby	26421
appropriated out of any moneys in the state treasury to the credit	26422
of the designated fund. For all appropriations made in ~~this act~~	26423
Am. Sub. H.B. 100 of the 127th General Assembly, those in the	26424
first column are for fiscal year 2008, and those in the second	26425
column are for fiscal year 2009.	26426

FND

AI TITLE

Appropriations

26427

BWC BUREAU OF WORKERS' COMPENSATION	26428

Workers' Compensation Fund Group	26429

023	855-401	William Green Lease Payments to OBA	$	20,436,600	$	20,686,500	26430
023	855-407	Claims, Risk & Medical Management	$	140,367,719	$	140,367,719	26431
023	855-408	Fraud Prevention	$	11,772,551	$	11,772,551	26432
023	855-409	Administrative Services	$	122,962,388	$	122,962,388	26433
023	855-410	Attorney General Payments	$	4,444,085	$	4,444,085	26434
822	855-606	Coal Workers' Fund	$	91,894	$	91,894	26435
823	855-608	Marine Industry	$	53,952	$	53,952	26436
825	855-605	Disabled Workers Relief Fund	$	488,282	$	492,500	26437
826	855-609	Safety & Hygiene Operating	$	20,734,750	$	20,734,750	26438
826	855-610	Safety Grants Program	$	4,000,000	$	~~4,000,000~~ 6,500,000	26439
829	855-604	Long Term Care Loan Program	$	2,000,000	$	2,000,000	26440
TOTAL WCF Workers' Compensation							26441
Fund Group			$	327,352,221	$	~~327,606,339~~ 330,106,339	26442

Federal Special Revenue Fund Group	26443

349	855-601	OSHA Enforcement	$	1,604,140	$	1,604,140	26444
TOTAL FED Federal Special Revenue Fund Group			$	1,604,140	$	1,604,140	26445
TOTAL ALL BUDGET FUND GROUPS			$	328,956,361	$	~~329,210,479~~ 331,710,479	26446

WILLIAM GREEN LEASE PAYMENTS

26447

The foregoing appropriation item 855-401, William Green Lease	26448
Payments to OBA, shall be used for lease payments to the Ohio	26449
Building Authority, and these appropriations shall be used to meet	26450
all payments at the times they are required to be made during the	26451
period from July 1, 2007, to June 30, 2009, by the Bureau of	26452
Workers' Compensation to the Ohio Building Authority pursuant to	26453
leases and agreements made under Chapter 152. of the Revised Code	26454
and Section 6 of Am. Sub. H.B. 743 of the 118th General Assembly.	26455
Of the amounts received in Fund 023, appropriation item 855-401,	26456
William Green Lease Payments to OBA, up to $41,123,100 shall be	26457
restricted for lease rental payments to the Ohio Building	26458
Authority. If it is determined that additional appropriations are	26459
necessary for such purpose, such amounts are hereby appropriated.	26460

Notwithstanding any other provision of law to the contrary,	26461
all tenants of the William Green Building not funded by the	26462
Workers' Compensation Fund (Fund 023) shall pay their fair share	26463
of the costs of lease payments to the Workers' Compensation Fund	26464
(Fund 023) by intrastate transfer voucher.	26465

WORKERS' COMPENSATION FRAUD UNIT

26466

The Workers' Compensation Section Fund (Fund 195) shall	26467
receive payments from the Bureau of Workers' Compensation at the	26468
beginning of each quarter of each fiscal year to fund expenses of	26469
the Workers' Compensation Fraud Unit of the Attorney General's	26470
Office. Of the foregoing appropriation item 855-410, Attorney	26471
General Payments, $796,346 in fiscal year 2008 and $796,346 in	26472
fiscal year 2009 shall be used to provide these payments.	26473

SAFETY AND HYGIENE

26474

Notwithstanding section 4121.37 of the Revised Code, the	26475
Administrator of Workers' Compensation shall transfer moneys from	26476
the State Insurance Fund so that appropriation item 855-609,	26477
Safety and Hygiene Operating, is provided $20,734,750 in fiscal	26478
year 2008 and $20,734,750 in fiscal year 2009.	26479

OSHA ON-SITE CONSULTATION PROGRAM

26480

The Bureau of Workers' Compensation may designate a portion	26481
of appropriation item 855-609, Safety and Hygiene Operating, to be	26482
used to match federal funding for the federal Occupational Safety	26483
and Health Administration's (OSHA) on-site consultation program.	26484

VOCATIONAL REHABILITATION

26485

The Bureau of Workers' Compensation and the Rehabilitation	26486
Services Commission shall enter into an interagency agreement for	26487
the provision of vocational rehabilitation services and staff to	26488
mutually eligible clients. The bureau shall provide $605,407 in	26489
fiscal year 2008 and $605,407 in fiscal year 2009 from the State	26490
Insurance Fund to fund vocational rehabilitation services and	26491
staff in accordance with the interagency agreement.	26492

FUND BALANCE

26493

Any unencumbered cash balance in excess of $45,000,000 in the	26494
Workers' Compensation Fund (Fund 023) on the thirtieth day of June	26495
of each fiscal year shall be used to reduce the administrative	26496
cost rate charged to employers to cover appropriations for Bureau	26497
of Workers' Compensation operations.	26498

HOLDING ACCOUNT

26499

On July 1, 2007, or as soon as possible thereafter, the	26500
Director of Budget and Management shall transfer the remaining	26501
cash balance in the Camera Center Fund (Fund R46) to the	26502
Administrative Fund (Fund 023). After the transfer, the Camera	26503
Center Fund is abolished.	26504

Sec. 512.70. The Administrator of Workers' Compensation	26505
shall completely transition from use of the Micro Insurance	26506
Reserve Analysis System to a different system or different version	26507
of that system to determine the reserves for use in establishing	26508
premium rates assessed for the purposes of Chapter 4121., 4123.,	26509
4127., or 4131. of the Revised Code on or before ~~June 30~~July 1,	26510
2008. A contract between the Administrator and a vendor for the	26511
System in existence on the effective date of this section shall	26512
expire in accordance with the terms of the contract, and the	26513
Administrator may renew or extend that contract only for a period	26514
of time that does not extend past June 30, 2008.	26515

The Administrator shall transition to a reserve analysis	26516
system that is characterized as transparent in nature and for that	26517
purpose of transparency, satisfies both of the following criteria:	26518

(A) The manner in which the system uses data can be	26519
understood in general terms by employers who are subject to	26520
Chapters 4121., 4123., 4127., and 4131. of the Revised Code and	26521
other persons interested in use of the system;	26522

(B) The type of data the system uses in making reserve	26523
analysis can be explained to employers who are subject to Chapters	26524
4121., 4123., 4127., and 4131. of the Revised Code and other	26525
persons interested in use of the system.	26526

The Administrator shall communicate information describing	26527
the manner in which the new reserve analysis system uses data and	26528
the type of data the system uses in making reserve analysis to	26529
employers who are subject to Chapters 4121., 4123., 4127., and	26530
4131. of the Revised Code and to any other persons who request	26531
such information.	26532

Section 610.31. That existing Sections 201.10 and 512.70 of	26533
Am. Sub. H.B. 100 of the 127th General Assembly are hereby	26534
repealed.	26535

Section 610.40. That Sections 207.20.50, 207.20.70,	26536
207.30.10, 207.30.20, 207.30.30, 235.10, 261.10, 263.10,	26537
263.20.10, 263.30.10, 269.30.30, 269.30.70, 269.40.50,	26538
269.50.30, 275.10, 293.10, 299.10, 309.10, 309.30.13,	26539
309.30.30, 309.30.40, 309.30.41, 309.30.42, 309.40.33, 337.30,	26540
337.30.43, 337.40, 337.40.15, 369.10, 375.10, 379.10, 393.10,	26541
405.10, 407.10, 512.03, 512.35, and 518.03 of Am. Sub. H.B. 119	26542
of the 127th General Assembly be amended to read as follows:	26543

Sec. 207.20.50. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

26544

Effective with the implementation of the Multi-Agency Radio	26545
Communications System, the ~~State Chief Information Officer~~	26546
Department of Administrative Services shall collect user fees	26547
from participants in the system. ~~The~~Under the direction of the	26548
Director of Administrative Services, the State Chief Information	26549
Officer, with the advice of the Multi-Agency Radio Communications	26550
System Steering Committee and the Director of Budget and	26551
Management, shall determine the amount of the fees and the manner	26552
by which the fees shall be collected. Such user charges shall	26553
comply with the applicable cost principles issued by the federal	26554
Office of Management and Budget. All moneys from user charges and	26555
fees shall be deposited in the state treasury to the credit of	26556
the Multi-Agency Radio Communications System Administration Fund	26557
(Fund 5C2), which is hereby established in the state treasury.	26558
All interest income derived from the investment of the fund shall	26559
accrue to the fund.	26560

Sec. 207.20.70. OAKS SUPPORT ORGANIZATION

26561

The foregoing appropriation item 100-635, OAKS Support	26562
Organization, shall be used by the ~~Office of Information~~	26563
~~Technology~~Department of Administrative Services to support the	26564
operating costs associated with the implementation and	26565
maintenance of the state's enterprise resource planning system,	26566
OAKS, consistent with its responsibilities under this section and	26567
Chapters 125. and 126. of the Revised Code. The OAKS Support	26568
Organization shall operate and maintain the human capital	26569
management and financial management modules of the state's	26570
enterprise resource planning system to support statewide human	26571
resources and financial management activities administered by the	26572
Department of Administrative Services' human resources division	26573
and the Office of Budget and Management. The OAKS Support	26574
Organization shall recover the costs to establish, operate, and	26575
maintain the OAKS system through intrastate transfer voucher	26576
billings to the Department of Administrative Services and the	26577
Office of Budget and Management. Effective July 1, 2007, the	26578
Department of Administrative Services, with the approval of the	26579
Director of Budget and Management, shall include the recovery of	26580
the costs of administering the human capital management module of	26581
the OAKS System within the human resources services payroll rate.	26582
These revenues shall be deposited to the credit of the Human	26583
Resources Services Fund (Fund 125). Amounts deposited under this	26584
section are hereby appropriated to appropriation item 100-622,	26585
Human Resources Division-Operating. Not less than quarterly, the	26586
Department of Administrative Services shall process the intrastate	26587
transfer billings to transfer cash from the Human Resources	26588
Services Fund (Fund 125) to the OAKS Support Organization Fund	26589
(Fund 5EB) to pay for the OAKS Support Organization costs.	26590

Sec. 207.30.10. CENTRALIZED GATEWAY ENHANCEMENTS FUND

26591

(A) As used in this section, "Ohio Business Gateway" refers	26592
to the internet-based system operated by the ~~Office of Information~~	26593
~~Technology~~Department of Administrative Services with the advice	26594
of the Ohio Business Gateway Steering Committee established under	26595
section 5703.57 of the Revised Code. The Ohio Business Gateway is	26596
established to provide businesses a central web site where	26597
various filings and payments are submitted on-line to government.	26598
The information is then distributed to the various government	26599
entities that interact with the business community.	26600

(B) As used in this section:

26601

(1) "State Portal" refers to the official web site of the	26602
state, operated by the ~~Office of Information Technology~~Department	26603
of Administrative Services.	26604

(2) "Shared Hosting Environment" refers to the computerized	26605
system operated by the ~~Office of Information Technology~~Department	26606
of Administrative Services for the purpose of providing	26607
capability for state agencies to host web sites.	26608

(C) There is hereby created in the state treasury the	26609
Centralized Gateway Enhancements Fund (Fund 5X3). The foregoing	26610
appropriation item 100-634, Centralized Gateway Enhancements,	26611
shall be used by the ~~Office of Information Technology~~Department	26612
of Administrative Services to pay the costs of enhancing,	26613
expanding, and operating the infrastructure of the Ohio Business	26614
Gateway, State Portal, and Shared Hosting Environment. ~~The~~Under	26615
the direction of the Director of Administrative Services, the	26616
State Chief Information Officer shall submit periodic spending	26617
plans to the Director of Budget and Management to justify	26618
operating transfers to the fund from the General Revenue Fund.	26619
Upon approval, the Director of Budget and Management shall	26620
transfer approved amounts to the fund, not to exceed the amount	26621
of the annual appropriation in each fiscal year. The spending	26622
plans may be based on the recommendations of the Ohio Business	26623
Gateway Steering Committee or its successor.	26624

Sec. 207.30.20. MAJOR IT PURCHASES AND CONTRACTS

26625

The Director of Administrative Services shall, on the	26626
effective date of this amendment, replace the Director and Chief	26627
Information Officer of the Office of Information Technology in all	26628
contracts executed pursuant to section 125.18 of the Revised Code	26629
and in matters relating to those contracts. Contracts entered into	26630
prior to the effective date of this amendment shall remain in full	26631
force and effect.	26632

Under the direction of the Director of Administrative	26633
Services, the State Chief Information Officer shall compute the	26634
amount of revenue attributable to the amortization of all	26635
equipment purchases and capitalized systems from appropriation	26636
item 100-607, IT ~~Service~~Services Delivery; appropriation item	26637
100-617, Major IT Purchases; and appropriation item CAP-837, Major	26638
IT Purchases, which is recovered by the Office of Information	26639
Technology as part of the rates charged by the IT Service	26640
Delivery Fund (Fund 133) created in section 125.15 of the Revised	26641
Code. The Director of Budget and Management may transfer cash in	26642
an amount not to exceed the amount of amortization computed from	26643
the IT Service Delivery Fund (Fund 133) to the Major IT Purchases	26644
Fund (Fund 4N6).	26645

On or before June 30, 2008, any unencumbered amounts of the	26646
foregoing appropriation item 100-607, IT Services Delivery, that	26647
are attributable to implementation of the NextGen Network for	26648
fiscal year 2008 are hereby appropriated for the same purpose for	26649
fiscal year 2009.	26650

Sec. 207.30.30. INFORMATION TECHNOLOGY ASSESSMENT

26651

~~The~~Under the direction of the Director of Administrative	26652
Services, the State Chief Information Officer, with the approval	26653
of the Director of Budget and Management, may establish an	26654
information technology assessment for the purpose of recovering	26655
the cost of selected infrastructure and statewide programs. Such	26656
assessment shall comply with applicable cost principles issued by	26657
the federal Office of Management and Budget. The information	26658
technology assessment shall be charged to all organized bodies,	26659
offices, or agencies established by the laws of the state for the	26660
exercise of any function of state government except for the	26661
General Assembly, any legislative agency, the Supreme Court, the	26662
other courts of record in Ohio, or any judicial agency, the	26663
Adjutant General, the Bureau of Workers' Compensation, and	26664
institutions administered by a board of trustees. Any state-entity	26665
exempted by this section may utilize the infrastructure or	26666
statewide program by participating in the information technology	26667
assessment. All charges for the information technology assessment	26668
shall be deposited to the credit of the IT Governance Fund (Fund	26669
229).	26670

Sec. 235.10. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

26671

General Revenue Fund	26672

GRF	874-100	Personal Services	$	2,057,000	$	~~2,057,000~~ 2,201,612	26673
GRF	874-320	Maintenance and Equipment	$	1,085,837	$	1,080,837	26674
TOTAL GRF General Revenue Fund			$	3,142,837	$	~~3,137,837~~ 3,282,449	26675

General Services Fund Group	26676

4G5	874-603	Capitol Square Education Center and Arts	$	15,000	$	15,000	26677
4S7	874-602	Statehouse Gift Shop/Events	$	650,484	$	650,484	26678
TOTAL GSF General Services							26679
Fund Group			$	665,484	$	665,484	26680

Underground Parking Garage	26681

208	874-601	Underground Parking Garage Operations	$	2,706,993	$	2,706,993	26682
TOTAL UPG Underground Parking							26683
Garage			$	2,706,993	$	2,706,993	26684
TOTAL ALL BUDGET FUND GROUPS			$	6,515,314	$	~~6,510,314~~ 6,654,926	26685

Sec. 261.10. BDP BOARD OF DEPOSIT

26687

General Services Fund Group	26688

4M2	974-601	Board of Deposit	$	1,676,000	$	1,676,000	26689
TOTAL GSF General Services Fund							26690
Group			$	1,676,000	$	1,676,000	26691
TOTAL ALL BUDGET FUND GROUPS			$	1,676,000	$	1,676,000	26692

BOARD OF DEPOSIT EXPENSE FUND

26693

Upon receiving certification of expenses from the Treasurer	26694
of State, the Director of Budget and Management shall transfer	26695
cash from the Investment Earnings Redistribution Fund (Fund 608)	26696
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	26697
shall be used pursuant to section 135.02 of the Revised Code to	26698
pay for any and all necessary expenses of the Board of Deposit or	26699
for banking charges and fees required for the operation of the	26700
State of Ohio Regular Account.	26701

Sec. 263.10. DEV DEPARTMENT OF DEVELOPMENT

26702

General Revenue Fund	26703

GRF	195-401	Thomas Edison Program	$	19,404,838	$	17,978,483	26704
GRF	195-404	Small Business Development	$	1,740,722	$	1,792,944	26705
GRF	195-405	Minority Business Development Division	$	1,580,291	$	1,627,700	26706
GRF	195-407	Travel and Tourism	$	1,800,000	$	1,800,000	26707
GRF	195-410	Defense Conversion Assistance	$	5,000,000	$	0	26708
GRF	195-412	Rapid Outreach Grants	$	10,750,000	$	10,000,000	26709
GRF	195-415	Economic Development Division and Regional Offices	$	5,894,975	$	6,071,824	26710
GRF	195-416	Governor's Office of Appalachia	$	4,746,043	$	4,746,043	26711
GRF	195-422	Third Frontier Action Fund	$	18,790,000	$	16,790,000	26712
GRF	195-426	Clean Ohio Implementation	$	300,000	$	309,000	26713
GRF	195-432	International Trade	$	4,650,501	$	4,650,501	26714
GRF	195-434	Investment in Training Grants	$	12,227,500	$	12,594,325	26715
GRF	195-436	Labor/Management Cooperation	$	836,225	$	836,225	26716
GRF	195-497	CDBG Operating Match	$	1,072,184	$	1,072,184	26717
GRF	195-498	State Match Energy	$	96,820	$	96,820	26718
GRF	195-501	Appalachian Local Development Districts	$	391,482	$	391,482	26719
GRF	195-502	Appalachian Regional Commission Dues	$	254,208	$	254,208	26720
GRF	195-507	Travel and Tourism Grants	$	1,130,000	$	~~1,115,000~~ 1,165,000	26721
GRF	195-516	Shovel Ready Sites	$	1,000,000	$	1,000,000	26722
GRF	195-520	Ohio Main Street Program	$	750,000	$	250,000	26723
GRF	195-521	Discover Ohio!	$	7,182,845	$	8,182,845	26724
GRF	195-905	Third Frontier Research & Development General Obligation Debt Service	$	14,349,500	$	24,523,400	26725
GRF	195-912	Job Ready Site Development General Obligation Debt Service	$	4,359,400	$	8,232,500	26726
TOTAL GRF General Revenue Fund			$	118,307,534	$	~~124,315,484~~ 124,365,484	26727

General Services Fund Group	26728

135	195-684	Supportive Services	$	11,699,404	$	11,321,444	26729
5AD	195-667	Investment in Training Expansion	$	2,000,000	$	0	26730
5AD	195-668	Workforce Guarantee Program	$	1,000,000	$	0	26731
5AD	195-677	Economic Development Contingency	$	5,000,000	$	24,400,000	26732
5W5	195-690	Travel and Tourism Cooperative Projects	$	350,000	$	350,000	26733
5W6	195-691	International Trade Cooperative Projects	$	300,000	$	300,000	26734
685	195-636	Direct Cost Recovery Expenditures	$	800,000	$	800,000	26735
TOTAL GSF General Services Fund							26736
Group			$	21,149,404	$	37,171,444	26737

Federal Special Revenue Fund Group	26738

3AE	195-643	Workforce Development Initiatives	$	5,839,900	$	5,860,000	26739
3BJ	195-685	TANF Heating Assistance	$	45,000,000	$	15,000,000	26740
3K8	195-613	Community Development Block Grant	$	65,000,000	$	65,000,000	26741
3K9	195-611	Home Energy Assistance Block Grant	$	110,000,000	$	110,000,000	26742
3K9	195-614	HEAP Weatherization	$	22,000,000	$	22,000,000	26743
3L0	195-612	Community Services Block Grant	$	25,235,000	$	25,235,000	26744
3V1	195-601	HOME Program	$	40,000,000	$	40,000,000	26745
308	195-602	Appalachian Regional Commission	$	475,000	$	475,000	26746
308	195-603	Housing and Urban Development	$	6,000,000	$	6,000,000	26747
308	195-605	Federal Projects	$	27,000,000	$	27,000,000	26748
308	195-609	Small Business Administration	$	4,296,381	$	4,396,381	26749
308	195-618	Energy Federal Grants	$	3,400,000	$	3,400,000	26750
335	195-610	Energy Conservation and Emerging Technology	$	2,200,000	$	2,200,000	26751
TOTAL FED Federal Special Revenue							26752
Fund Group			$	356,446,281	$	326,566,381	26753

State Special Revenue Fund Group	26754

4F2	195-639	State Special Projects	$	518,393	$	518,393	26755
4F2	195-676	Marketing Initiatives	$	5,000,000	$	1,000,000	26756
4S0	195-630	Tax Incentive Programs	$	650,800	$	650,800	26757
4W1	195-646	Minority Business Enterprise Loan	$	2,580,597	$	2,580,597	26758
444	195-607	Water and Sewer Commission Loans	$	523,775	$	523,775	26759
450	195-624	Minority Business Bonding Program Administration	$	53,967	$	53,967	26760
451	195-625	Economic Development Financing Operating	$	3,233,311	$	3,233,311	26761
5AR	195-674	Industrial Site Improvements	$	4,500,000	$	4,500,000	26762
5CG	195-679	Alternative Fuel Transportation	$	1,500,000	$	1,000,000	26763
5DU	195-689	Energy Projects	$	840,000	$	840,000	26764
5M4	195-659	Low Income Energy Assistance	$	245,000,000	$	245,000,000	26765
5M5	195-660	Advanced Energy Programs	$	17,000,000	$	17,000,000	26766
5X1	195-651	Exempt Facility Inspection	$	25,000	$	25,000	26767
611	195-631	Water and Sewer Administration	$	15,713	$	15,713	26768
617	195-654	Volume Cap Administration	$	200,000	$	200,000	26769
646	195-638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	26770
TOTAL SSR State Special Revenue							26771
Fund Group			$	334,641,556	$	330,141,556	26772

Facilities Establishment Fund Group	26773

009	195-664	Innovation Ohio	$	50,000,000	$	50,000,000	26774
010	195-665	Research and Development	$	50,000,000	$	50,000,000	26775
037	195-615	Facilities Establishment	$	110,000,000	$	110,000,000	26776
4Z6	195-647	Rural Industrial Park Loan	$	3,000,000	$	3,000,000	26777
5D2	195-650	Urban Redevelopment Loans	$	5,475,000	$	5,475,000	26778
5S8	195-627	Rural Development Initiative	$	3,000,000	$	3,000,000	26779
5S9	195-628	Capital Access Loan Program	$	3,000,000	$	3,000,000	26780
TOTAL 037 Facilities							26781
Establishment Fund Group			$	224,475,000	$	224,475,000	26782

Clean Ohio Revitalization Fund	26783

003	195-663		Clean Ohio Operating		$	625,000		$	550,000		26784
TOTAL 003 Clean Ohio Revitalization Fund					$	625,000		$	550,000		26785

Third Frontier Research & Development Fund Group	26786

011	195-686	Third Frontier Operating	$	1,932,056	$	1,932,056	26787
011	195-687	Third Frontier Research & Development Projects	$	94,000,000	$	72,000,000	26788
014	195-692	Research & Development Taxable Bond Projects	$	28,000,000	$	28,000,000	26789
TOTAL 011 Third Frontier Research & Development Fund Group			$	123,932,056	$	101,932,056	26790

Job Ready Site Development Fund Group	26791

012	195-688		Job Ready Site Operating		$	1,246,155		$	1,246,155		26792
TOTAL 012 Job Ready Site Development Fund Group					$	1,246,155		$	1,246,155		26793

TOTAL ALL BUDGET FUND GROUPS

1,180,822,986

~~1,146,398,076~~ 1,146,448,076

26794

Sec. 263.20.10. TRAVEL AND TOURISM GRANTS

26796

The foregoing appropriation item 195-507, Travel and Tourism	26797
Grants, shall be used to provide grants to local organizations to	26798
support various local travel and tourism events in Ohio.	26799

Of the foregoing appropriation item 195-507, Travel and	26800
Tourism Grants, $50,000 in each fiscal year shall be used for the	26801
Cleveland Film Bureau.	26802

Of the foregoing appropriation item 195-507, Travel and	26803
Tourism Grants, $50,000 in each fiscal year shall be used for the	26804
Cincinnati Film Bureau.	26805

Of the foregoing appropriation item 195-507, Travel and	26806
Tourism Grants, $500,000 in each fiscal year shall be used for	26807
grants to The International Center for the Preservation of Wild	26808
Animals.	26809

Of the foregoing appropriation item 195-507, Travel and	26810
Tourism Grants, $50,000 in each fiscal year shall be used for the	26811
Greater Cleveland Sports Commission.	26812

Of the foregoing appropriation item 195-507, Travel and	26813
Tourism Grants, $50,000 in each fiscal year shall be used for the	26814
Greater Columbus Sports Commission.	26815

Of the foregoing appropriation item 195-507, Travel and	26816
Tourism Grants, $50,000 in each fiscal year ~~2008~~ shall be used for	26817
the Ohio Alliance of Science Centers.	26818

Of the foregoing appropriation item 195-507, Travel and	26819
Tourism Grants, $100,000 in each fiscal year shall be used for the	26820
Harbor Heritage Society/Great Lakes Science Center in support of	26821
operations of the Steamship William G. Mather Maritime Museum, and	26822
$100,000 in each fiscal year shall be used for the Great Lakes	26823
Historical Society.	26824

Of the foregoing appropriation item 195-507, Travel and	26825
Tourism Grants, $35,000 in fiscal year 2009 shall be used for the	26826
Ohio Junior Angus Association to assist with costs associated with	26827
hosting the Eastern Regional Junior Angus Show in June 2009.	26828

Of the foregoing appropriation item 195-507, Travel and	26829
Tourism Grants, $60,000 in each fiscal year shall be used for the	26830
Ohio River Trails program.	26831

Of the foregoing appropriation item 195-507, Travel and	26832
Tourism Grants, $60,000 in each fiscal year shall be used to	26833
support the outdoor drama "Tecumseh!"	26834

Of the foregoing appropriation item 195-507, Travel and	26835
Tourism Grants, $25,000 in each fiscal year shall be used for	26836
Ohio's Appalachian Country.	26837

Of the foregoing appropriation item 195-507, Travel and	26838
Tourism Grants, $25,000 in each fiscal year shall be used for the	26839
Garst Museum.	26840

Of the foregoing appropriation item 195-507, Travel and	26841
Tourism Grants, $10,000 in each fiscal year shall be used for the	26842
Pro Football Hall of Fame Festival.	26843

Sec. 263.30.10. UNCLAIMED FUNDS TRANSFER

26844

(A) Notwithstanding division (A) of section 169.05 of the	26845
Revised Code, upon the request of the Director of Budget and	26846
Management, the Director of Commerce, prior to June 30, 2008,	26847
shall transfer to the Job Development Initiatives Fund (Fund 5AD)	26848
an amount not to exceed $5,000,000 in cash of the unclaimed funds	26849
that have been reported by the holders of unclaimed funds under	26850
section 169.05 of the Revised Code, regardless of the allocation	26851
of the unclaimed funds described under that section.	26852

Notwithstanding division (A) of section 169.05 of the Revised	26853
Code, upon the request of the Director of Budget and Management,	26854
the Director of Commerce, prior to June 30, 2009, shall transfer	26855
to the Job Development Initiatives Fund (Fund 5AD) an amount not	26856
to exceed $24,400,000 in cash of the unclaimed funds that have	26857
been reported by the holders of unclaimed funds under section	26858
169.05 of the Revised Code, regardless of the allocation of the	26859
unclaimed funds described under that section.	26860

(B) Notwithstanding division (A) of section 169.05 of the	26861
Revised Code, upon the request of the Director of Budget and	26862
Management, the Director of Commerce, prior to June 30, 2008,	26863
shall transfer to the State Special Projects Fund (Fund 4F2) an	26864
amount not to exceed ~~$2,500,000~~$5,000,000 of the unclaimed funds	26865
that have been reported by the holders of unclaimed funds under	26866
section 169.05 of the Revised Code, regardless of the allocation	26867
of the unclaimed funds described under that section.	26868

Notwithstanding division (A) of section 169.05 of the Revised	26869
Code, upon the request of the Director of Budget and Management,	26870
the Director of Commerce, prior to June 30, 2009, shall transfer	26871
to the State Special Projects Fund (Fund 4F2) an amount not to	26872
exceed ~~$2,500,000~~$1,000,000 in cash of the unclaimed funds that	26873
have been reported by the holders of unclaimed funds under	26874
section 169.05 of the Revised Code, regardless of the allocation	26875
of the unclaimed funds described under that section.	26876

Sec. 269.30.30. GIFTED PUPIL PROGRAM

26877

The foregoing appropriation item 200-521, Gifted Pupil	26878
Program, shall be used for gifted education units not to exceed	26879
1,110 in each fiscal year under division (L) of section 3317.024	26880
and division (F) of section 3317.05 of the Revised Code.	26881

Of the foregoing appropriation item 200-521, Gifted Pupil	26882
Program, up to $4,747,000 in fiscal year 2008 and up to $4,794,470	26883
in fiscal year 2009 may be used as an additional supplement for	26884
identifying gifted students under Chapter 3324. of the Revised	26885
Code.	26886

Of the foregoing appropriation item 200-521, Gifted Pupil	26887
Program, the Department of Education may expend up to $1,015,858	26888
in fiscal year 2008 and up to $1,026,017 in fiscal year 2009 for	26889
the Summer Honors Institute, including funding for the Martin	26890
Essex Program, which shall be awarded through a request for	26891
proposals process.	26892

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

26893

The foregoing appropriation item 200-532, Nonpublic	26894
Administrative Cost Reimbursement, shall be used by the Department	26895
of Education for the purpose of implementing section 3317.063 of	26896
the Revised Code. Notwithstanding the per pupil reimbursement	26897
limit of section 3317.063 of the Revised Code, the Department	26898
shall distribute any unspent and unencumbered funds remaining in	26899
each fiscal year after all other obligations of this appropriation	26900
have been met to chartered nonpublic schools in proportion to each	26901
school's share of the total reimbursement provided under section	26902
3317.063 of the Revised Code.	26903

Sec. 269.30.70. FOUNDATION FUNDING

26904

The foregoing appropriation item 200-550, Foundation Funding,	26905
includes $75,000,000 in each fiscal year for the state education	26906
aid offset due to the change in public utility valuation as a	26907
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	26908
General Assembly. This amount represents the total state education	26909
aid offset due to the valuation change for school districts and	26910
joint vocational school districts from all relevant appropriation	26911
line item sources. Upon certification by the Department of	26912
Education, in consultation with the Department of Taxation, to the	26913
Director of Budget and Management of the actual state aid offset,	26914
the cash transfer from Fund 053, appropriation item 200-900,	26915
School District Property Tax Replacement - Utility, shall be	26916
decreased or increased by the Director of Budget and Management to	26917
match the certification in accordance with section 5727.84 of the	26918
Revised Code.	26919

The foregoing appropriation item 200-550, Foundation Funding,	26920
includes $58,000,000 in fiscal year 2008 and $145,000,000 in	26921
fiscal year 2009 for the state education aid offset because of the	26922
changes in tangible personal property valuation as a result of Am.	26923
Sub. H.B. 66 of the 126th General Assembly. This amount represents	26924
the total state education aid offset because of the valuation	26925
change for school districts and joint vocational school districts	26926
from all relevant appropriation item sources. Upon certification	26927
by the Department of Education of the actual state education aid	26928
offset to the Director of Budget and Management, the cash transfer	26929
from Fund 047, appropriation item 200-909, School District	26930
Property Tax Replacement - Business, shall be decreased or	26931
increased by the Director of Budget and Management to match the	26932
certification in accordance with section 5751.21 of the Revised	26933
Code.	26934

Of the foregoing appropriation item 200-550, Foundation	26935
Funding, up to $425,000 shall be expended in each fiscal year for	26936
court payments under section ~~2151.357~~2151.362 of the Revised	26937
Code; an amount shall be available in each fiscal year to fund up	26938
to 225 full-time equivalent approved GRADS teacher grants under	26939
division (N) of section 3317.024 of the Revised Code; an amount	26940
shall be available in each fiscal year to make payments to school	26941
districts under division (A)(3) of section 3317.022 of the	26942
Revised Code; an amount shall be available in each fiscal year to	26943
make payments to school districts under division (F) of section	26944
3317.022 of the Revised Code; and up to $30,000,000 in each	26945
fiscal year shall be reserved for payments under sections	26946
3317.026, 3317.027, and 3317.028 of the Revised Code except that	26947
the Controlling Board may increase the $30,000,000 amount if	26948
presented with such a request from the Department of Education.	26949

Of the foregoing appropriation item 200-550, Foundation	26950
Funding, up to $19,770,000 in fiscal year 2008 and up to	26951
$20,545,200 in fiscal year 2009 shall be used to provide	26952
additional state aid to school districts for special education	26953
students under division (C)(3) of section 3317.022 of the Revised	26954
Code, except that the Controlling Board may increase these amounts	26955
if presented with such a request from the Department of Education	26956
at the final meeting of the fiscal year; up to $2,000,000 in each	26957
fiscal year shall be reserved for Youth Services tuition payments	26958
under section 3317.024 of the Revised Code; and up to $52,000,000	26959
in each fiscal year shall be reserved to fund the state	26960
reimbursement of educational service centers under section 3317.11	26961
of the Revised Code and the section of ~~this act~~Am. Sub. H.B. 119	26962
of the 127th General Assembly entitled "EDUCATIONAL SERVICE	26963
CENTERS FUNDING." An amount shall be available for special	26964
education weighted funding under division (C)(1) of section	26965
3317.022 and division (D)(1) of section 3317.16 of the Revised	26966
Code.	26967

Of the foregoing appropriation item 200-550, Foundation	26968
Funding, an amount shall be available in each fiscal year to be	26969
used by the Department of Education for transitional aid for	26970
school districts and joint vocational school districts. Funds	26971
shall be distributed under the sections of ~~this act~~Am. Sub. H.B.	26972
119 of the 127th General Assembly entitled "TRANSITIONAL AID FOR	26973
CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL DISTRICTS" and	26974
"TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL DISTRICTS."	26975

Of the foregoing appropriation item 200-550, Foundation	26976
Funding, up to $1,000,000 in each fiscal year shall be used by the	26977
Department of Education for a program to pay for educational	26978
services for youth who have been assigned by a juvenile court or	26979
other authorized agency to any of the facilities described in	26980
division (A) of the section of ~~this act~~Am. Sub. H.B. 119 of the	26981
127th General Assembly entitled "PRIVATE TREATMENT FACILITY	26982
PROJECT."	26983

Of the foregoing appropriation item 200-550, Foundation	26984
Funding, up to $3,700,000 in each fiscal year shall be used for	26985
school breakfast programs. Of this amount, up to $900,000 shall be	26986
used in each fiscal year by the Department of Education to	26987
contract with the Children's Hunger Alliance to expand access to	26988
child nutrition programs consistent with the organization's	26989
continued ability to meet specified performance measures as	26990
detailed in the contract. Of this amount, the Children's Hunger	26991
Alliance shall use at least $150,000 in each fiscal year to	26992
subcontract with an appropriate organization or organizations to	26993
expand summer food participation in underserved areas of the	26994
state, consistent with those organizations' continued ability to	26995
meet specified performance measures as detailed in the	26996
subcontracts. The remainder of the appropriation shall be used to	26997
partially reimburse school buildings within school districts that	26998
are required to have a school breakfast program under section	26999
3313.813 of the Revised Code, at a rate decided by the Department.	27000

Of the foregoing appropriation item 200-550, Foundation	27001
Funding, up to $8,686,000 in fiscal year 2008 and up to $8,722,860	27002
in fiscal year 2009 shall be used to operate the school choice	27003
program in the Cleveland Municipal School District under sections	27004
3313.974 to 3313.979 of the Revised Code.	27005

Of the portion of the funds distributed to the Cleveland	27006
Municipal School District under this section, up to $11,901,887 in	27007
each fiscal year shall be used to operate the school choice	27008
program in the Cleveland Municipal School District under sections	27009
3313.974 to 3313.979 of the Revised Code.	27010

Of the foregoing appropriation item 200-550, Foundation	27011
Funding, $3,312,165 in each fiscal year shall be used in	27012
conjunction with funding appropriated under appropriation item	27013
200-431, School Improvement Initiatives, to help support districts	27014
in the development and implementation of their continuous	27015
improvements plans and provide technical assistance and support in	27016
accordance with Title I of the "No Child Left Behind Act of 2001."	27017

The remaining portion of appropriation item 200-550,	27018
Foundation Funding, shall be expended for the public schools of	27019
city, local, exempted village, and joint vocational school	27020
districts, including base-cost funding, special education speech	27021
service enhancement funding, career-technical education weight	27022
funding, career-technical education associated service funding,	27023
teacher training and experience funding, charge-off supplement,	27024
and excess cost supplement under sections 3317.022, 3317.023,	27025
3317.0216, and 3317.16 of the Revised Code.	27026

Appropriation items 200-502, Pupil Transportation, 200-521,	27027
Gifted Pupil Program, 200-540, Special Education Enhancements, and	27028
200-550, Foundation Funding, other than specific set-asides, are	27029
collectively used in each fiscal year to pay state formula aid	27030
obligations for school districts and joint vocational school	27031
districts under Chapter 3317. of the Revised Code. The first	27032
priority of these appropriation items, with the exception of	27033
specific set-asides, is to fund state formula aid obligations	27034
under Chapter 3317. of the Revised Code. It may be necessary to	27035
reallocate funds among these appropriation items or use excess	27036
funds from other general revenue fund appropriation items in the	27037
Department of Education's budget in each fiscal year, in order to	27038
meet state formula aid obligations. If it is determined that it is	27039
necessary to transfer funds among these appropriation items or to	27040
transfer funds from other General Revenue Fund appropriations in	27041
the Department of Education's budget to meet state formula aid	27042
obligations, the Department of Education shall seek approval from	27043
the Controlling Board to transfer funds as needed.	27044

Sec. 269.40.50. START-UP FUNDS

27045

Funds appropriated for the purpose of providing start-up	27046
grants to Title IV-A Head Start and Title IV-A Head Start Plus	27047
agencies in fiscal year 2004 and fiscal year 2005 for the	27048
provision of services to children eligible for Title IV-A services	27049
under the Title IV-A Head Start or Title IV-A Head Start Plus	27050
programs shall be reimbursed to the General Revenue Fund as	27051
follows:	27052

(A) If, for fiscal year 2008, an entity that was a Title IV-A	27053
Head Start or Title IV-A Head Start Plus agency will not be an	27054
early learning agency or early learning provider, the entity shall	27055
repay the entire amount of the start-up grant it received in	27056
fiscal year 2004 and fiscal year 2005 not later than June 30,	27057
2009, in accordance with a payment schedule agreed to by the	27058
Department of Education.	27059

(B) If an entity that was a Title IV-A Head Start or Title	27060
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	27061
2005 will be an early learning agency or early learning provider	27062
in fiscal year 2008 and fiscal year 2009, the entity shall be	27063
allowed to retain any amount of the start-up grant it received,	27064
unless division (D) of this section applies to the entity. In that	27065
case, the entity shall repay the entire amount of the obligation	27066
described in that division not later than June 30, 2009.	27067

(C) Within ninety days after ~~the effective date of this~~	27068
~~section~~June 30, 2007, the Title IV-A Head Start agencies, Title	27069
IV-A Head Start Plus agencies, and the Department of Education	27070
shall determine the repayment schedule for amounts owed under	27071
division (A) of this section. These amounts shall be paid to the	27072
state not later than June 30, 2009.	27073

(D) If an entity that was a Title IV-A Head Start or Title	27074
IV-A Head Start Plus agency in fiscal year 2004 or fiscal year	27075
2005 owed the state any portion of the start-up grant amount	27076
during fiscal year 2006 or fiscal year 2007 but failed to repay	27077
the entire amount of the obligation by June 30, 2007, the entity	27078
shall be given an extension for repayment through June 30, 2009,	27079
before any amounts remaining due and payable to the state are	27080
referred to the Attorney General for collection under section	27081
131.02 of the Revised Code.	27082

(E) Any Title IV-A Head Start or Title IV-A Head Start Plus	27083
start-up grants that are retained by early learning agencies or	27084
early learning providers pursuant to this section shall be	27085
reimbursed to the General Revenue Fund when the early learning	27086
program ceases or is no longer funded from Title IV-A or if an	27087
early learning agency's or early learning provider's participation	27088
in the early learning program ceases or is terminated.	27089

Sec. 269.50.30. EDUCATIONAL SERVICE CENTERS FUNDING

27090

(A) As used in this section:

27091

(1) "Internet- or computer-based community school" has the	27092
same meaning as in section 3314.02 of the Revised Code.	27093

(2) "Service center ADM" has the same meaning as in section	27094
3317.11 of the Revised Code.	27095

(3) "STEM school" means a science, technology, engineering,	27096
and mathematics school established under Chapter 3326. of the	27097
Revised Code.	27098

(B) Notwithstanding division (F) of section 3317.11 of the	27099
Revised Code, no funds shall be provided under that division to an	27100
educational service center in either fiscal year for any pupils of	27101
a city or exempted village school district unless an agreement to	27102
provide services under section 3313.843 of the Revised Code was	27103
entered into by January 1, 1997, except that funds shall be	27104
provided to an educational service center for any pupils of a city	27105
school district if the agreement to provide services was entered	27106
into within one year of the date upon which such district changed	27107
from a local school district to a city school district.	27108

If an educational service center that entered into an	27109
agreement by January 1, 1997, with a city or exempted village	27110
school district to provide services under section 3313.843 of the	27111
Revised Code ceases to operate because all of the local school	27112
districts that constituted the territory of the service center	27113
have severed from the service center pursuant to section 3311.059	27114
of the Revised Code, another educational service center, by	27115
resolution of its governing board, may assume the obligations of	27116
the original service center to provide services to the city or	27117
exempted village school district under that agreement in fiscal	27118
year 2009. If that other service center assumes those obligations	27119
to provide services to the city or exempted village school	27120
district, that service center shall be considered to be the	27121
service center that entered into the agreement by January 1, 1997,	27122
and, accordingly, may receive funds under division (F) of section	27123
3317.11 of the Revised Code in accordance with this section in	27124
fiscal year 2009 for pupils of that city or exempted village	27125
school district.	27126

(C) Notwithstanding any provision of the Revised Code to the	27127
contrary, an educational service center that sponsors a community	27128
school under Chapter 3314. of the Revised Code in either fiscal	27129
year may include the students of that community school in its	27130
service center ADM for purposes of state funding under division	27131
(F) of section 3317.11 of the Revised Code, unless the community	27132
school is an Internet- or computer-based community school. A	27133
service center shall include the community school students in its	27134
service center ADM only to the extent that the students are not	27135
already so included, and only in accordance with guidelines issued	27136
by the Department of Education. If the students of a community	27137
school sponsored by an educational service center are included in	27138
the service center ADM of another educational service center,	27139
those students shall be removed from the service center ADM of the	27140
other educational service center and added to the service center	27141
ADM of the community school's sponsoring service center. The	27142
General Assembly authorizes this procedure as an incentive for	27143
educational service centers to take over sponsorship of community	27144
schools from the State Board of Education as the State Board's	27145
sponsorship is phased out in accordance with Sub. H.B. 364 of the	27146
124th General Assembly. No student of an Internet- or	27147
computer-based community school shall be counted in the service	27148
center ADM of any educational service center. The Department shall	27149
pay educational service centers under division (F) of section	27150
3317.11 of the Revised Code for community school students included	27151
in their service center ADMs under this division only if	27152
sufficient funds earmarked within appropriation item 200-550,	27153
Foundation Funding, for payments under that division remain after	27154
first paying for students attributable to their local and client	27155
school districts, in accordance with divisions (B) and ~~(D)~~(E) of	27156
this section.	27157

(D) Notwithstanding division (C) of section 3326.45 of the	27158
Revised Code, the Department shall pay educational service	27159
centers under division (H) of section 3317.11 of the Revised	27160
Code for services provided to STEM schools only if sufficient	27161
funds earmarked within appropriation item 200-550, Foundation	27162
Funding, for payments under that division remain after first	27163
paying for students attributable to the local and client school	27164
districts of the service centers and for community school	27165
students in their service center ADMs, in accordance with	27166
divisions (B), (C), and (E) of this section.	27167

(E) If insufficient funds are earmarked within appropriation	27168
item 200-550, Foundation Funding, for payments under ~~division~~	27169
divisions (F) and (H) of section 3317.11 of the Revised Code and	27170
division (C) of this section in fiscal year 2008 or fiscal year	27171
2009, the Department shall prioritize the distribution of the	27172
earmarked funds as follows:	27173

(1) The Department shall first distribute to each educational	27174
service center the per-student amount specified in division (F) of	27175
section 3317.11 of the Revised Code for each student in its	27176
service center ADM attributable to the local school districts	27177
within the service center's territory.	27178

(2) The Department shall distribute the remaining funds in	27179
each fiscal year to each educational service center for the	27180
students in its service center ADM attributable to each city and	27181
exempted village school district that had entered into an	27182
agreement with an educational service center for that fiscal year	27183
under section 3313.843 of the Revised Code by January 1, 1997, up	27184
to the per-student amount specified in division (F) of section	27185
3317.11 of the Revised Code. If insufficient funds remain to pay	27186
each service center the full amount specified in division (F) of	27187
that section for each such student, the Department shall	27188
distribute the remaining funds to each service center	27189
proportionally, on a per-student basis for each such student,	27190
unless that proportional per-student amount exceeds the amount	27191
specified in division (F)(1) of that section. In that case, the	27192
Department shall distribute the per-student amount specified in	27193
division (F)(1) of that section to each service center for each	27194
such student and shall distribute the remainder proportionally, on	27195
a per-student basis for each such student, to the multi-county	27196
service centers described in division (F)(2) of that section.	27197

(3) If the Department has paid each service center under	27198
divisions ~~(D)~~(E)(1) and (2) of this section, the full amount	27199
specified in division (F) of section 3317.11 of the Revised Code	27200
for each student attributable to its local school districts and	27201
its client school districts described in division ~~(D)~~(E)(2) of	27202
this section the Department shall distribute any remaining funds	27203
proportionally, on a per-student basis, to each service center	27204
that sponsors a community school, other than an Internet- or	27205
computer-based community school, for the students included in the	27206
service center ADM under division (C) of this section. These	27207
payments shall not exceed per student the amount specified in	27208
division (F) of section 3317.11 of the Revised Code.	27209

(4) If the Department has paid each educational service	27210
center that sponsors a community school, other than an Internet-	27211
or computer-based community school, the full amount specified in	27212
division (F) of section 3317.11 of the Revised Code for each	27213
community school student included in the service center ADM under	27214
division (C) of this section, the Department shall distribute any	27215
remaining funds to each service center that is owed money under	27216
division (H) of section 3317.11 of the Revised Code for services	27217
provided to a STEM school. If insufficient funds remain to pay	27218
each service center the full amount calculated for it under	27219
division (H) of section 3317.11 of the Revised Code, the	27220
Department shall distribute the remaining funds proportionally, on	27221
a per-student basis, to each service center owed money under that	27222
division, unless that proportional per-student amount exceeds the	27223
per-student amount specified in any service center's contract	27224
entered into under section 3326.45 of the Revised Code. In that	27225
case, the Department shall distribute the lowest per-student	27226
amount specified in the service center contracts entered into	27227
under that section to each service center owed money under	27228
division (H) of section 3317.11 of the Revised Code and shall	27229
distribute the remainder proportionally, on a per-student basis,	27230
to service centers with contracts under section 3326.45 of the	27231
Revised Code that specify higher per-student amounts, but in no	27232
case shall the payments to any service center exceed the	27233
per-student amount specified in the service center's contract with	27234
the STEM school.	27235

Sec. 275.10. PAY EMPLOYEE BENEFITS FUNDS

27236

Accrued Leave Liability Fund Group	27237

806	995-666	Accrued Leave Fund	$	69,584,560	$	76,038,787	27238
807	995-667	Disability Fund	$	40,104,713	$	39,309,838	27239
TOTAL ALF Accrued Leave Liability							27240
Fund Group			$	109,689,273	$	115,348,625	27241

Agency Fund Group	27242

124	995-673	Payroll Deductions	$	2,125,000,000	$	2,175,000,000	27243
808	995-668	State Employee Health Benefit Fund	$	499,240,000	$	550,922,742	27244
809	995-669	Dependent Care Spending Account	$	2,969,635	$	2,969,635	27245
810	995-670	Life Insurance Investment Fund	$	2,113,589	$	2,229,834	27246
811	995-671	Parental Leave Benefit Fund	$	3,994,806	$	4,234,495	27247
813	995-672	Health Care Spending Account	$	12,000,000	$	12,000,000	27248
TOTAL AGY Agency Fund Group			$	2,645,318,030	$	2,747,356,706	27249

TOTAL ALL BUDGET FUND GROUPS

2,755,007,303

2,862,705,331

27250

ACCRUED LEAVE LIABILITY FUND

27251

The foregoing appropriation item 995-666, Accrued Leave Fund,	27252
shall be used to make payments from the Accrued Leave Liability	27253
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	27254
If it is determined by the Director of Budget and Management that	27255
additional amounts are necessary, the amounts are appropriated.	27256

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

27257

The foregoing appropriation item 995-667, Disability Fund,	27258
shall be used to make payments from the State Employee Disability	27259
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	27260
Revised Code. If it is determined by the Director of Budget and	27261
Management that additional amounts are necessary, the amounts are	27262
appropriated.	27263

PAYROLL WITHHOLDING FUND

27264

The foregoing appropriation item 995-673, Payroll Deductions,	27265
shall be used to make payments from the Payroll Withholding Fund	27266
(Fund 124). If it is determined by the Director of Budget and	27267
Management that additional appropriation amounts are necessary,	27268
such amounts are hereby appropriated.	27269

STATE EMPLOYEE HEALTH BENEFIT FUND

27270

The foregoing appropriation item 995-668, State Employee	27271
Health Benefit Fund, shall be used to make payments from the State	27272
Employee Health Benefit Fund (Fund 808), pursuant to section	27273
124.87 of the Revised Code. If it is determined by the Director of	27274
Budget and Management that additional amounts are necessary, the	27275
amounts are appropriated.	27276

DEPENDENT CARE SPENDING ACCOUNT

27277

The foregoing appropriation item 995-669, Dependent Care	27278
Spending Account, shall be used to make payments from the	27279
Dependent Care Spending Account (Fund 809) to employees eligible	27280
for dependent care expenses. If it is determined by the Director	27281
of Budget and Management that additional amounts are necessary,	27282
the amounts are appropriated.	27283

LIFE INSURANCE INVESTMENT FUND

27284

The foregoing appropriation item 995-670, Life Insurance	27285
Investment Fund, shall be used to make payments from the Life	27286
Insurance Investment Fund (Fund 810) for the costs and expenses of	27287
the state's life insurance benefit program pursuant to section	27288
125.212 of the Revised Code. If it is determined by the Director	27289
of Budget and Management that additional amounts are necessary,	27290
the amounts are appropriated.	27291

PARENTAL LEAVE BENEFIT FUND

27292

The foregoing appropriation item 995-671, Parental Leave	27293
Benefit Fund, shall be used to make payments from the Parental	27294
Leave Benefit Fund (Fund 811) to employees eligible for parental	27295
leave benefits pursuant to section 124.137 of the Revised Code. If	27296
it is determined by the Director of Budget and Management that	27297
additional amounts are necessary, the amounts are appropriated.	27298

HEALTH CARE SPENDING ACCOUNT

27299

There is hereby established in the State Treasury the Health	27300
Care Spending Account Fund (Fund 813). The foregoing appropriation	27301
item 995-672, Health Care Spending Account, shall be used to make	27302
payments from the fund. The fund shall be under the supervision of	27303
the Department of Administrative Services and shall be used to	27304
make payments pursuant to state employees' participation in a	27305
flexible spending account for non-reimbursed health care expenses	27306
and pursuant to Section 125 of the Internal Revenue Code. All	27307
income derived from the investment of the fund shall accrue to the	27308
fund. If it is determined by the Director of Administrative	27309
Services that additional appropriation amounts are necessary, the	27310
Director of Administrative Services may request that the Director	27311
of Budget and Management increase such amounts. Such amounts are	27312
hereby appropriated.	27313

At the request of the Director of Administrative Services,	27314
the Director of Budget and Management shall transfer up to	27315
$145,000 from the General Revenue Fund to the Health Care Spending	27316
Account Fund during fiscal years 2008 and 2009. This cash shall be	27317
transferred as needed to provide adequate cash flow for the Health	27318
Care Spending Account Fund during fiscal year 2008 and fiscal year	27319
2009. If funds are available at the end of fiscal years 2008 and	27320
2009, the Director of Budget and Management shall transfer cash up	27321
to the amount previously transferred in the respective year, plus	27322
interest income, back from the Health Care Spending Account (Fund	27323
813) to the General Revenue Fund.	27324

CASH TRANSFER TO ACCRUED LEAVE FUND

27325

The Director of Budget and Management may transfer	27326
$100,080.79 in cash from the Dependent Care Spending Account Fund	27327
(Fund 809) to the Accrued Leave Fund (Fund 806) to correct an	27328
intrastate transfer voucher from the Department of Natural	27329
Resources that was mistakenly deposited into the Dependent Care	27330
Spending Account Fund.	27331

Sec. 293.10. DOH DEPARTMENT OF HEALTH

27332

General Revenue Fund	27333

GRF	440-407	Animal Borne Disease and Prevention	$	2,327,101	$	2,327,101	27334
GRF	440-412	Cancer Incidence Surveillance System	$	1,002,619	$	1,002,619	27335
GRF	440-413	Local Health Department Support	$	3,786,794	$	3,786,794	27336
GRF	440-416	Child and Family Health Services	$	9,522,874	$	9,622,874	27337
GRF	440-418	Immunizations	$	9,400,615	$	9,400,615	27338
GRF	440-425	Abstinence and Adoption Education	$	500,000	$	500,000	27339
GRF	440-431	Free Clinic Liability Insurance	$	250,000	$	250,000	27340
GRF	440-437	Healthy Ohio	$	1,502,618	$	2,855,553	27341
GRF	440-438	Breast and Cervical Cancer Screening	$	2,500,000	$	2,500,000	27342
GRF	440-444	AIDS Prevention and Treatment	$	7,158,127	$	7,158,127	27343
GRF	440-446	Infectious Disease Prevention	$	200,000	$	200,000	27344
GRF	440-451	Lab and Public Health Prevention Programs	$	6,085,250	$	6,085,250	27345
GRF	440-452	Child and Family Health Services Match	$	1,024,017	$	1,024,017	27346
GRF	440-453	Health Care Quality Assurance	$	10,253,728	$	10,253,728	27347
GRF	440-454	Local Environmental Health	$	889,752	$	889,752	27348
GRF	440-459	Help Me Grow	$	10,923,397	$	14,041,847	27349
GRF	440-505	Medically Handicapped Children	$	10,791,784	$	10,791,784	27350
GRF	440-507	Targeted Health Care Services Over 21	$	1,681,023	$	1,681,023	27351
GRF	440-511	Uncompensated Care and Emergency Medical Assistance	$	0	$	3,500,000	27352
TOTAL GRF General Revenue Fund			$	79,799,699	$	87,871,084	27353

General Services Fund Group	27354

142	440-646	Agency Health Services	$	3,461,915	$	3,461,915	27355
211	440-613	Central Support Indirect Costs	$	28,884,707	$	28,884,707	27356
473	440-622	Lab Operating Expenses	$	4,954,045	$	4,954,045	27357
683	440-633	Employee Assistance Program	$	1,208,214	$	1,208,214	27358
698	440-634	Nurse Aide Training	$	170,000	$	170,000	27359
TOTAL GSF General Services							27360
Fund Group			$	38,678,881	$	38,678,881	27361

Federal Special Revenue Fund Group	27362

320	440-601	Maternal Child Health Block Grant	$	30,666,635	$	30,666,635	27363
387	440-602	Preventive Health Block Grant	$	7,826,659	$	7,826,659	27364
389	440-604	Women, Infants, and Children	$	230,077,451	$	230,077,451	27365
391	440-606	Medicaid/Medicare	$	24,850,959	$	24,850,959	27366
392	440-618	Federal Public Health Programs	$	136,778,215	$	136,778,215	27367
TOTAL FED Federal Special Revenue							27368
Fund Group			$	430,199,919	$	430,199,919	27369

State Special Revenue Fund Group	27370

4D6	440-608	Genetics Services	$	3,317,000	$	3,317,000	27371
4F9	440-610	Sickle Cell Disease Control	$	1,035,344	$	1,035,344	27372
4G0	440-636	Heirloom Birth Certificate	$	5,000	$	5,000	27373
4G0	440-637	Birth Certificate Surcharge	$	5,000	$	5,000	27374
4L3	440-609	Miscellaneous Expenses	$	446,468	$	446,468	27375
4P4	440-628	Ohio Physician Loan Repayment	$	0	$	476,870	27376
4T4	440-603	Child Highway Safety	$	233,894	$	233,894	27377
4V6	440-641	Save Our Sight	$	1,767,994	$	1,767,994	27378
470	440-647	Fee Supported Programs	$	27,996,243	$	25,905,140	27379
471	440-619	Certificate of Need	$	869,000	$	898,000	27380
477	440-627	Medically Handicapped Children Audit	$	3,693,016	$	3,693,016	27381
5B5	440-616	Quality, Monitoring, and Inspection	$	838,479	$	838,479	27382
5CB	440-640	Poison Control Centers	$	150,000	$	150,000	27383
5CN	440-645	Choose Life	$	75,000	$	75,000	27384
5C0	440-615	Alcohol Testing and Permit	$	1,455,405	$	1,455,405	27385
5D6	440-620	Second Chance Trust	$	1,054,951	$	1,054,951	27386
5EC	440-650	Health Emergency	$	15,312,500	$	0	27387
5ED	440-651	Smoke Free Indoor Air	$	800,000	$	800,000	27388
5G4	440-639	Adoption Services	$	20,000	$	20,000	27389
5L1	440-623	Nursing Facility Technical Assistance Program	$	664,282	$	698,595	27390
5Z7	440-624	Ohio Dental Loan Repayment	$	0	$	140,000	27391
610	440-626	Radiation Emergency Response	$	850,000	$	850,000	27392
666	440-607	Medically Handicapped Children - County Assessments	$	14,320,687	$	14,320,687	27393
TOTAL SSR State Special Revenue							27394
Fund Group			$	74,910,263	$	~~57,569,973~~ 58,186,843	27395

Holding Account Redistribution Fund Group	27396

R14	440-631	Vital Statistics	$	70,000	$	70,000	27397
R48	440-625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	27398
TOTAL 090 Holding Account							27399
Redistribution Fund Group			$	90,000	$	90,000	27400
TOTAL ALL BUDGET FUND GROUPS			$	623,678,762	$	~~614,409,857~~ 615,026,727	27401

Sec. 299.10. OHS OHIO HISTORICAL SOCIETY

27403

General Revenue Fund	27404

GRF	360-501	Operating Subsidy	$	3,649,244	$	3,649,252	27405
GRF	360-502	Site and Museum Operations	$	8,501,781	$	~~8,501,788~~ 8,357,176	27406
GRF	360-504	Ohio Preservation Office	$	417,516	$	415,381	27407
GRF	360-505	National Afro-American Museum	$	754,884	$	754,884	27408
GRF	360-506	Hayes Presidential Center	$	514,323	$	514,323	27409
GRF	360-508	State Historical Grants	$	853,000	$	775,000	27410
TOTAL GRF General Revenue Fund			$	14,690,748	$	14,610,628	27411
TOTAL ALL BUDGET FUND GROUPS			$	14,690,748	$	~~14,610,628~~ 14,466,016	27412

SUBSIDY APPROPRIATION

27413

Upon approval by the Director of Budget and Management, the	27414
foregoing appropriation items shall be released to the Ohio	27415
Historical Society in quarterly amounts that in total do not	27416
exceed the annual appropriations. The funds and fiscal records of	27417
the society for fiscal years 2008 and 2009 shall be examined by	27418
independent certified public accountants approved by the Auditor	27419
of State, and a copy of the audited financial statements shall be	27420
filed with the Office of Budget and Management. The society shall	27421
prepare and submit to the Office of Budget and Management the	27422
following:	27423

(A) An estimated operating budget for each fiscal year of the	27424
biennium. The operating budget shall be submitted at or near the	27425
beginning of each calendar year.	27426

(B) Financial reports, indicating actual receipts and	27427
expenditures for the fiscal year to date. These reports shall be	27428
filed at least semiannually during the fiscal biennium.	27429

The foregoing appropriations shall be considered to be the	27430
contractual consideration provided by the state to support the	27431
state's offer to contract with the Ohio Historical Society under	27432
section 149.30 of the Revised Code.	27433

STATE ARCHIVES

27434

Of the foregoing appropriation item 360-501, Operating	27435
Subsidy, $300,000 in each fiscal year shall be used for the State	27436
Archives, Library, and Artifact Collections program.	27437

HAYES PRESIDENTIAL CENTER

27438

If a United States government agency, including, but not	27439
limited to, the National Park Service, chooses to take over the	27440
operations or maintenance of the Hayes Presidential Center, in	27441
whole or in part, the Ohio Historical Society shall make	27442
arrangements with the National Park Service or other United States	27443
government agency for the efficient transfer of operations or	27444
maintenance.	27445

HISTORICAL GRANTS

27446

Of the foregoing appropriation item 360-508, State Historical	27447
Grants, $60,000 in fiscal year 2008 shall be distributed to the	27448
Paul Laurence Dunbar Home, $75,000 in each fiscal year shall be	27449
distributed to the Center for Holocaust and Humanity Education	27450
located at the Hebrew Union College-Jewish Institute of Religion	27451
in Cincinnati, $350,000 in each fiscal year shall be distributed	27452
to the Western Reserve Historical Society, $350,000 in each fiscal	27453
year shall be distributed to the Cincinnati Museum Center, and up	27454
to $18,000 in fiscal year 2008 shall be distributed to the	27455
Muskingum River Underground Railroad Historic Marker Project.	27456

PROCESSING FEES

27457

The Ohio Historical Society shall not charge or retain an	27458
administrative, service, or processing fee for distributing money	27459
that the General Assembly appropriates to the Society for grants	27460
or subsidies that the Society provides to other entities for their	27461
site-related programs.	27462

TRANSFER FOR STATEHOUSE TOURS AND EDUCATION

27463

On June 1, 2008, or as soon as possible thereafter, the	27464
Director of Budget and Management shall transfer $12,297 cash from	27465
GRF appropriation item 360-502, Site and Museum Operations, to the	27466
Statehouse Gift Shop/Events Fund (Fund 4S70) in the Capitol Square	27467
Review and Advisory Board to support Statehouse tours and	27468
education staff.	27469

Sec. 309.10. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

27470

General Revenue Fund	27471

GRF	600-321	Support Services					27472
		State	$	50,785,978	$	52,571,413	27473
		Federal	$	10,460,286	$	11,290,237	27474
		Support Services Total	$	61,246,264	$	63,861,650	27475
GRF	600-410	TANF State	$	267,619,061	$	267,619,061	27476
GRF	600-413	Child Care Match/Maintenance of Effort	$	84,120,596	$	84,120,596	27477
GRF	600-416	Computer Projects					27478
		State	$	115,383,181	$	116,419,033	27479
		Federal	$	21,488,920	$	21,192,117	27480
		Computer Projects Total	$	136,872,101	$	137,611,150	27481
GRF	600-417	Medicaid Provider Audits	$	2,000,000	$	2,000,000	27482
GRF	600-420	Child Support Administration	$	8,541,446	$	10,641,446	27483
GRF	600-421	Office of Family Stability	$	4,614,932	$	4,614,932	27484
GRF	600-423	Office of Children and Families	$	5,650,000	$	5,900,000	27485
GRF	600-425	Office of Ohio Health Plans					27486
		State	$	22,500,000	$	22,500,000	27487
		Federal	$	23,324,848	$	23,418,368	27488
		Office of Ohio Health Plans Total	$	45,824,848	$	45,918,368	27489
GRF	600-502	Administration - Local	$	34,014,103	$	34,014,103	27490
GRF	600-511	Disability Financial Assistance	$	22,128,480	$	25,335,908	27491
GRF	600-512	Non-TANF Disaster Assistance	$	1,000,000	$	1,000,000	27492
GRF	600-521	Entitlement Administration - Local	$	130,000,000	$	130,000,000	27493
GRF	600-523	Children and Families Services	$	78,115,135	$	78,115,135	27494
GRF	600-525	Health Care/Medicaid					27495
		State	$	3,371,917,993	$	~~3,603,598,928~~ 3,673,819,292	27496
		Federal	$	5,173,236,576	$	~~5,736,989,273~~ 5,865,064,895	27497
		Health Care Total	$	8,545,154,569	$	~~9,340,588,201~~ 9,538,884,187	27498
GRF	600-526	Medicare Part D	$	254,397,401	$	271,854,640	27499
GRF	600-528	Adoption Services					27500
		State	$	37,520,466	$	43,978,301	27501
		Federal	$	41,304,043	$	49,196,065	27502
		Adoption Services Total	$	78,824,509	$	93,174,366	27503
GRF	600-529	Capital Compensation Program	$	7,000,000	$	0	27504
GRF	600-534	Adult Protective Services	$	500,000	$	500,000	27505
TOTAL GRF General Revenue Fund							27506
		State	$	4,497,808,772	$	~~4,754,783,496~~ 4,825,003,860	27507
		Federal	$	5,269,814,673	$	~~5,842,086,060~~ 5,970,161,682	27508
		GRF Total	$	9,767,623,445	$	~~10,596,869,556~~ 10,795,165,542	27509

General Services Fund Group	27510

4A8	600-658	Child Support Collections	$	26,680,794	$	~~26,680,794~~ 31,929,211	27511
4R4	600-665	BCII Services/Fees	$	36,974	$	36,974	27512
5BG	600-653	Managed Care Assessment	$	210,655,034	$	222,667,304	27513
5C9	600-671	Medicaid Program Support	$	80,120,048	$	80,120,048	27514
5DL	600-639	Medicaid Revenue and Collections	$	51,966,785	$	~~56,296,844~~ 76,296,844	27515
5N1	600-677	County Technologies	$	1,000,000	$	1,000,000	27516
5P5	600-692	Health Care Services	$	93,000,000	$	~~62,000,000~~ 82,000,000	27517
613	600-645	Training Activities	$	135,000	$	135,000	27518
TOTAL GSF General Services							27519
Fund Group			$	463,594,635	$	~~448,936,964~~ 494,185,381	27520

Federal Special Revenue Fund Group	27521

3AW	600-675	Faith Based Initiatives	$	1,000,000	$	1,000,000	27522
3A2	600-641	Emergency Food Distribution	$	2,900,000	$	3,500,000	27523
3D3	600-648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	27524
3F0	600-623	Health Care Federal	$	1,209,188,383	$	~~1,211,196,561~~ 1,280,718,161	27525
3F0	600-650	Hospital Care Assurance Match	$	343,239,047	$	343,239,047	27526
3G5	600-655	Interagency Reimbursement	$	1,469,763,073	$	1,513,855,965	27527
3H7	600-617	Child Care Federal	$	207,269,463	$	200,167,593	27528
3N0	600-628	IV-E Foster Care Maintenance	$	153,963,142	$	153,963,142	27529
3S5	600-622	Child Support Projects	$	534,050	$	534,050	27530
3V0	600-688	Workforce Investment Act	$	232,568,453	$	233,082,144	27531
3V4	600-678	Federal Unemployment Programs	$	147,411,858	$	152,843,414	27532
3V4	600-679	Unemployment Compensation Review Commission - Federal	$	3,092,890	$	3,191,862	27533
3V6	600-689	TANF Block Grant	$	1,037,739,200	$	1,085,861,099	27534
3W3	600-659	TANF/Title XX Transfer	$	10,081,377	$	6,672,366	27535
327	600-606	Child Welfare	$	48,514,502	$	47,947,309	27536
331	600-686	Federal Operating	$	53,963,318	$	56,263,225	27537
384	600-610	Food Stamps and State Administration	$	160,237,060	$	153,147,118	27538
385	600-614	Refugee Services	$	10,196,547	$	11,057,826	27539
395	600-616	Special Activities/Child and Family Services	$	5,723,131	$	5,717,151	27540
396	600-620	Social Services Block Grant	$	114,479,464	$	114,474,085	27541
396	600-651	Second Harvest Food Banks	$	5,500,000	$	5,500,000	27542
397	600-626	Child Support	$	303,661,307	$	303,538,962	27543
398	600-627	Adoption Maintenance/ Administration	$	318,172,168	$	317,483,676	27544
TOTAL FED Federal Special Revenue							27545
Fund Group			$	5,841,238,957	$	~~5,926,277,119~~ 5,995,798,719	27546

State Special Revenue Fund Group	27547

198	600-647	Children's Trust Fund	$	6,788,522	$	6,788,522	27548
4A9	600-607	Unemployment Compensation Administration Fund	$	12,273,062	$	12,188,996	27549
4A9	600-694	Unemployment Compensation Review Commission	$	1,726,938	$	1,811,004	27550
4E3	600-605	Nursing Home Assessments	$	4,759,914	$	4,759,914	27551
4E7	600-604	Child and Family Services Collections	$	300,000	$	300,000	27552
4J5	600-613	Nursing Facility Bed Assessments	$	34,613,984	$	34,613,984	27553
4J5	600-618	Residential State Supplement Payments	$	15,700,000	$	15,700,000	27554
4K1	600-621	ICF/MR Bed Assessments	$	19,332,437	$	~~19,332,437~~ 23,254,187	27555
4R3	600-687	Banking Fees	$	800,000	$	800,000	27556
4Z1	600-625	HealthCare Compliance	$	10,000,000	$	10,000,000	27557
5AJ0	600-631	Money Follows the Person	$	0	$	4,400,000	27558
5DB	600-637	Military Injury Grants	$	2,000,000	$	2,000,000	27559
5ES	600-630	Food Assistance	$	500,000	$	500,000	27560
5F2	600-667	Building Consolidation	$	250,000	$	250,000	27561
5F3	600-668	Building Consolidation	$	1,000,000	$	1,000,000	27562
5Q9	600-619	Supplemental Inpatient Hospital Payments	$	56,125,998	$	56,125,998	27563
5R2	600-608	Medicaid-Nursing Facilities	$	175,000,000	$	175,000,000	27564
5S3	600-629	MR/DD Medicaid Administration and Oversight	$	1,620,960	$	1,620,960	27565
5U3	600-654	Health Care Services Administration	$	9,867,284	$	12,000,349	27566
5U6	600-663	Children and Family Support	$	4,928,718	$	4,928,718	27567
5Z9	600-672	TANF Quality Control Reinvestments	$	520,971	$	546,254	27568
651	600-649	Hospital Care Assurance Program Fund	$	231,893,404	$	231,893,404	27569
TOTAL SSR State Special Revenue							27570
Fund Group			$	590,002,192	$	~~592,160,540~~ 600,482,290	27571

Agency Fund Group	27572

192	600-646	Support Intercept - Federal	$	110,000,000	$	110,000,000	27573
5B6	600-601	Food Stamp Intercept	$	2,000,000	$	2,000,000	27574
583	600-642	Support Intercept - State	$	16,000,000	$	16,000,000	27575
TOTAL AGY Agency Fund Group			$	128,000,000	$	128,000,000	27576

Holding Account Redistribution Fund Group	27577

R12	600-643	Refunds and Audit Settlements	$	3,600,000	$	3,600,000	27578
R13	600-644	Forgery Collections	$	10,000	$	10,000	27579
TOTAL 090 Holding Account Redistribution Fund Group			$	3,610,000	$	3,610,000	27580
TOTAL ALL BUDGET FUND GROUPS			$	16,794,069,229	$	~~17,695,854,179~~ 18,017,241,932	27581

BUDGET STABILIZATION FUND TRANSFER FOR MEDICAID

27582

Notwithstanding section 127.14 of the Revised Code, if the	27583
Director of Budget and Management determines that additional	27584
appropriations are needed to fund the Medicaid program, the	27585
Director may, with Controlling Board approval, transfer up to	27586
$63,333,420 cash in fiscal year 2009 from the Budget Stabilization	27587
Fund to the General Revenue Fund. Upon approval from the	27588
Controlling Board, the Director of Budget and Management shall	27589
transfer the approved amounts of cash, increase the state share of	27590
appropriations to line item 600-525, Health Care/Medicaid, and	27591
adjust the federal share accordingly. Any such transfers and	27592
adjustments are hereby appropriated.	27593

Sec. 309.30.13. CHILDREN'S HOSPITALS

27594

(A) As used in this section:

27595

"Children's hospital" means a hospital that primarily serves	27596
patients eighteen years of age and younger and is excluded from	27597
Medicare prospective payment in accordance with 42 C.F.R.	27598
412.23(d).	27599

"Medicaid inpatient cost-to-charge ratio" means the historic	27600
Medicaid inpatient cost-to-charge ratio applicable to a hospital	27601
as described in rules adopted by the Director of Job and Family	27602
Services in paragraph (B)(2) of rule 5101:3-2-22 of the	27603
Administrative Code.	27604

(B) Notwithstanding paragraph (C)(5) of rule 5101:3-2-07.9 of	27605
the Administrative Code and except as provided in division (C) of	27606
this section, the Director of Job and Family Services shall pay a	27607
children's hospital that meets the criteria in paragraphs (E)(1)	27608
and (2) of rule 5101:3-2-07.9 of the Administrative Code, for each	27609
cost outlier claim made in fiscal years 2008 and 2009, an amount	27610
that is the product of the hospital's allowable charges and the	27611
hospital's Medicaid inpatient cost-to-charge ratio.	27612

(C) The Director of Job and Family Services shall cease	27613
paying a children's hospital for a cost outlier claim under the	27614
methodology in division (B) of this section and revert to paying	27615
the hospital for such a claim according to methodology in	27616
paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of the	27617
Administrative Code, as applicable, when the difference between	27618
the total amount the Director has paid according to the	27619
methodology in division (B) of this section for such claims and	27620
the total amount the Director would have paid according to the	27621
methodology in paragraph (A)(6) or (C)(5) of rule 5101:3-2-07.9 of	27622
the Administrative Code, as the applicable paragraph existed on	27623
June 30, 2007, for such claims, exceeds the sum of the state funds	27624
and corresponding federal match earmarked in division (F) of this	27625
section and reappropriated in division (G) of this section for the	27626
applicable fiscal year.	27627

(D) The Director of Job and Family Services shall make	27628
supplemental Medicaid payments to hospitals for inpatient services	27629
under a program modeled after the program the Department of Job	27630
and Family Services was required to create for fiscal years 2006	27631
and 2007 in Section 206.66.79 of Am. Sub. H.B. 66 of the 126th	27632
General Assembly if the difference between the total amount the	27633
Director has paid according to the methodology in division (B) of	27634
this section for cost outlier claims and the total amount the	27635
Director would have paid according to the methodology in paragraph	27636
(A)(6) or (C)(5) of rule 5101:3-2-07.9 of the Administrative Code	27637
for such claims, as the applicable paragraph existed on June 30,	27638
2007, does not require the expenditure of all state and federal	27639
funds earmarked in division (F) of this section for the applicable	27640
fiscal year.	27641

(E) The Director of Job and Family Services shall not adopt,	27642
amend, or rescind any rules that would result in decreasing the	27643
amount paid to children's hospitals under division (B) of this	27644
section for cost outlier claims.	27645

(F) Of the foregoing appropriation item, 600-525, Health	27646
Care/Medicaid, up to $6 million (state share) in each fiscal year	27647
plus the corresponding federal match, if available, shall be used	27648
by the Department to pay the amounts described in division (B) of	27649
this section.	27650

(G) The unencumbered balance of the $6 million in division	27651
(F) of this section at the end of fiscal year 2008 is hereby	27652
reappropriated to appropriation item 600-525, Health	27653
Care/Medicaid, for fiscal year 2009 to be used by the Department	27654
to pay the amounts described in division (B) of this section. The	27655
Director of Budget and Management shall increase the state share	27656
of appropriations in appropriation item 600-525, Health	27657
Care/Medicaid, by the amount of the unencumbered balance of the $6	27658
million, with a corresponding increase in the federal share. The	27659
Department shall expend, not later than June 30, 2009, the entire	27660
amount of the unencumbered balance of the $6 million	27661
reappropriated to appropriation item 600-525, Health	27662
Care/Medicaid, for fiscal year 2009 by this division, by the	27663
corresponding increase in the federal share, and the $6 million	27664
plus the corresponding federal match earmarked for fiscal year	27665
2009 by division (F) of this section to pay the amounts described	27666
in division (B) of this section.	27667

Sec. 309.30.30. FISCAL YEAR 2009 MEDICAID REIMBURSEMENT	27668
SYSTEM FOR NURSING FACILITIES	27669

(A) As used in this section:

27670

(1) "Capital costs," "cost of ownership," and "renovation"	27671
have the same meanings as in section 5111.20 of the Revised Code	27672
as that section existed on June 30, 2005.	27673

(2) "Fiscal year 2008 rate" means the rate a provider of a	27674
nursing facility is paid for nursing facility services the nursing	27675
facility provides on June 30, 2008.	27676

(3) "Franchise permit fee," "inpatient days," "Medicaid	27677
days," "nursing facility," and "provider" have the same meanings	27678
as in section 5111.20 of the Revised Code.	27679

(4) "Nursing facility services" means nursing facility	27680
services covered by the Medicaid program that a nursing facility	27681
provides to a resident of the nursing facility who is a Medicaid	27682
recipient eligible for Medicaid-covered nursing facility	27683
services.	27684

(5) "Reviewable activity" has the same meaning as in section	27685
3702.51 of the Revised Code.	27686

(6) "Type A nursing facility" means a nursing facility that	27687
qualifies for a per diem under Section 309.30.42 of Am. Sub. H.B.	27688
119 of the 127th General Assembly, as amended by this act.	27689

(7) "Type B nursing facility" means a nursing facility to	27690
which both of the following apply:	27691

(a) Both of the following occurred during the last quarter of	27692
fiscal year 2008:	27693

(i) The facility obtained certification as a nursing facility	27694
from the Director of Health.	27695

(ii) The facility began participating in the Medicaid	27696
program.	27697

(b) An application for a certificate of need for the nursing	27698
facility was filed with the Director of Health before June 15,	27699
2005.	27700

(8) "Type C nursing facility" means a nursing facility to	27701
which all of the following apply:	27702

(a) The nursing facility is not a type B nursing facility.

27703

(b) The nursing facility, during the last quarter of fiscal	27704
year 2008, completed a capital project for which a certificate of	27705
need was filed with the Director of Health before June 15, 2005,	27706
and for which at least one of the following occurred before July	27707
1, 2005, or, if the capital project is undertaken to comply with	27708
rules adopted by the Public Health Council regarding resident room	27709
size or occupancy, before June 30, 2007:	27710

(i) Any materials or equipment for the capital project were	27711
delivered;	27712

(ii) Preparations for the physical site of the capital	27713
project, including, if applicable, excavation, began;	27714

(iii) Actual work on the capital project began.

27715

(c) The provider of the nursing facility files a three-month	27716
projected capital cost report for the nursing facility with the	27717
Director of Job and Family Services not later than ninety days	27718
after the date the capital project is completed.	27719

(9) "Type D nursing facility" means a nursing facility that,	27720
during the last quarter of fiscal year 2008, completed an activity	27721
to which all of the following apply:	27722

(a) A request was filed with the Director of Health before	27723
July 1, 2005, for a determination of whether the activity is a	27724
reviewable activity and the Director determined that the activity	27725
is not a reviewable activity.	27726

(b) At least one of the following occurred before July 1,	27727
2005, or, if the nursing facility undertakes the activity to	27728
comply with rules adopted by the Public Health Council regarding	27729
resident room size or occupancy, before June 30, 2007:	27730

(i) Any materials or equipment for the activity were	27731
delivered.	27732

(ii) Preparations for the physical site of the activity,	27733
including, if applicable, excavation, began.	27734

(iii) Actual work on the activity began.

27735

(c) The provider of the nursing facility files a three-month	27736
projected capital cost report for the nursing facility with the	27737
Director of Job and Family Services not later than ninety days	27738
after the date the activity is completed.	27739

(10) "Type E nursing facility" means a nursing facility that,	27740
during the last quarter of fiscal year 2008, completed a	27741
renovation to which all of the following apply:	27742

(a) The Director of Job and Family Services approved the	27743
renovation before July 1, 2005.	27744

(b) At least one of the following occurred before July 1,	27745
2005, or, if the nursing facility undertakes the renovation to	27746
comply with rules adopted by the Public Health Council regarding	27747
resident room size or occupancy, before June 30, 2007:	27748

(i) Any materials or equipment for the renovation were	27749
delivered.	27750

(ii) Preparations for the physical site of the renovation,	27751
including, if applicable, excavation, began.	27752

(iii) Actual work on the renovation began.

27753

(c) The provider of the nursing facility files a three-month	27754
projected capital cost report for the nursing facility with the	27755
Director of Job and Family Services not later than ninety days	27756
after the date the renovation is completed.	27757

(11) "Type F nursing facility" means a nursing facility to	27758
which all of the following apply:	27759

(a) The nursing facility, during either the first or second	27760
quarter of fiscal year 2009, completed a capital project for which	27761
the Director of Health approved a certificate of need on December	27762
22, 2003.	27763

(b) The nursing facility has one hundred ninety-two beds.

27764

(c) The provider of the nursing facility files a three-month	27765
projected capital cost report for the nursing facility with the	27766
Director of Job and Family Services not later than ninety days	27767
after the date the capital project is completed.	27768

(B) Except as otherwise provided by this section, the	27769
provider of a nursing facility that has a valid Medicaid provider	27770
agreement on June 30, 2008, and a valid Medicaid provider	27771
agreement during fiscal year 2009 shall be paid, for nursing	27772
facility services the nursing facility provides during fiscal year	27773
2009, the rate calculated for the nursing facility under sections	27774
5111.20 to 5111.33 of the Revised Code with the following	27775
adjustments:	27776

(1) The cost per case mix-unit calculated under section	27777
5111.231 of the Revised Code, the rate for ancillary and support	27778
costs calculated under section 5111.24 of the Revised Code, the	27779
rate for capital costs calculated under section 5111.25 of the	27780
Revised Code, and the rate for tax costs calculated under section	27781
5111.242 of the Revised Code shall each be adjusted as follows:	27782

(a) Increase the cost and rates so calculated by two per	27783
cent;	27784

(b) Increase the cost and rates determined under division	27785
(B)(1)(a) of this section by two per cent;	27786

(c) Increase the cost and rates determined under division	27787
(B)(1)(b) of this section by one per cent.	27788

(2) The mean payment used in the calculation of the quality	27789
incentive payment made under section 5111.244 of the Revised Code	27790
shall be, weighted by Medicaid days, three dollars and three cents	27791
per Medicaid day.	27792

(C) If the rate determined for a nursing facility under	27793
division (B) of this section for nursing facility services	27794
provided during fiscal year 2009 is more than one hundred two and	27795
seventy-five hundredths per cent of the sum of the nursing	27796
facility's fiscal year 2008 rate ~~the provider is paid for~~	27797
~~nursing facility services the nursing facility provides on June~~	27798
~~30, 2008~~and the amount specified in division (D) of this section,	27799
the Department of Job and Family Services shall reduce the	27800
nursing facility's fiscal year 2009 rate so that the rate is	27801
not more than one hundred two and seventy-five hundredths per	27802
cent of ~~the nursing facility's rate for June 30, 2008~~that sum.	27803
If the rate determined for a nursing facility under division	27804
(B) of this section for nursing facility services provided	27805
during fiscal year 2009 is less than the sum of the nursing	27806
facility's fiscal year 2008 rate ~~the provider is paid for~~	27807
~~nursing facility services the nursing facility provides on~~	27808
~~June 30, 2008~~and the amount specified in division (D) of this	27809
section, the Department shall increase the nursing facility's	27810
fiscal year 2009 rate so that the rate is not less than ~~the~~	27811
~~nursing facility's rate for June 30, 2008~~that sum.	27812

(D) Subject to division (E) of this section, the following	27813
amount shall be added to a nursing facility's fiscal year 2008	27814
rate for the purpose of determining the ceiling and floor under	27815
division (C) of this section:	27816

(1) If the nursing facility is a type A nursing facility, the	27817
amount of the per diem for which the nursing facility qualifies	27818
under Section 309.30.42 of Am. Sub. H.B. 119 of the 127th General	27819
Assembly, as amended by this act;	27820

(2) If the nursing facility is a type B nursing facility, the	27821
amount that is the difference between the capital costs portion of	27822
the nursing facility's initial rate established under section	27823
5111.254 of the Revised Code and the lesser of the following:	27824

(a) Eighty-eight and sixty-five hundredths per cent of the	27825
nursing facility's cost of ownership as reported on its	27826
three-month projected capital cost report divided by the greater	27827
of the number of inpatient days the nursing facility is expected	27828
to have during the period covered by the projected capital cost	27829
report or the number of inpatient days the nursing facility would	27830
have during that period if the nursing facility's occupancy rate	27831
was eighty per cent;	27832

(b) The maximum capital per diem rate in effect for fiscal	27833
year 2005 for nursing facilities.	27834

(3) If the nursing facility is a type C nursing facility,	27835
type D nursing facility, or type F nursing facility, the amount	27836
that is the difference between the capital costs portion of the	27837
nursing facility's fiscal year 2008 rate and the lesser of the	27838
following:	27839

(a) Eighty-eight and sixty-five hundredths per cent of the	27840
nursing facility's cost of ownership as reported on its	27841
three-month projected capital cost report divided by the greater	27842
of the number of inpatient days the nursing facility is expected	27843
to have during the period covered by the projected capital cost	27844
report or the number of inpatient days the nursing facility would	27845
have during that period if the nursing facility's occupancy rate	27846
was ninety-five per cent;	27847

(b) The maximum capital per diem rate in effect for fiscal	27848
year 2005 for nursing facilities.	27849

(4) If the nursing facility is a type E nursing facility, the	27850
amount that is equal to eighty-five per cent of the nursing	27851
facility's capital costs for the renovation as reported on its	27852
three-month projected capital cost report divided by the greater	27853
of the number of inpatient days the nursing facility is expected	27854
to have during the period covered by the projected capital cost	27855
report or the number of inpatient days the nursing facility would	27856
have during that period if the nursing facility's occupancy rate	27857
was ninety-five per cent;	27858

(5) If the nursing facility is not a type A nursing facility,	27859
type B nursing facility, type C nursing facility, type D nursing	27860
facility, type E nursing facility, or type F nursing facility,	27861
zero.	27862

(E) The amount to be added to the fiscal year 2008 rate of a	27863
type A nursing facility, type B nursing facility, type C nursing	27864
facility, type D nursing facility, type E nursing facility, or	27865
type F nursing facility for the purpose of determining the ceiling	27866
and floor under division (C) of this section shall be zero until	27867
the later of the following:	27868

(1) July 1, 2008;

27869

(2) The first day of the month following the month in which	27870
the provider files the three-month projected capital cost report	27871
for the nursing facility with the Director of Job and Family	27872
Services.	27873

(F) If the United States Centers for Medicare and Medicaid	27874
Services requires that the franchise permit fee be reduced or	27875
eliminated, the Department of Job and Family Services shall reduce	27876
the amount it pays providers of nursing facility services under	27877
this section as necessary to reflect the loss to the state of the	27878
revenue and federal financial participation generated from the	27879
franchise permit fee.	27880

~~(E)~~(G) The Department of Job and Family Services shall follow	27881
this section in determining the rate to be paid to the provider of	27882
a nursing facility that has a valid Medicaid provider agreement on	27883
June 30, 2008, and a valid Medicaid provider agreement during	27884
fiscal year 2009 notwithstanding anything to the contrary in	27885
sections 5111.20 to 5111.33 of the Revised Code.	27886

(H) Not later than sixty days after the effective date of the	27887
amendments to this section, the Director of Job and Family	27888
Services shall submit an amendment to the state Medicaid plan to	27889
the United States Secretary of Health and Human Services as	27890
necessary to implement the amendments to this section. On receipt	27891
of the United States Secretary's approval of the amendment to the	27892
state Medicaid plan, the Director shall implement the amendments	27893
to this section retroactive to the effective date of the state	27894
Medicaid plan amendment.	27895

Sec. 309.30.40. FISCAL YEARS 2008 AND 2009 MEDICAID	27896
REIMBURSEMENT SYSTEM FOR ICFs/MR	27897

(A) As used in this section:

27898

"Intermediate care facility for the mentally retarded" has	27899
the same meaning as in section 5111.20 of the Revised Code.	27900

"Medicaid days" means all days during which a resident who is	27901
a Medicaid recipient occupies a bed in an intermediate care	27902
facility for the mentally retarded that is included in the	27903
facility's Medicaid-certified capacity. Therapeutic or hospital	27904
leave days for which payment is made under section 5111.33 of the	27905
Revised Code are considered Medicaid days proportionate to the	27906
percentage of the intermediate care facility for the mentally	27907
retarded's per resident per day rate paid for those days.	27908

"Per diem rate" means the per diem rate calculated pursuant	27909
to sections 5111.20 to 5111.33 of the Revised Code.	27910

(B) Notwithstanding sections 5111.20 to 5111.33 of the	27911
Revised Code, rates paid to intermediate care facilities for the	27912
mentally retarded under the Medicaid program shall be subject to	27913
the following limitations:	27914

(1) For fiscal year 2008, the mean total per diem rate for	27915
all intermediate care facilities for the mentally retarded in the	27916
state, weighted by May 2007 Medicaid days and calculated as of	27917
July 1, 2007, shall not exceed $266.14.	27918

(2) For fiscal year 2009, the mean total per diem rate for	27919
all intermediate care facilities for the mentally retarded in the	27920
state, weighted by May 2008 Medicaid days and calculated as of	27921
July 1, 2008, shall not exceed ~~$271.46~~$276.13.	27922

(3) If the mean total per diem rate for all intermediate care	27923
facilities for the mentally retarded in the state for fiscal year	27924
2008 or 2009, weighted by Medicaid days as specified in division	27925
(B)(1) or (2) of this section, as appropriate, and calculated as	27926
of the first day of July of the calendar year in which the fiscal	27927
year begins, exceeds the amount specified in division (B)(1) or	27928
(2) of this section, as applicable, the Department of Job and	27929
Family Services shall reduce the total per diem rate for each	27930
intermediate care facility for the mentally retarded in the state	27931
by a percentage that is equal to the percentage by which the mean	27932
total per diem rate exceeds the amount specified in division	27933
(B)(1) or (2) of this section for that fiscal year.	27934

(4) Subsequent to any reduction required by division (B)(3)	27935
of this section, the rate of an intermediate care facility for the	27936
mentally retarded shall not be subject to any adjustments	27937
authorized by sections 5111.20 to 5111.33 of the Revised Code	27938
during the remainder of the year.	27939

Sec. 309.30.41. ADDITIONAL COMPENSATION FOR NURSING FACILITY	27940
CAPITAL COSTS	27941

The foregoing appropriation item 600-529, Capital	27942
Compensation Program, shall be used to make payments to nursing	27943
facilities under ~~the section of this act entitled "FISCAL YEARS~~	27944
~~2008 AND 2009 PAYMENTS TO CERTAIN NURSING FACILITIES~~Section	27945
309.30.42 of Am. Sub. H.B. 119 of the 127th General Assembly."	27946

The unencumbered balance of appropriation item 600-529,	27947
Capital Compensation Program, at the end of fiscal year 2008 is	27948
hereby appropriated to appropriation item 600-525, Health	27949
Care/Medicaid, for fiscal year 2009 ~~for use under the same~~	27950
~~appropriation item~~. The Director of Budget and Management shall	27951
increase the state share of appropriations in appropriation item	27952
600-525, Health Care/Medicaid, by the amount of the unencumbered	27953
balance of appropriation item 600-529, Capital Compensation	27954
Program, with a corresponding increase in the federal share.	27955

Sec. 309.30.42. FISCAL ~~YEARS~~YEAR 2008 ~~AND 2009~~ PAYMENTS TO	27956
CERTAIN NURSING FACILITIES	27957

(A) As used in this section:

27958

"Capital costs," "cost of ownership," and "renovation" have	27959
the same meanings as in section 5111.20 of the Revised Code as	27960
that section existed on June 30, 2005.	27961

"Change of operator" has the same meaning as in section	27962
5111.65 of the Revised Code.	27963

"Inpatient days," "Medicaid days," and "nursing facility"	27964
have the same meanings as in section 5111.20 of the Revised Code.	27965

"Reviewable activity" has the same meaning as in section	27966
3702.51 of the Revised Code.	27967

(B) The following qualify for per diem payments under this	27968
section:	27969

(1) A nursing facility to which both of the following apply:

27970

(a) Both of the following occurred during fiscal year 2006,	27971
or 2007, or the first three quarters of fiscal year 2008:	27972

(i) The facility obtained certification as a nursing facility	27973
from the Director of Health.	27974

(ii) The facility began participating in the Medicaid	27975
program.	27976

(b) An application for a certificate of need for the nursing	27977
facility was filed with the Director of Health before June 15,	27978
2005.	27979

(2) A nursing facility to which all of the following apply:

27980

(a) The nursing facility does not qualify for a payment	27981
pursuant to division (B)(1) of this section.	27982

(b) The nursing facility, before ~~June 30~~March 31, 2008,	27983
completed a capital project for which a certificate of need was	27984
filed with the Director of Health before June 15, 2005, and for	27985
which at least one of the following occurred before July 1, 2005,	27986
or, if the capital project is undertaken to comply with rules	27987
adopted by the Public Health Council regarding resident room size	27988
or occupancy, before June 30, 2007:	27989

(i) Any materials or equipment for the capital project were	27990
delivered;	27991

(ii) Preparations for the physical site of the capital	27992
project, including, if applicable, excavation, began;	27993

(iii) Actual work on the capital project began.

27994

(c) The costs of the capital project are not fully reflected	27995
in the capital costs portion of the nursing facility's Medicaid	27996
reimbursement per diem rate on June 30, 2005.	27997

(d) The nursing facility files a three-month projected	27998
capital cost report with the Director of Job and Family Services	27999
not later than ninety days after the later of March 30, 2006, or	28000
the date the capital project is completed.	28001

(3) A nursing facility that, before ~~June 30~~March 31, 2008,	28002
completed an activity to which all of the following apply:	28003

(a) A request was filed with the Director of Health before	28004
July 1, 2005, for a determination of whether the activity is a	28005
reviewable activity and the Director determined that the activity	28006
is not a reviewable activity.	28007

(b) At least one of the following occurred before July 1,	28008
2005, or, if the nursing facility undertakes the activity to	28009
comply with rules adopted by the Public Health Council regarding	28010
resident room size or occupancy, before June 30, 2007:	28011

(i) Any materials or equipment for the activity were	28012
delivered.	28013

(ii) Preparations for the physical site of the activity,	28014
including, if applicable, excavation, began.	28015

(iii) Actual work on the activity began.

28016

(c) The costs of the activity are not fully reflected in the	28017
capital costs portion of the nursing facility's Medicaid	28018
reimbursement per diem rate on June 30, 2005.	28019

(d) The nursing facility files a three-month projected	28020
capital cost report with the Director of Job and Family Services	28021
not later than ninety days after the later of March 30, 2006, or	28022
the date the activity is completed.	28023

(4) A nursing facility that, before ~~June 30~~March 31, 2008,	28024
completed a renovation to which all of the following apply:	28025

(a) The Director of Job and Family Services approved the	28026
renovation before July 1, 2005.	28027

(b) At least one of the following occurred before July 1,	28028
2005, or, if the nursing facility undertakes the renovation to	28029
comply with rules adopted by the Public Health Council regarding	28030
resident room size or occupancy, before June 30, 2007:	28031

(i) Any materials or equipment for the renovation were	28032
delivered.	28033

(ii) Preparations for the physical site of the renovation,	28034
including, if applicable, excavation, began.	28035

(iii) Actual work on the renovation began.

28036

(c) The costs of the renovation are not fully reflected in	28037
the capital costs portion of the nursing facility's Medicaid	28038
reimbursement per diem rate on June 30, 2005.	28039

(d) The nursing facility files a three-month projected	28040
capital cost report with the Director of Job and Family Services	28041
not later than ninety days after the later of March 30, 2006, or	28042
the date the renovation is completed.	28043

(C) If a nursing facility qualifies for per diem payments	28044
pursuant to division (B)(1) of this section ~~for fiscal year 2008~~,	28045
the nursing facility's per diem payments under this section ~~for~~	28046
~~fiscal year 2008~~ shall equal the difference between the capital	28047
costs portion of the nursing facility's Medicaid reimbursement per	28048
diem rate determined under Section 309.30.20 of ~~this act~~Am. Sub.	28049
H.B. 119 of the 127th General Assembly or, if that section does	28050
not apply to the nursing facility, the capital costs portion of	28051
the nursing facility's initial rate established under section	28052
5111.254 of the Revised Code and the lesser of the following:	28053

(1) Eighty-eight and sixty-five hundredths per cent of the	28054
nursing facility's cost of ownership as reported on a three-month	28055
projected capital cost report divided by the greater of the number	28056
of inpatient days the nursing facility is expected to have during	28057
the period covered by the projected capital cost report or the	28058
number of inpatient days the nursing facility would have during	28059
that period if the nursing facility's occupancy rate was eighty	28060
per cent.	28061

(2) The maximum capital per diem rate in effect for fiscal	28062
year 2005 for nursing facilities.	28063

(D) ~~If a nursing facility qualifies for per diem payments~~	28064
~~pursuant to division (B)(1) of this section for fiscal year 2009,~~	28065
~~the nursing facility's per diem payments under this section for~~	28066
~~fiscal year 2009 shall equal the difference between the capital~~	28067
~~costs portion of the nursing facility's Medicaid reimbursement per~~	28068
~~diem rate determined under Section 309.30.30 of this act and the~~	28069
~~lesser of the following:~~	28070

~~(1) Eighty-eight and sixty-five hundredths per cent of the~~	28071
~~nursing facility's cost of ownership as reported on a three-month~~	28072
~~projected capital cost report divided by the greater of the number~~	28073
~~of inpatient days the nursing facility is expected to have during~~	28074
~~the period covered by the projected capital cost report or the~~	28075
~~number of inpatient days the nursing facility would have during~~	28076
~~that period if the nursing facility's occupancy rate was eighty~~	28077
~~per cent.~~	28078

~~(2) The maximum capital per diem rate in effect for fiscal~~	28079
~~year 2005 for nursing facilities.~~	28080

~~(E)~~ The per diem payments paid ~~for fiscal year 2008~~ to a	28081
nursing facility that qualifies for the payments pursuant to	28082
division (B)(2) or (3) of this section shall equal the difference	28083
between the capital costs portion of the nursing facility's	28084
Medicaid reimbursement per diem rate determined under Section	28085
309.30.20 of ~~this act~~Am. Sub. H.B. 119 of the 127th General	28086
Assembly and the lesser of the following:	28087

(1) Eighty-eight and sixty-five hundredths per cent of the	28088
nursing facility's cost of ownership as reported on a three-month	28089
projected capital cost report divided by the greater of the number	28090
of inpatient days the nursing facility is expected to have during	28091
the period covered by the projected capital cost report or the	28092
number of inpatient days the nursing facility would have during	28093
that period if the nursing facility's occupancy rate was	28094
ninety-five per cent.	28095

(2) The maximum capital per diem rate in effect for fiscal	28096
year 2005 for nursing facilities.	28097

~~(F) The per diem payments paid for fiscal year 2009 to a~~	28098
~~nursing facility that qualifies for the payments pursuant to~~	28099
~~division (B)(2) or (3) of this section shall equal the difference~~	28100
~~between the capital costs portion of the nursing facility's~~	28101
~~Medicaid reimbursement per diem rate determined under Section~~	28102
~~309.30.30 of this act and the lesser of the following:~~	28103

~~(1) Eighty-eight and sixty-five hundredths per cent of the~~	28104
~~nursing facility's cost of ownership as reported on a three-month~~	28105
~~projected capital cost report divided by the greater of the number~~	28106
~~of inpatient days the nursing facility is expected to have during~~	28107
~~the period covered by the projected capital cost report or the~~	28108
~~number of inpatient days the nursing facility would have during~~	28109
~~that period if the nursing facility's occupancy rate was~~	28110
~~ninety-five per cent.~~	28111

~~(2) The maximum capital per diem rate in effect for fiscal~~	28112
~~year 2005 for nursing facilities.~~	28113

~~(G)~~(E) The per diem payments paid to a nursing facility that	28114
qualifies for the payments pursuant to division (B)(4) of this	28115
section shall equal eighty-five per cent of the nursing facility's	28116
capital costs for the renovation as reported on a three-month	28117
projected capital cost report divided by the greater of the number	28118
of inpatient days the nursing facility is expected to have during	28119
the period covered by the projected capital cost report or the	28120
number of inpatient days the nursing facility would have during	28121
that period if the nursing facility's occupancy rate was	28122
ninety-five per cent.	28123

~~(H)~~(F) All of the following apply to the per diem payments	28124
made under this section:	28125

(1) ~~All nursing facilities' eligibility for the payments~~	28126
~~shall cease at the earlier of the following:~~	28127

~~(a) July 1, 2009;~~

28128

~~(b) The date that the total amount of the payments equals~~	28129
~~seven million dollars.~~	28130

~~(2) The payments made for the last quarter that the payments~~	28131
~~are made may be reduced proportionately as necessary to avoid~~	28132
~~spending more than seven million dollars under this section.~~	28133

~~(3) The~~Subject to the following, the per diem payments shall	28134
be made for ~~quarterly periods~~only the first three quarters of	28135
fiscal year 2008 by multiplying the per diem determined for a	28136
nursing facility by the number of Medicaid days the nursing	28137
facility has for the ~~quarter~~quarters for which the payment is	28138
made:	28139

(a) Not more than a total of four million two hundred	28140
thousand dollars may be spent on the payments.	28141

(b) The payments may be reduced proportionately as necessary	28142
to avoid spending more than four million two hundred thousand	28143
dollars under this section.	28144

~~(4)~~(2) Any per diem payments to be made to a nursing facility	28145
~~for a quarter ending before July 2008~~under this section shall be	28146
made not later than ~~September~~June 30, 2008.	28147

~~(5) Any per diem payments to be made to a nursing facility~~	28148
~~for a quarter beginning after June 2008 shall be made not later~~	28149
~~than three months after the last day of the quarter for which the~~	28150
~~payments are made.~~	28151

~~(6)~~(3) A change of operator shall not cause the payments to a	28152
nursing facility to ~~cease~~not be made.	28153

~~(7)~~(4) The payments shall only be made to a nursing facility	28154
for the first three quarters ~~during~~of fiscal ~~years~~year 2008 ~~and~~	28155
~~2009~~ for which the nursing facility has a valid Medicaid	28156
provider agreement.	28157

~~(8)~~(5) The payments shall be in addition to a nursing	28158
facility's Medicaid reimbursement per diem rate calculated under	28159
Section 309.30.20 ~~or 309.30.30~~ of ~~this act~~Am. Sub. H.B. 119 of	28160
the 127th General Assembly.	28161

~~(I)~~(G) The Director of Job and Family Services shall monitor,	28162
~~on a quarterly basis,~~ the per diem payments made to nursing	28163
facilities under this section to ensure that not more than a	28164
total of ~~seven~~four million two hundred thousand dollars is spent	28165
under this section.	28166

~~(J)~~(H) The determinations that the Director of Job and Family	28167
Services makes under this section are not subject to appeal under	28168
Chapter 119. of the Revised Code.	28169

~~(K)~~(I) The Director of Job and Family Services may adopt	28170
rules in accordance with Chapter 119. of the Revised Code as	28171
necessary to implement this section. The Director's failure to	28172
adopt the rules does not affect the requirement that the per diem	28173
payments be made under this section.	28174

Sec. 309.40.33. CHILD SUPPORT COLLECTIONS/TANF MOE

28175

The foregoing appropriation item 600-658, Child Support	28176
Collections, shall be used by the Department of Job and Family	28177
Services to meet the TANF maintenance of effort requirements of 42	28178
U.S.C. 609(a)(7). When the state is assured that it will meet the	28179
maintenance of effort requirement, the Department of Job and	28180
Family Services may use funds from appropriation item 600-658,	28181
Child Support Collections, to support ~~child support~~public	28182
assistance activities.	28183

Sec. 337.30. COMMUNITY SERVICES

28184

General Revenue Fund	28185

GRF	322-413	Residential and Support Services	$	6,753,881	$	6,753,881	28186
GRF	322-416	Medicaid Waiver - State Match	$	109,551,380	$	109,551,380	28187
GRF	322-451	Family Support Services	$	6,938,898	$	6,938,898	28188
GRF	322-501	County Boards Subsidies	$	87,270,048	$	87,270,048	28189
GRF	322-503	Tax Equity	$	14,000,000	$	14,000,000	28190
GRF	322-504	Martin Settlement	$	6,159,766	$	29,036,451	28191
TOTAL GRF General Revenue Fund			$	230,673,973	$	253,550,658	28192

General Services Fund Group	28193

488	322-603	Provider Audit Refunds	$	10,000	$	10,000	28194
5MO	322-628	Martin Settlement	$	150,000	$	0	28195
TOTAL GSF General Services							28196
Fund Group			$	160,000	$	10,000	28197

Federal Special Revenue Fund Group	28198

3G6	322-639	Medicaid Waiver - Federal	$	456,311,171	$	506,618,829	28199
3M7	322-650	CAFS Medicaid	$	4,278,713	$	0	28200
325	322-612	Community Social Service Programs	$	11,186,114	$	11,164,639	28201
TOTAL FED Federal Special Revenue							28202
Fund Group			$	471,775,998	$	517,783,468	28203

State Special Revenue Fund Group	28204

4K8	322-604	Medicaid Waiver - State Match	$	12,000,000	$	12,000,000	28205
5DJ	322-625	Targeted Case Management Match	$	11,082,857	$	11,470,757	28206
5DJ	322-626	Targeted Case Management Services	$	27,548,737	$	28,512,943	28207
5EV	322-627	Program Fees	$	20,000	$	20,000	28208
5H0	322-619	Medicaid Repayment	$	10,000	$	10,000	28209
5Z1	322-624	County Board Waiver Match	$	116,000,000	$	126,000,000	28210
5CT	322-632	Autism Preschool Program	$	0	$	1,000,000	28211
TOTAL SSR State Special Revenue							28212
Fund Group			$	166,661,594	$	~~178,013,700~~ 179,013,700	28213
TOTAL ALL COMMUNITY SERVICES							28214
BUDGET FUND GROUPS			$	869,271,565	$	~~949,357,826~~ 950,357,826	28215

AUTISM PRESCHOOL PROGRAM

28216

Of the foregoing appropriation item 322-632, Autism Preschool	28217
Program, $1,000,000 in fiscal year 2009 shall be provided to the	28218
Educational Service Center of Franklin County to administer the	28219
Autism Preschool Program established under section 3323.36 of the	28220
Revised Code. The Director of Mental Retardation and Developmental	28221
Disabilities and the Superintendent of the Educational Service	28222
Center of Franklin County shall enter into an agreement, which	28223
shall require the Superintendent, at the end of each grant period,	28224
to submit a report to the Director of Mental Retardation and	28225
Developmental Disabilities on the Autism Preschool Program	28226
detailing the use of the funds and outcomes of the program funded	28227
by the grant.	28228

Sec. 337.30.43. TAX EQUITY

28229

Notwithstanding section 5126.18 of the Revised Code, ~~if a~~	28230
~~county board of mental retardation and developmental disabilities~~	28231
~~received a tax equity payment in fiscal year 2007, but would not~~	28232
~~receive such a payment in fiscal years 2008 and 2009, the~~	28233
~~Department of Mental Retardation and Developmental Disabilities~~	28234
~~shall use the foregoing appropriation item 322-503, Tax Equity, to~~	28235
~~pay each such board in each fiscal year of the biennium an amount~~	28236
~~that is equal to the tax equity payment the board received in~~	28237
~~fiscal year 2007 or $25,000, whichever is less. The Department~~	28238
~~shall use the remainder of the appropriation item to make tax~~	28239
~~equity payments in accordance with section 5126.18 of the Revised~~	28240
~~Code~~for fiscal year 2009, if the Department of Mental Retardation	28241
and Developmental Disabilities determines that sufficient funds	28242
are available, the Department shall use the foregoing	28243
appropriation item 322-503, Tax Equity, to pay each county board	28244
of mental retardation and developmental disabilities an amount	28245
that is equal to the amount the board received for fiscal year	28246
2008. If the Department determines that there are not sufficient	28247
funds available in the appropriation item for this purpose, the	28248
Department shall pay to each county board an amount that is	28249
proportionate to the amount the board received for fiscal year	28250
2008. Proportionality shall be determined by dividing the total	28251
tax equity payments distributed to county boards for fiscal year	28252
2008 by the tax equity payment a county board received for fiscal	28253
year 2008.	28254

Sec. 337.40. RESIDENTIAL FACILITIES

28255

General Revenue Fund	28256

GRF	323-321		Developmental Center and Residential Facilities Operation Expenses		$	102,796,851		$	102,796,851		28257
TOTAL GRF General Revenue Fund					$	102,796,851		$	102,796,851		28258

General Services Fund Group	28259

152	323-609	Developmental Center and Residential Operating Services	$	912,177	$	912,177	28260
TOTAL GSF General Services							28261
Fund Group			$	912,177	$	912,177	28262

Federal Special Revenue Fund Group	28263

3A4	323-605	Developmental Center and Residential Facility Services and Support	$	136,299,536	$	137,555,308	28264
TOTAL FED Federal Special Revenue							28265
Fund Group			$	136,299,536	$	137,555,308	28266

State Special Revenue Fund Group	28267

221	322-620	Supplement Service Trust	$	150,000	$	150,000	28268
489	323-632	Developmental Center Direct Care Support	$	14,543,764	$	14,671,616	28269
TOTAL SSR State Special Revenue							28270
Fund Group			$	14,693,764	$	14,821,616	28271
TOTAL ALL RESIDENTIAL FACILITIES							28272
BUDGET FUND GROUPS			$	254,702,328	$	256,085,952	28273

DEPARTMENT TOTAL					28274
GENERAL REVENUE FUND	$	369,669,156	$	389,282,941	28275
DEPARTMENT TOTAL					28276
GENERAL SERVICES FUND GROUP	$	1,172,177	$	1,022,177	28277
DEPARTMENT TOTAL					28278
FEDERAL SPECIAL REVENUE FUND GROUP	$	610,780,538	$	658,082,406	28279
DEPARTMENT TOTAL					28280
STATE SPECIAL REVENUE FUND GROUP	$	192,359,213	$	~~204,307,651~~ 205,307,651	28281
TOTAL DEPARTMENT OF MENTAL					28282
RETARDATION AND DEVELOPMENTAL					28283
DISABILITIES	$	1,173,981,084	$	~~1,252,695,175~~ 1,253,695,175	28284

Sec. 337.40.15. GALLIPOLIS DEVELOPMENTAL CENTER PILOT	28286
PROGRAM	28287

The Director of Mental Retardation and Developmental	28288
Disabilities shall establish~~, as part of the Individual Options~~	28289
~~Medicaid Waiver program,~~ a pilot program ~~to be operated~~ during	28290
calendar year 2009 under which the Gallipolis Developmental	28291
Center ~~provides home and community-based services under the~~	28292
~~Individual Options Medicaid waiver program to not more than ten~~	28293
~~individuals at one time~~operates an intermediate care facility for	28294
the mentally retarded with eight beds at a site separate from the	28295
grounds of the developmental center. The Gallipolis Developmental	28296
Center may operate the intermediate care facility for the mentally	28297
retarded notwithstanding section 5123.196 of the Revised Code.	28298
Money shall be expended on the pilot program beginning in the	28299
first half of calendar year 2009.	28300

~~The pilot program shall be operated in a manner consistent~~	28301
~~with the terms of the consent order filed March 5, 2007, in~~ ~~Martin~~	28302
~~v. Strickland, Case No. 89-CV-00362, in the United States District~~	28303
~~Court for the Southern District of Ohio, Eastern Division. The~~	28304
~~pilot program also shall be operated in accordance with the~~	28305
~~federal Medicaid waiver authorizing the Individual Options~~	28306
~~Medicaid waiver program. Only individuals eligible for the~~	28307
~~Individual Options Medicaid waiver program who volunteer to~~	28308
~~receive home and community-based services under the Individual~~	28309
~~Options Medicaid waiver program from the Gallipolis Developmental~~	28310
~~Center may participate in the pilot program.~~ The Director of	28311
Mental Retardation and Developmental Disabilities and the	28312
Director of Job and Family Services shall provide the Gallipolis	28313
Developmental Center technical assistance ~~the Center needs~~	28314
regarding the pilot program.	28315

~~All expenses the Gallipolis Developmental Center incurs in~~	28316
~~participating in the pilot program shall be paid from the~~	28317
~~Medicaid payments the Center receives for providing home and~~	28318
~~community-based services under the program.~~	28319

The Director of Mental Retardation and Developmental	28320
Disabilities shall conduct an evaluation of the pilot program,	28321
including an evaluation of the quality and effectiveness of the	28322
~~home and community-based~~ services the Gallipolis Developmental	28323
Center provides under the pilot program. The Director shall submit	28324
a report of the evaluation to the Governor and the General	28325
Assembly not later than April 1, 2010. The Director shall include	28326
in the report recommendations ~~for or against permitting the~~	28327
~~Gallipolis Developmental Center to continue to provide home and~~	28328
~~community-based services under the Individual Options Medicaid~~	28329
~~waiver program and permitting other developmental centers to begin~~	28330
~~to provide these services~~regarding the continuation of the pilot	28331
program and whether other developmental centers should be	28332
permitted to establish and operate intermediate care facilities	28333
for the mentally retarded at sites separate from the grounds of	28334
the developmental centers.	28335

Sec. 369.10. PUC PUBLIC UTILITIES COMMISSION OF OHIO

28336

General Services Fund Group	28337

5F6	870-622	Utility and Railroad Regulation	$	32,820,027	$	33,804,627	28338
5F6	870-624	NARUC/NRRI Subsidy	$	158,000	$	158,000	28339
5F6	870-625	Motor Transportation Regulation	$	4,635,413	$	4,772,765	28340
TOTAL GSF General Services							28341
Fund Group			$	37,613,440	$	38,735,392	28342

Federal Special Revenue Fund Group	28343

3V3	870-604	Commercial Vehicle Information Systems/Networks	$	300,000	$	300,000	28344
333	870-601	Gas Pipeline Safety	$	597,957	$	597,959	28345
350	870-608	Motor Carrier Safety	$	7,137,534	$	7,351,660	28346
TOTAL FED Federal Special Revenue							28347
Fund Group			$	8,035,491	$	8,249,619	28348

State Special Revenue Fund Group	28349

4A3	870-614	Grade Crossing Protection Devices-State	$	1,349,757		$	1,349,757	28350
4L8	870-617	Pipeline Safety-State	$	187,621		$	187,621	28351
4S6	870-618	Hazardous Material Registration	$	464,325		$	464,325	28352
4S6	870-621	Hazardous Materials Base State Registration	$	373,346		$	373,346	28353
4U8	870-620	Civil Forfeitures	$	284,986		$	284,986	28354
5BP	870-623	Wireless 9-1-1 Administration	$	26,875,000		$	13,375,000	28355
5Q5	870-626	Telecommunication Relay Service	$	0		$	5,000,000	28356
559	870-605	Public Utilities Territorial Administration	$	4,000		$	4,000	28357
560	870-607	Public Utilities Investigations	$	100,000		$	100,000	28358
561	870-606	Power Siting Board	$	404,651		$	404,652	28359
638	870-611	Biomass Energy Program	$	40,000		$	40,000	28360
661	870-612	Hazardous Materials Transportation	$	900,000		$	900,000	28361
TOTAL SSR State Special Revenue								28362
Fund Group			$	30,983,686		$	~~17,483,687~~	28363
			22,483,687		28364

Agency Fund Group	28365

4G4	870-616	Base State Registration Program	$	2,000,000		$	0	28366
TOTAL AGY Agency Fund Group			$	2,000,000		$	0	28367
TOTAL ALL BUDGET FUND GROUPS			$	78,632,617		$	~~64,468,698~~	28368
			69,468,698		28369

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT

28370

The fund created by section 4923.26 of the Revised Code is	28371
the same fund, with a new name, as the Commercial Vehicle	28372
Information Systems and Networks Fund (Fund 3V3).	28373

ENHANCED AND WIRELESS ENHANCED 9-1-1

28374

The foregoing appropriation item 870-623, Wireless 9-1-1	28375
Administration, shall be used pursuant to section 4931.63 of the	28376
Revised Code.	28377

TELECOMMUNICATIONS RELAY SERVICE FUNDING

28378

The Telecommunications Relay Service Fund is hereby created	28379
in the state treasury. The vendor selected to provide	28380
telecommunications relay service in Ohio, as required by 47 C.F.R.	28381
64.601, shall submit an invoice to the Public Utilities Commission	28382
by January 31, 2009, for costs it has incurred in providing the	28383
service during calendar year 2008. The Public Utilities Commission	28384
shall notify the Director of Budget and Management of the amount	28385
invoiced, and the Director of Budget and Management shall transfer	28386
that amount from the Public Utilities Fund (Fund 5F6) to the	28387
Telecommunications Relay Service Fund on or before February 28,	28388
2009. The amount transferred shall be used to pay the	28389
telecommunications relay service vendor the amount invoiced. This	28390
amount is hereby appropriated.	28391

Sec. 375.10. BOR BOARD OF REGENTS

28392

General Revenue Fund	28393

GRF	235-321	Operating Expenses	$	3,141,351	$	3,141,351	28394
GRF	235-401	Lease Rental Payments	$	203,177,900	$	136,017,500	28395
GRF	235-402	Sea Grants	$	300,000	$	300,000	28396
GRF	235-406	Articulation and Transfer	$	2,900,000	$	2,900,000	28397
GRF	235-408	Midwest Higher Education Compact	$	95,000	$	95,000	28398
GRF	235-409	Information System	$	1,175,172	$	1,175,172	28399
GRF	235-414	State Grants and Scholarship Administration	$	1,707,881	$	1,707,881	28400
GRF	235-415	Jobs Challenge	$	9,348,300	$	9,348,300	28401
GRF	235-417	Ohio Learning Network	$	3,119,496	$	3,119,496	28402
GRF	235-418	Access Challenge	$	66,585,769	$	66,585,769	28403
GRF	235-420	Success Challenge	$	53,653,973	$	53,653,973	28404
GRF	235-428	Appalachian New Economy Partnership	$	1,176,068	$	1,176,068	28405
GRF	235-433	Economic Growth Challenge	$	17,186,194	$	17,186,194	28406
GRF	235-434	College Readiness and Access	$	12,655,425	$	12,655,425	28407
GRF	235-435	Teacher Improvement Initiatives	$	4,797,506	$	11,297,506	28408
GRF	235-436	AccelerateOhio	$	1,250,000	$	2,500,000	28409
GRF	235-438	Choose Ohio First Scholarship	$	50,000,000	$	50,000,000	28410
GRF	235-439	Ohio Research Scholars	$	30,000,000	$	0	28411
GRF	235-451	Eminent Scholars	$	0	$	1,000,000	28412
GRF	235-455	EnterpriseOhio Network	$	1,373,941	$	1,373,941	28413
GRF	235-474	Area Health Education Centers Program Support	$	1,571,756	$	1,571,756	28414
GRF	235-501	State Share of Instruction	$	1,678,877,952	$	1,842,965,747	28415
GRF	235-502	Student Support Services	$	795,790	$	795,790	28416
GRF	235-503	Ohio Instructional Grants	$	42,533,966	$	18,315,568	28417
GRF	235-504	War Orphans Scholarships	$	4,812,321	$	4,812,321	28418
GRF	235-507	OhioLINK	$	7,387,824	$	7,387,824	28419
GRF	235-508	Air Force Institute of Technology	$	2,050,345	$	2,050,345	28420
GRF	235-510	Ohio Supercomputer Center	$	4,271,195	$	4,271,195	28421
GRF	235-511	Cooperative Extension Service	$	26,273,260	$	26,273,260	28422
GRF	235-513	Ohio University Voinovich Center	$	669,082	$	669,082	28423
GRF	235-514	Central State Supplement	$	11,756,414	$	12,109,106	28424
GRF	235-515	Case Western Reserve University School of Medicine	$	3,011,271	$	3,011,271	28425
GRF	235-518	Capitol Scholarship Program	$	125,000	$	125,000	28426
GRF	235-519	Family Practice	$	4,548,470	$	4,548,470	28427
GRF	235-520	Shawnee State Supplement	$	2,502,323	$	2,577,393	28428
GRF	235-521	The Ohio State University John Glenn School of Public Affairs	$	619,082	$	619,082	28429
GRF	235-524	Police and Fire Protection	$	171,959	$	171,959	28430
GRF	235-525	Geriatric Medicine	$	750,110	$	750,110	28431
GRF	235-526	Primary Care Residencies	$	2,245,688	$	2,245,688	28432
GRF	235-527	Ohio Aerospace Institute	$	1,764,957	$	1,764,957	28433
GRF	235-530	Academic Scholarships	$	7,800,000	$	7,800,000	28434
GRF	235-531	Student Choice Grants	$	38,485,376	$	38,485,376	28435
GRF	235-535	Ohio Agricultural Research and Development Center	$	37,174,292	$	37,174,292	28436
GRF	235-536	The Ohio State University Clinical Teaching	$	13,565,885	$	13,565,885	28437
GRF	235-537	University of Cincinnati Clinical Teaching	$	11,157,756	$	11,157,756	28438
GRF	235-538	University of Toledo Clinical Teaching	$	8,696,866	$	8,696,866	28439
GRF	235-539	Wright State University Clinical Teaching	$	4,225,107	$	4,225,107	28440
GRF	235-540	Ohio University Clinical Teaching	$	4,084,540	$	4,084,540	28441
GRF	235-541	Northeastern Ohio Universities College of Medicine Clinical Teaching	$	4,200,945	$	4,200,945	28442
GRF	235-543	Ohio College of Podiatric Medicine Clinic Subsidy	$	100,000	$	100,000	28443
GRF	235-547	School of International Business	$	450,000	$	650,000	28444
GRF	235-552	Capital Component	$	~~19,306,442~~ 19,789,868	$	~~19,306,442~~ 19,789,868	28445
GRF	235-553	Dayton Area Graduate Studies Institute	$	2,931,599	$	2,931,599	28446
GRF	235-554	Priorities in Collaborative Graduate Education	$	2,355,548	$	2,355,548	28447
GRF	235-555	Library Depositories	$	1,696,458	$	1,696,458	28448
GRF	235-556	Ohio Academic Resources Network	$	3,727,223	$	3,727,223	28449
GRF	235-558	Long-term Care Research	$	461,047	$	461,047	28450
GRF	235-561	Bowling Green State University Canadian Studies Center	$	100,015	$	100,015	28451
GRF	235-563	Ohio College Opportunity Grant	$	139,974,954	$	151,113,781	28452
GRF	235-567	Central State University Speed to Scale	$	4,400,000	$	3,800,000	28453
GRF	235-571	James A. Rhodes Scholarship	$	10,000,000	$	0	28454
GRF	235-572	The Ohio State University Clinic Support	$	1,277,019	$	1,277,019	28455
GRF	235-573	Ohio Humanities Council	$	25,000	$	25,000	28456
GRF	235-583	Urban University Program	$	5,825,937	$	5,825,937	28457
GRF	235-587	Rural University Projects	$	1,159,889	$	1,159,889	28458
GRF	235-596	Hazardous Materials Program	$	360,435	$	360,435	28459
GRF	235-599	National Guard Scholarship Program	$	16,611,063	$	16,611,063	28460
GRF	235-909	Higher Education General Obligation Debt Service	$	172,722,400	$	208,747,200	28461
TOTAL GRF General Revenue Fund			$	~~2,773,258,537~~ 2,773,741,963	$	~~2,861,908,923~~ 2,862,392,349	28462

General Services Fund Group	28463

220	235-614	Program Approval and Reauthorization	$	800,000	$	800,000	28464
456	235-603	Sales and Services	$	700,000	$	700,000	28465
TOTAL GSF General Services							28466
Fund Group			$	1,500,000	$	1,500,000	28467

Federal Special Revenue Fund Group	28468

3BG	235-626	Star Schools	$	2,980,865	$	2,990,746	28469
3H2	235-608	Human Services Project	$	3,000,000	$	3,000,000	28470
3H2	235-622	Medical Collaboration Network	$	3,346,144	$	3,346,144	28471
3N6	235-605	State Student Incentive Grants	$	2,196,680	$	2,196,680	28472
3T0	235-610	National Health Service Corps - Ohio Loan Repayment	$	250,000	$	250,000	28473
312	235-609	Tech Prep	$	183,850	$	183,850	28474
312	235-611	Gear-up Grant	$	3,300,000	$	3,300,000	28475
312	235-612	Carl D. Perkins Grant/Plan Administration	$	112,960	$	112,960	28476
312	235-617	Improving Teacher Quality Grant	$	3,200,000	$	3,200,000	28477
312	235-621	Science Education Network	$	1,686,970	$	1,686,970	28478
TOTAL FED Federal Special Revenue							28479
Fund Group			$	20,257,469	$	20,267,350	28480

State Special Revenue Fund Group	28481

4E8	235-602	Higher Educational Facility Commission Administration	$	50,000	$	45,000	28482
4P4	235-604	Physician Loan Repayment	$	476,870	$	~~476,870~~ 0	28483
649	235-607	The Ohio State University Highway/Transportation Research	$	760,000	$	760,000	28484
682	235-606	Nursing Loan Program	$	893,000	$	893,000	28485
5DT	235-627	American Diploma Project	$	250,000	$	0	28486
TOTAL SSR State Special Revenue							28487
Fund Group			$	2,429,870	$	~~2,174,870~~ 1,698,000	28488
TOTAL ALL BUDGET FUND GROUPS			$	~~2,797,445,876~~ 2,797,929,302	$	~~2,885,851,143~~ 2,885,857,699	28489

Sec. 379.10. RSC REHABILITATION SERVICES COMMISSION

28491

General Revenue Fund	28492

GRF	415-100	Personal Services	$	8,851,468	$	8,851,468	28493
GRF	415-402	Independent Living Council	$	450,000	$	450,000	28494
GRF	415-406	Assistive Technology	$	47,531	$	47,531	28495
GRF	415-431	Office for People with Brain Injury	$	226,012	$	226,012	28496
GRF	415-506	Services for People with Disabilities	$	16,959,541	$	17,259,541	28497
GRF	415-508	Services for the Deaf	$	50,000	$	50,000	28498
TOTAL GRF General Revenue Fund			$	26,584,552	$	26,884,552	28499

General Services Fund Group	28500

4W5	415-606	Program Management Expenses	$	18,123,188	$	18,557,040	28501
467	415-609	Business Enterprise Operating Expenses	$	1,632,082	$	1,632,082	28502
TOTAL GSF General Services							28503
Fund Group			$	19,755,270	$	20,189,122	28504

Federal Special Revenue Fund Group	28505

3L1	415-601	Social Security Personal Care Assistance	$	3,743,740	$	3,743,740	28506
3L1	415-605	Social Security Community Centers for the Deaf	$	750,000	$	750,000	28507
3L1	415-608	Social Security Vocational Rehabilitation	$	1,506,260	$	1,506,260	28508
3L4	415-612	Federal Independent Living Centers or Services	$	648,908	$	648,908	28509
3L4	415-615	Federal - Supported Employment	$	884,451	$	796,006	28510
3L4	415-617	Independent Living/Vocational Rehabilitation Programs	$	1,490,944	$	1,490,944	28511
317	415-620	Disability Determination	$	82,808,006	$	87,546,215	28512
379	415-616	Federal - Vocational Rehabilitation	$	122,484,545	$	123,638,578	28513
TOTAL FED Federal Special							28514
Revenue Fund Group			$	214,316,854	$	220,120,651	28515

State Special Revenue Fund Group	28516

4L1	415-619	Services for Rehabilitation	$	3,765,337	$	4,500,000	28517
468	415-618	Third Party Funding	$	906,910	$	906,910	28518
TOTAL SSR State Special							28519
Revenue Fund Group			$	4,672,247	$	5,406,910	28520
TOTAL ALL BUDGET FUND GROUPS			$	265,328,923	$	272,601,235	28521

INDEPENDENT LIVING COUNCIL

28522

The foregoing appropriation item 415-402, Independent Living	28523
Council, shall be used to fund the operations of the State	28524
Independent Living Council and shall be used to support state	28525
independent living centers and independent living services under	28526
Title VII of the Independent Living Services and Centers for	28527
Independent Living of the Rehabilitation Act Amendments of 1992,	28528
106 Stat. 4344, 29 U.S.C. 796d.	28529

OFFICE FOR PEOPLE WITH BRAIN INJURY

28530

Of the foregoing appropriation item 415-431, Office for	28531
People with Brain Injury, up to $50,000 in each fiscal year shall	28532
be used for the state match for a federal grant awarded through	28533
the Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to	28534
$50,000 in each fiscal year shall be provided to the Brain Injury	28535
Trust Fund. The remaining appropriation shall be used to plan and	28536
coordinate head-injury-related services provided by state agencies	28537
and other government or private entities, to assess the needs for	28538
such services, and to set priorities in this area.	28539

VOCATIONAL REHABILITATION SERVICES

28540

The foregoing appropriation item 415-506, Services for People	28541
with Disabilities, shall be used as state matching funds to	28542
provide vocational rehabilitation services to eligible consumers.	28543

PROGRAM MANAGEMENT EXPENSES

28544

The foregoing appropriation item 415-606, Program Management	28545
Expenses, shall be used to support the administrative functions of	28546
the commission related to the provision of vocational	28547
rehabilitation, disability determination services, and ancillary	28548
programs.	28549

NATIONAL ACCREDITATION COMPLIANCE

28550

Of the foregoing appropriation item 415-616, Federal –	28551
Vocational Rehabilitation, ~~$125,000 in each fiscal year~~$250,000	28552
over the biennium shall be used to establish and implement a	28553
Community Rehabilitation Program national accreditation	28554
compliance and monitoring program administered by the Ohio	28555
Association of Rehabilitation Facilities.	28556

Not later than 30 days after the effective date of this	28557
amendment, the Rehabilitation Services Commission shall enter into	28558
a contract or other agreement that complies with 34 CRF 361.3(b)	28559
and 34 CRF 361.5(b)(2) with the Ohio Association of Rehabilitation	28560
Facilities and convey the funds to establish and implement the	28561
Community Rehabilitation Program national accreditation compliance	28562
and monitoring program.	28563

CLEVELAND SIGHT CENTER

28564

Of the foregoing appropriation item 415-616, Federal –	28565
Vocational Rehabilitation, $100,000 in each fiscal year shall be	28566
provided to the Cleveland Sight Center for Technology Initiative	28567
to purchase adaptive technology and software for the employment of	28568
Ohioans who are blind or visually impaired.	28569

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

28570

The foregoing appropriation item 415-617, Independent	28571
Living/Vocational Rehabilitation Programs, shall be used to	28572
support vocational rehabilitation programs.	28573

SOCIAL SECURITY REIMBURSEMENT FUNDS

28574

Reimbursement funds received from the Social Security	28575
Administration, United States Department of Health and Human	28576
Services, for the costs of providing services and training to	28577
return disability recipients to gainful employment shall be used	28578
in the Social Security Reimbursement Fund (Fund 3L1), to the	28579
extent funds are available, as follows:	28580

(A) Appropriation item 415-601, Social Security Personal Care	28581
Assistance, to provide personal care services in accordance with	28582
section 3304.41 of the Revised Code;	28583

(B) Appropriation item 415-608, Social Security Vocational	28584
Rehabilitation, to provide vocational rehabilitation services to	28585
individuals with severe disabilities who are Social Security	28586
beneficiaries, to enable them to achieve competitive employment.	28587
This appropriation item also includes funds to assist the Personal	28588
Care Assistance Program to pay its share of indirect costs as	28589
mandated by federal OMB Circular A-87.	28590

PERFORMANCE AUDIT

28591

The Auditor of State shall complete a performance audit of	28592
the Rehabilitation Services Commission. Upon completing the	28593
performance audit, the Auditor of State shall submit a report of	28594
the findings of the audit to the Governor, the President of the	28595
Senate, the Speaker of the House of Representatives, and the Board	28596
of Rehabilitation Services Commission. Expenses incurred by the	28597
Auditor of State to conduct the performance audit shall be	28598
reimbursed by the Rehabilitation Services Commission.	28599

INTERNAL REVIEW

28600

The Administrator of the Rehabilitation Services Commission	28601
shall consult with the Director of Budget and Management and	28602
representatives of local rehabilitation services agencies to	28603
conduct an internal review of policies and procedures to increase	28604
efficiency and identify and eliminate duplicative practices. Any	28605
savings identified as a result of the internal review or the	28606
performance audit conducted by the Auditor of State shall be used	28607
for community-based care.	28608

The Administrator of the Rehabilitation Services Commission	28609
shall seek Controlling Board approval before expending any funds	28610
identified as a result of the internal review or the performance	28611
audit.	28612

Sec. 393.10. SOS SECRETARY OF STATE

28613

General Revenue Fund	28614

GRF	050-321	Operating Expenses	$	2,585,000	$	2,585,000	28615
GRF	050-403	Election Statistics	$	103,936	$	103,936	28616
GRF	050-407	Pollworkers Training	$	277,997	$	277,997	28617
GRF	050-409	Litigation Expenditures	$	4,652	$	4,652	28618
GRF	050-505	County Postage Reimbursement	$	0	$	3,000,000	28619
TOTAL GRF General Revenue Fund			$	2,971,585	$	~~2,971,585~~ 5,971,585	28620

General Services Fund Group	28621

4S8	050-610	Board of Voting Machine Examiners	$	7,200	$	7,200	28622
412	050-609	Notary Commission	$	685,249	$	685,249	28623
413	050-601	Information Systems	$	119,955	$	119,955	28624
414	050-602	Citizen Education Fund	$	55,712	$	55,712	28625
TOTAL General Services Fund Group			$	868,116	$	868,116	28626

Federal Special Revenue Fund Group	28627

3AH	050-614	Election Reform/Health and Human Services	$	1,000,000	$	1,000,000	28628
3AS	050-616	2005 HAVA Voting Machines	$	4,750,000	$	2,750,000	28629
3X4	050-612	Ohio Center/Law Related Educational Grant	$	41,000	$	41,000	28630
TOTAL FED Federal Special Revenue							28631
Fund Group			$	5,791,000	$	3,791,000	28632

State Special Revenue Fund Group	28633

5N9	050-607	Technology Improvements	$	129,565	$	129,565	28634
599	050-603	Business Services Operating Expenses	$	13,761,734	$	13,761,734	28635
TOTAL SSR State Special Revenue							28636
Fund Group			$	13,891,299	$	13,891,299	28637

Holding Account Redistribution Fund Group	28638

R01	050-605	Uniform Commercial Code Refunds	$	30,000	$	30,000	28639
R02	050-606	Corporate/Business Filing Refunds	$	85,000	$	85,000	28640
TOTAL 090 Holding Account							28641
Redistribution Fund Group			$	115,000	$	115,000	28642
TOTAL ALL BUDGET FUND GROUPS			$	23,637,000	$	~~21,637,000~~ 24,637,000	28643

COUNTY POSTAGE REIMBURSEMENT

28644

The foregoing appropriation item 050-505, County Postage	28645
Reimbursement, shall be used to pay costs incurred by boards of	28646
elections to mail an absent voter's ballot application to each	28647
elector who is required to receive a notice under section 3501.19	28648
of the Revised Code for the November 4, 2008, general election.	28649
The foregoing appropriation also shall be used to pay return	28650
postage for absent voter's ballot applications returned by	28651
electors who wish to vote by absent voter's ballot at that	28652
election. Absent voter's ballot applications required to be mailed	28653
by a board of elections shall be mailed in conjunction with the	28654
notice of election required under section 3501.19 of the Revised	28655
Code. The Secretary of State shall establish a method by which	28656
funds for mailing absent voter's ballot applications are made	28657
available to boards of elections in advance of the required	28658
mailing.	28659

BOARD OF VOTING MACHINE EXAMINERS

28660

The foregoing appropriation item 050-610, Board of Voting	28661
Machine Examiners, shall be used to pay for the services and	28662
expenses of the members of the Board of Voting Machine Examiners,	28663
and for other expenses that are authorized to be paid from the	28664
Board of Voting Machine Examiners Fund, which is created in	28665
section 3506.05 of the Revised Code. Moneys not used shall be	28666
returned to the person or entity submitting the equipment for	28667
examination. If it is determined that additional appropriations	28668
are necessary, such amounts are appropriated.	28669

2005 HAVA VOTING MACHINES

28670

Of the foregoing appropriation item 050-616, 2005 HAVA Voting	28671
Machines, in fiscal year 2008 $15,000 shall be distributed to the	28672
Vinton County Board of Elections and $15,000 shall be distributed	28673
to the Morgan County Board of Elections to be used for emergency	28674
assistance for elections.	28675

On July 1, 2008, or as soon as possible thereafter, the	28676
Director of Budget and Management shall transfer any remaining	28677
unexpended, unencumbered appropriations in Fund 3AS, appropriation	28678
item 050-616, 2005 HAVA Voting Machines, for use in fiscal year	28679
2009. The transferred amount is hereby appropriated.	28680

On July 1, 2008, or as soon as possible thereafter, the	28681
Director of Budget and Management shall transfer any remaining	28682
unexpended, unencumbered appropriations in Fund 3AH, appropriation	28683
item 050-614, Election Reform/Health and Human Services Fund, for	28684
use in fiscal year 2009. The transferred amount is hereby	28685
appropriated.	28686

Ongoing interest earnings from the federal Election	28687
Reform/Health and Human Services Fund (Fund 3AH) and the 2005 HAVA	28688
Voting Machines Fund (Fund 3AS) shall be credited to the	28689
respective funds and distributed in accordance with the terms of	28690
the grant under which the money is received.	28691

HOLDING ACCOUNT REDISTRIBUTION GROUP

28692

The foregoing appropriation items 050-605 and 050-606,	28693
Holding Account Redistribution Fund Group, shall be used to hold	28694
revenues until they are directed to the appropriate accounts or	28695
until they are refunded. If it is determined that additional	28696
appropriations are necessary, such amounts are appropriated.	28697

Sec. 405.10. TAX DEPARTMENT OF TAXATION

28698

General Revenue Fund	28699

GRF	110-321	Operating Expenses	$	92,040,062	$	92,440,062	28700
GRF	110-404	Tobacco Settlement Enforcement	$	0	$	328,034	28701
GRF	110-412	Child Support Administration	$	71,680	$	71,680	28702
GRF	110-901	Property Tax Allocation - Taxation	$	446,953,165	$	478,613,618	28703
GRF	110-906	Tangible Tax Exemption - Taxation	$	9,177,962	$	4,588,981	28704
TOTAL GRF General Revenue Fund			$	548,242,869	$	576,042,375	28705

General Services Fund Group	28706

433	110-602	Tape File Account	$	125,000	$	140,000	28707
5BQ	110-629	Commercial Activity Tax Administration	$	6,000,000	$	6,000,000	28708
5W4	110-625	Centralized Tax Filing and Payment	$	400,000	$	200,000	28709
5W7	110-627	Exempt Facility Administration	$	100,000	$	150,000	28710
5CZ	110-631	Vendor's License Application	$	1,000,000	$	1,000,000	28711
TOTAL GSF General Services							28712
Fund Group			$	7,625,000	$	7,490,000	28713

State Special Revenue Fund Group	28714

4C6	110-616	International Registration Plan	$	706,855		$	706,855	28715
4R6	110-610	Tire Tax Administration	$	125,000		$	150,000	28716
435	110-607	Local Tax Administration	$	17,250,000		$	17,250,000	28717
436	110-608	Motor Vehicle Audit	$	1,200,000		$	1,200,000	28718
437	110-606	Litter Tax and Natural Resource Tax Administration	$	675,000		$	800,000	28719
438	110-609	School District Income Tax	$	3,600,000		$	3,600,000	28720
5AP0	110632	Discovery Project	$	0		$	2,000,000	28721
5N5	110-605	Municipal Income Tax Administration	$	500,000		$	500,000	28722
5N6	110-618	Kilowatt Hour Tax Administration	$	125,000		$	175,000	28723
5V7	110-622	Motor Fuel Tax Administration	$	4,700,000		$	5,000,000	28724
5V8	110-623	Property Tax Administration	$	13,500,000		$	13,500,000	28725
639	110-614	Cigarette Tax Enforcement	$	100,000		$	100,000	28726
642	110-613	Ohio Political Party Distributions	$	600,000		$	600,000	28727
688	110-615	Local Excise Tax Administration	$	210,000		$	180,000	28728
TOTAL SSR State Special Revenue								28729
Fund Group			$	43,291,855		$	~~43,761,855~~	28730
			45,761,855		28731

Agency Fund Group	28732

095	110-995	Municipal Income Tax	$	21,000,000	$	21,000,000	28733
425	110-635	Tax Refunds	$	1,565,900,000	$	1,546,800,000	28734
TOTAL AGY Agency Fund Group			$	1,586,900,000	$	1,567,800,000	28735

Holding Account Redistribution Fund Group	28736

R10	110-611	Tax Distributions	$	50,000		$	50,000	28737
R11	110-612	Miscellaneous Income Tax Receipts	$	50,000		$	50,000	28738
TOTAL 090 Holding Account								28739
Redistribution Fund Group			$	100,000		$	100,000	28740
TOTAL ALL BUDGET FUND GROUPS			$	2,186,159,724		$	~~2,195,194,230~~	28741
			2,197,194,230		28742

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	28743
EXEMPTION	28744

The foregoing appropriation item 110-901, Property Tax	28745
Allocation - Taxation, is hereby appropriated to pay for the	28746
state's costs incurred because of the Homestead Exemption, the	28747
Manufactured Home Property Tax Rollback, and the Property Tax	28748
Rollback. The Tax Commissioner shall distribute these funds	28749
directly to the appropriate local taxing districts, except for	28750
school districts, notwithstanding the provisions in sections	28751
321.24 and 323.156 of the Revised Code, which provide for payment	28752
of the Homestead Exemption, the Manufactured Home Property Tax	28753
Rollback, and Property Tax Rollback by the Tax Commissioner to the	28754
appropriate county treasurer and the subsequent redistribution of	28755
these funds to the appropriate local taxing districts by the	28756
county auditor.	28757

The foregoing appropriation item 110-906, Tangible Tax	28758
Exemption - Taxation, is hereby appropriated to pay for the	28759
state's costs incurred because of the tangible personal property	28760
tax exemption required by division (C)(3) of section 5709.01 of	28761
the Revised Code. The Tax Commissioner shall distribute to each	28762
county treasurer the total amount appearing in the notification	28763
from the county treasurer under division (G) of section 321.24 of	28764
the Revised Code for all local taxing districts located in the	28765
county except for school districts, notwithstanding the provision	28766
in section 321.24 of the Revised Code which provides for payment	28767
of the $10,000 tangible personal property tax exemption by the Tax	28768
Commissioner to the appropriate county treasurer for all local	28769
taxing districts located in the county including school districts.	28770
The county auditor shall distribute the amount paid by the Tax	28771
Commissioner among the appropriate local taxing districts except	28772
for school districts under division (G) of section 321.24 of the	28773
Revised Code.	28774

Upon receipt of these amounts, each local taxing district	28775
shall distribute the amount among the proper funds as if it had	28776
been paid as real or tangible personal property taxes. Payments	28777
for the costs of administration shall continue to be paid to the	28778
county treasurer and county auditor as provided for in sections	28779
319.54, 321.26, and 323.156 of the Revised Code.	28780

Any sums, in addition to the amounts specifically	28781
appropriated in appropriation items 110-901, Property Tax	28782
Allocation - Taxation, for the Homestead Exemption, the	28783
Manufactured Home Property Tax Rollback, and the Property Tax	28784
Rollback payments, and 110-906, Tangible Tax Exemption - Taxation,	28785
for the $10,000 tangible personal property tax exemption payments,	28786
which are determined to be necessary for these purposes, are	28787
hereby appropriated.	28788

TAX DEPARTMENT DISCOVERY PROJECT

28789

On July 1, 2008, or as soon thereafter as possible, the	28790
Director of Budget and Management shall transfer $2,000,000 in	28791
cash from the General Revenue Fund to appropriation item 110632,	28792
Discovery Project (Fund 5APO), to acquire the necessary hardware,	28793
software, and services to establish and implement a tax discovery	28794
data system and for expenses incurred by the Department of	28795
Taxation to administer the system. The amount transferred is	28796
hereby appropriated in appropriation item 110632, Discovery	28797
Project, for fiscal year 2009.	28798

If, at any time during fiscal year 2009, the Tax Commissioner	28799
determines that additional cash transfers are necessary in	28800
appropriation item 110632, Discovery Project, to pay the actual	28801
costs of the tax discovery data system and other expenses the	28802
Department incurs attributable to the system in fiscal year 2009,	28803
the Tax Commissioner may request that the Director of Budget and	28804
Management increase such amounts. Such amounts are hereby	28805
appropriated, with the approval of the Director of Budget and	28806
Management.	28807

MUNICIPAL INCOME TAX

28808

The foregoing appropriation item 110-995, Municipal Income	28809
Tax, shall be used to make payments to municipal corporations	28810
under section 5745.05 of the Revised Code. If it is determined	28811
that additional appropriations are necessary to make these	28812
payments, such amounts are hereby appropriated.	28813

TAX REFUNDS

28814

The foregoing appropriation item 110-635, Tax Refunds, shall	28815
be used to pay refunds under section 5703.052 of the Revised Code.	28816
If it is determined that additional appropriations are necessary	28817
for this purpose, such amounts are hereby appropriated.	28818

INTERNATIONAL REGISTRATION PLAN AUDIT

28819

The foregoing appropriation item 110-616, International	28820
Registration Plan, shall be used under section 5703.12 of the	28821
Revised Code for audits of persons with vehicles registered under	28822
the International Registration Plan.	28823

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

28824

Of the foregoing appropriation item 110-607, Local Tax	28825
Administration, the Tax Commissioner may disburse funds, if	28826
available, for the purposes of paying travel expenses incurred by	28827
members of Ohio's delegation to the Streamlined Sales Tax Project,	28828
as appointed under section 5740.02 of the Revised Code. Any travel	28829
expense reimbursement paid for by the Department of Taxation shall	28830
be done in accordance with applicable state laws and guidelines.	28831

LITTER CONTROL TAX ADMINISTRATION FUND

28832

Notwithstanding section 5733.12 of the Revised Code, during	28833
the period from July 1, 2007, to June 30, 2008, the amount of	28834
$675,000, and during the period from July 1, 2008, to June 30,	28835
2009, the amount of $800,000, received by the Tax Commissioner	28836
under Chapter 5733. of the Revised Code, shall be credited to the	28837
Litter Control Tax Administration Fund (Fund 437).	28838

CENTRALIZED TAX FILING AND PAYMENT FUND

28839

The Director of Budget and Management, under a plan submitted	28840
by the Tax Commissioner, or as otherwise determined by the	28841
Director of Budget and Management, shall set a schedule to	28842
transfer cash from the General Revenue Fund to the credit of the	28843
Centralized Tax Filing and Payment Fund (Fund 5W4). The transfers	28844
of cash shall not exceed $600,000 in the biennium.	28845

COMMERCIAL ACTIVITY TAX ADMINISTRATION FUND

28846

The foregoing appropriation item 110-629, Commercial Activity	28847
Tax Administration Fund (Fund 5BQ), shall be used to pay expenses	28848
incurred by the Department of Taxation to implement and administer	28849
the Commercial Activity Tax under Chapter 5751. of the Revised	28850
Code.	28851

Notwithstanding section 3734.9010, division (B)(2)(c) of	28852
section 4505.09, division (B) of section 5703.12, section 5703.80,	28853
division (C)(6) of section 5727.81, sections 5733.122 and	28854
5735.053, division (C) of section 5739.21, section 5745.03,	28855
section 5743.024, section 5743.15, division (C) of section	28856
5747.03, and section 5747.113 of the Revised Code or any other	28857
provisions to the contrary, any residual cash balances determined	28858
and certified by the Tax Commissioner to the Director of Budget	28859
and Management shall be transferred on July 1, 2007, or as soon as	28860
possible thereafter, to the Commercial Activities Tax	28861
Administration Fund (Fund 5BQ).	28862

TOBACCO SETTLEMENT ENFORCEMENT

28863

The foregoing appropriation item 110-404, Tobacco Settlement	28864
Enforcement, shall be used by the Tax Commissioner to pay costs	28865
incurred in the enforcement of divisions (F) and (G) of section	28866
5743.03 of the Revised Code.	28867

Sec. 407.10. DOT DEPARTMENT OF TRANSPORTATION

28868

Transportation Modes	28869

General Revenue Fund	28870

GRF	775-451	Public Transportation - State	$	16,700,000	$	17,000,000	28871
GRF	776-465	Ohio Rail Development Commission	$	3,700,000	$	3,700,000	28872
GRF	776-466	Railroad Crossing/Grade Separation	$	789,600	$	789,600	28873
GRF	777-471	Airport Improvements - State	$	3,293,985	$	1,794,003	28874
TOTAL GRF General Revenue Fund			$	24,483,585	$	23,283,603	28875
TOTAL ALL BUDGET FUND GROUPS			$	24,483,585	$	23,283,603	28876

~~PUBLIC TRANSPORTATION - STATE~~

28877

~~Of the foregoing GRF appropriation item 775-451, Public~~	28878
~~Transportation - State, $200,000 in fiscal year 2008 shall be used~~	28879
~~for the Cleveland Metropolitan Park District West Creek Project.~~	28880

TRANSPORTATION STUDY

28881

Of the foregoing appropriation item 775-451, Public	28882
Transportation-State, $50,000 in fiscal year 2008 shall be used	28883
for a Franklin County school transportation study to determine the	28884
feasibility of a countywide pupil transportation system.	28885

~~AIRPORT IMPROVEMENTS~~

28886

~~Of the foregoing appropriation item 777-471, Airport~~	28887
~~Improvements - State, $1,500,000 in fiscal year 2008 shall be used~~	28888
~~for air travel and support and economic development of statewide~~	28889
~~airports. The Directors of Development and Transportation may~~	28890
~~enter into one or more interagency agreements between their two~~	28891
~~departments as necessary to implement a statewide strategy to~~	28892
~~enhance Ohio's airports as centers of regional economic~~	28893
~~development.~~	28894

Sec. 512.03. TRANSFERS TO THE GENERAL REVENUE FUND FROM	28895
NON-GRF FUNDS	28896

Notwithstanding any other provision of law to the contrary,	28897
during fiscal years 2008 and 2009, the Director of Budget and	28898
Management is hereby authorized to transfer cash from non-General	28899
Revenue Fund funds that are not constitutionally restricted to the	28900
General Revenue Fund. The total amount of cash transfers made	28901
pursuant to this section to the General Revenue Fund during fiscal	28902
years 2008 and 2009 shall not exceed ~~$70,000,000~~$120,000,000.	28903

Sec. 512.35. DIESEL EMISSIONS REDUCTION AND TRANSIT CAPITAL	28904
GRANT PROGRAMS	28905

~~On the first day of July of each fiscal year or as soon as~~	28906
~~possible thereafter, the Director of Budget and Management shall~~	28907
~~(1) transfer $9,817,105 in cash in fiscal year 2008 and~~	28908
~~$10,057,814 in cash in fiscal year 2009 from the Highway Operating~~	28909
~~Fund (Fund 002) to the Diesel Emissions Grant Fund established in~~	28910
~~section 122.861 of the Revised Code and (2) transfer $5,000,000 in~~	28911
~~each fiscal year from the Highway Operating Fund to the Transit~~	28912
~~Capital Fund (Fund 5E7). The amounts transferred are hereby~~	28913
~~appropriated.~~	28914

~~The transfer to the Diesel Emissions Grant Fund shall be used~~	28915
~~for the administration and oversight of the Diesel Emissions~~	28916
~~Reduction Grant Program within the Department of Development. In~~	28917
There is hereby established in the Highway Operating Fund (Fund	28918
7002) in the Department of Transportation a Diesel Emissions	28919
Reduction Grant Program. The Department of Development shall	28920
administer the program and shall solicit, evaluate, score, and	28921
select projects submitted by public and private entities that are	28922
eligible for the federal Congestion Mitigation and Air Quality	28923
(CMAQ) Program. The Department of Transportation shall process	28924
Federal Highway Administration-approved projects as recommended by	28925
the Department of Development.	28926

In addition to the allowable expenditures set forth in	28927
section 122.861 of the Revised Code, Diesel Emissions Reduction	28928
Grant Program funds also may be used to fund projects involving	28929
the purchase or use of hybrid and alternative fuel vehicles that	28930
are allowed under guidance developed by the Federal Highway	28931
Administration for the ~~Congestion Mitigation and Air Quality~~	28932
~~(CMAQ)~~CMAQ Program. The Director of Development, in consultation	28933
with the Director of Environmental Protection, shall develop	28934
guidance for distribution of the funds from the Diesel Emissions	28935
Grant Fund. The guidance shall include a method for	28936
prioritization of projects, acceptable technologies, and	28937
procedures for awarding grants and loans.	28938

~~The transfer to the Transit Capital Fund (Fund 5E7) shall be~~	28939
~~used to supplement the capital portion of the Ohio Public~~	28940
~~Transportation Grant Program within the Department of~~	28941
~~Transportation.~~	28942

~~These~~Public entities eligible to receive funds under section	28943
122.861 of the Revised Code and CMAQ shall be reimbursed from the	28944
Department of Transportation's Diesel Emissions Reduction Grant	28945
Program.	28946

Private entities eligible to receive funds under section	28947
122.861 of the Revised Code and CMAQ shall be reimbursed through	28948
transfers of cash from the Department of Transportation's Diesel	28949
Emissions Reduction Grant Program to the Department of	28950
Development's Diesel Emissions Reduction Grant Fund (Fund 3BD0)	28951
established in section 122.861 of the Revised Code.	28952

Appropriation item 195-697, Diesel Emissions Reduction	28953
Grants, is hereby established with an appropriation of $9,817,105	28954
in fiscal year 2008 and $10,057,814 in fiscal year 2009. Total	28955
expenditures between both the Departments of Development and	28956
Transportation shall not exceed the appropriated amounts stated	28957
in this section.	28958

On or before June 30, 2008, any unencumbered balance of the	28959
foregoing appropriation item 195-697, Diesel Emissions Reduction	28960
Grants, for fiscal year 2008, less amounts encumbered by the	28961
Department of Transportation for reimbursement of public entities	28962
for fiscal year 2008, is hereby appropriated for the same purposes	28963
for fiscal year 2009.	28964

Up to $5,000,000 in the Highway Operating Fund (Fund 7002)	28965
shall be used each fiscal year for the Transit Capital Program in	28966
conjunction with funding provided in the Department of	28967
Transportation's budget under the Ohio Public Transportation Grant	28968
Program.	28969

On or before June 30, 2008, any unencumbered balance of the	28970
Transit Capital Program in fiscal year 2008 is hereby appropriated	28971
for the same purposes in fiscal year 2009.	28972

Any cash transfers or allocations under this section	28973
represent CMAQ program moneys within the Department of	28974
Transportation for use by the Diesel Emissions Reduction Grant	28975
Program by the Department of Development and for use by the Ohio	28976
Public Transportation Grant Program by the Ohio Department of	28977
Transportation. These allocations shall not reduce the amount of	28978
such moneys designated for metropolitan planning organizations.	28979

The Director of Development, in consultation with the	28980
Directors of Environmental Protection and Transportation, shall	28981
develop guidance for the administration of the Diesel Emissions	28982
Reduction Grant Program. The guidance shall include a method for	28983
prioritization of projects, acceptable technologies, and	28984
procedures for awarding grants.	28985

Sec. 518.03. BUDGET ADJUSTMENTS TO REFLECT TOBACCO	28986
SECURITIZATION	28987

(A) Notwithstanding any other provision of law to the	28988
contrary, the Director of Budget and Management, periodically on	28989
any date following the issuance of the tobacco obligations	28990
authorized in section 183.51 of the Revised Code and through June	28991
30, 2009, shall:	28992

(1) Determine the amount of appropriation items 235-909,	28993
Higher Education General Obligation Debt Service, and 230-908,	28994
Common Schools General Obligation Debt Service, that are in excess	28995
of the amounts needed to pay all debt service and financing costs	28996
on those obligations payable from each of those items and transfer	28997
all or any portion of that excess appropriation to appropriation	28998
item 200-901, Property Tax Allocation-Education, or 110-901,	28999
Property Tax Allocation-Taxation, or both together as needed for	29000
the purposes of making the state's property tax relief payments to	29001
school districts and counties.	29002

(2) Determine the amount by which interest earnings credited	29003
to Fund 034, Higher Education Improvement Fund, and Fund 032,	29004
School Building Program Assistance Fund, from the investment of	29005
the net proceeds of those tobacco obligations exceed the amount	29006
needed to satisfy appropriations from those funds, transfer all	29007
or part of that excess cash balance to the General Revenue Fund,	29008
and increase appropriation item 200-901, Property Tax	29009
Allocation-Education, or 110-901, Property Tax	29010
Allocation-Taxation, or both together, by up to the amount of cash	29011
so transferred to the General Revenue Fund.	29012

(3) Determine the amount of capital appropriations in	29013
CAP-770, School Building Assistance Program, and transfers of cash	29014
to Fund 5E3, School Facilities Commission, that are necessary to	29015
fully expend the amount of net proceeds deposited into Fund 032,	29016
School Building Program Assistance Fund, from the issuance of	29017
those tobacco obligations, and increase the appropriations for	29018
CAP-770 and appropriation item 230-644, Operating Expenses-School	29019
Facilities Commission, by the necessary amounts.	29020

(4) Determine the amount of additional capital	29021
appropriations, if any necessary to fully expend the amount of net	29022
proceeds deposited from the issuance of those tobacco obligations	29023
into Fund 034, Higher Education Improvement Fund.	29024

(5) Reduce by up to $800,000,000 the amount of authorization	29025
to issue and sell general obligations to pay the costs of capital	29026
facilities for a system of common schools throughout the state	29027
granted to the Ohio Public Facilities Commission by prior acts of	29028
the General Assembly. This reduction reflects the utilization of	29029
the net proceeds of those tobacco obligations in place of general	29030
obligation bond proceeds to support capital appropriations	29031
payable from Fund 032, School Building Assistance Fund.	29032

(6) Reduce by up to $950,000,000 the amount of authorization	29033
to issue and sell general obligations to pay the costs of capital	29034
facilities for state-supported and state-assisted institutions of	29035
higher education granted to the Ohio Public Facilities Commission	29036
by prior acts of the General Assembly. This reduction reflects	29037
the utilization of the net proceeds of those tobacco obligations	29038
in place of general obligation bond proceeds to support capital	29039
appropriations payable from Fund 034, Higher Education	29040
Improvement Fund.	29041

(B) ~~Before~~Except for transfers to the General Revenue Fund	29042
in accordance with division (A)(2) of this section, before the	29043
Office of Budget and Management transfers or increases or	29044
decreases any appropriations or authorizations described in	29045
division (A) of this section, the Office of Budget and Management	29046
shall seek Controlling Board approval.	29047

Section 610.41. That existing Sections 207.20.50,	29048
207.20.70, 207.30.10, 207.30.20, 207.30.30, 235.10, 261.10,	29049
263.10, 263.20.10, 263.30.10, 269.30.30, 269.30.70, 269.40.50,	29050
269.50.30, 275.10, 293.10, 299.10, 309.10, 309.30.13,	29051
309.30.30, 309.30.40, 309.30.41, 309.30.42, 309.40.33, 337.30,	29052
337.30.43, 337.40, 337.40.15, 369.10, 375.10, 379.10, 393.10,	29053
405.10, 407.10, 512.03, 512.35, and 518.03 of Am. Sub. H.B. 119	29054
of the 127th General Assembly are hereby repealed.	29055

Section 610.50. That Sections 101.10, 103.80.50, 201.30,	29056
201.50, 301.20.20, 301.20.80, 401.11, and 401.71 of H.B. 496 of	29057
the 127th General Assembly be amended to read as follows:	29058

Sec. 101.10. All items set forth in this section are hereby	29059
appropriated out of any moneys in the General Revenue Fund	29060
(GRF) that are not otherwise appropriated:	29061

Reappropriations

DAS DEPARTMENT OF ADMINISTRATIVE SERVICES	29062

C10002	Rural Areas Community Improvements	$	20,000	29063
C10008	Urban Areas Community Improvements	$	868,900	29064
Total Department of Administrative Services		$	888,900	29065
TOTAL GRF General Revenue Fund		$	888,900	29066

RURAL AREAS COMMUNITY IMPROVEMENTS

29067

The foregoing appropriation item C10002, Rural Areas	29068
Community Improvements, shall be granted for the Red Mill Creek	29069
Water Retention Basin.	29070

URBAN AREAS COMMUNITY IMPROVEMENTS

29071

From the foregoing appropriation item C10008, Urban Areas	29072
Community Improvements, grants shall be made for the following	29073
projects: $50,000 for the Brown Senior Center Renovations;	29074
$100,000 for Project AHEAD Facility Improvements; $75,000 for the	29075
J. Frank-Troy Senior Citizens Center; $23,900 for the Canton	29076
Jewish Women's Center; ~~$450,000 for the Gateway Social Services~~	29077
~~Building;~~$200,000 for Pro Football Hall of Fame festival facility	29078
improvements; $100,000 for the Children's Network of Stark County;	29079
$75,000 for the Community Treatment and Correction Center, Inc.;	29080
$75,000 for Trillium Family Solutions; $50,000 for the Loew	29081
Field Improvements; $20,000 for the Harvard Community Services	29082
Center Renovation & Expansion; $20,000 for the Collinwood	29083
Community Service Center Repair & Renovation; and $80,000 for	29084
Bowman Park - City of Toledo.	29085

Reappropriations

Sec. 103.80.50. EXP EXPOSITIONS COMMISSION

29086

C72300	Electric and Lighting Upgrade	$	112,020	29087
C72301	Land Acquisition	$	5,240	29088
C72303	Building Renovations - 5	$	4,576,484	29089
C72305	Facility Improvements and Modernization Plan	$	131,771	29090
C72309	Masonry Renovations	$	59,824	29091
C72310	Restroom Renovations	$	9,559	29092
C72312	Emergency Renovations and Equipment Replacement	$	891,533	29093
~~C72314~~	~~Multi-purpose Building~~	$	~~14,000,000~~	29094
Total Expositions Commission		$	~~19,786,431~~ 5,786,431	29095

Sec. 201.30. All items set forth in this section are hereby	29097
appropriated out of any moneys in the state treasury to the	29098
credit of the Cultural and Sports Facilities Building Fund (Fund	29099
7030) that are not otherwise appropriated:	29100

Reappropriations

AFC CULTURAL FACILITIES COMMISSION	29101

C37102	Center of Science and Industry - Toledo	$	12,268	29102
C37114	Woodward Opera House Renovation	$	1,150,000	29103
C37118	Statewide Site Repairs	$	100,100	29104
C37124	Waco Museum & Aviation Learning Center	$	500,000	29105
C37131	Bramley Historic House	$	75,000	29106
C37132	Beck Center for the Cultural Arts	$	100,000	29107
C37133	Delaware County Cultural Arts Center	$	40,000	29108
C37137	West Side Arts Consortium	$	138,000	29109
C37138	Ice Arena Development	$	5,500,000	29110
C37139	Stan Hywet Hall & Gardens	$	1,000,000	29111
C37141	Spring Hill Historic Home	$	125,000	29112
C37143	Lorain Palace Civic Theatre	$	200,000	29113
C37144	Great Lakes Historical Society	$	150,000	29114
C37153	Historic Sites and Museums	$	980,319	29115
C37155	Buffington Island State Memorial	$	33,475	29116
C37182	Lorain County Historical Society	$	300,000	29117
C37184	Marion Palace Theatre	$	1,575,000	29118
C37185	McConnellsville Opera House	$	75,000	29119
C37186	Secrest Auditorium	$	75,000	29120
C37187	Renaissance Theatre	$	700,000	29121
C37188	Trumpet in the Land	$	100,000	29122
C37189	Mid-Ohio Valley Players	$	80,000	29123
C37190	The Anchorage	$	50,000	29124
C37193	Galion Historic Big Four Depot Restoration	$	170,000	29125
C37195	Lake County Historical Society	$	250,000	29126
C37196	Hancock Historical Society	$	75,000	29127
C37197	Riversouth Development	$	1,000,000	29128
C37198	Ft. Piqua Hotel	$	200,000	29129
C37199	Marina District Amphitheatre and Related Development	$	2,000,000	29130
C371A1	Lima Historic Athletic Field	$	100,000	29131
C371A3	Voice Of America Museum	$	275,000	29132
C371A5	Clark County Community Arts Expansion Project	$	500,000	29133
C371A6	Westcott House Historic Site	$	75,000	29134
C371A8	Miami Township Community Amphitheatre	$	50,000	29135
C371A9	Western Reserve Historical Society	$	2,500,000	29136
C371B0	Cleveland Steamship Mather Museum	$	100,000	29137
C371B5	Arts Castle	$	100,000	29138
C371B6	Cincinnati Art and Technical Academy	$	325,000	29139
C371B7	Ohio Glass Museum	$	250,000	29140
C371B9	Ariel Theatre	$	100,000	29141
C371C2	Ensemble Theatre	$	450,000	29142
C371C4	Art Academy of Cincinnati	$	100,000	29143
C371C5	Riverbend Pavilion Improvements	$	250,000	29144
C371C7	Music Hall: Over-The-Rhine	$	750,000	29145
C371C8	John Bloomfield Home Restoration	$	720	29146
C371C9	Malinta Historical Society Caboose Exhibit	$	6,000	29147
C371D1	Art Deco Markay Theatre	$	200,000	29148
C371D4	Broad Street Historical Renovation	$	300,000	29149
C371D5	Amherst Historical Society	$	35,000	29150
C371D6	COSI - Toledo	$	980,000	29151
C371D7	Ohio Theatre - Toledo	$	100,000	29152
C371E2	Aurora Outdoor Sports Complex	$	50,000	29153
C371E3	Preble County Historical Society	$	100,000	29154
C371E4	Tecumseh Sugarloaf Mountain Amphitheatre	$	120,000	29155
C371F0	Richard Howe House	$	100,000	29156
C371F2	Packard Music Hall Renovation Project	$	575,000	29157
C371F3	Holland Theatre	$	100,000	29158
C371F6	Marietta Colony Theatre	$	335,000	29159
C371G7	Huntington Park	$	7,000,000	29160
C371G9	Riverbend - Cincinnati Symphony	$	3,000,000	29161
C371H0	Marina District Amphitheatre	$	2,900,000	29162
C371H1	Cincinnati Museum Center	$	2,000,000	29163
C371H2	National Underground Railroad Freedom Center	$	2,000,000	29164
C371H4	Pro Football Hall of Fame	$	1,650,000	29165
C371H5	Heritage Center - Dayton	$	1,300,000	29166
C371H6	Western Reserve Historical Society	$	1,000,000	29167
C371H7	COSI Columbus	$	1,000,000	29168
C371H8	Columbus Museum of Art	$	1,000,000	29169
C371I0	Stan Hywet Hall and Gardens	$	1,175,000	29170
C371I1	Akron Art Museum	$	1,000,000	29171
C371I2	Sauder Village	$	830,000	29172
C371I3	Horvitz Center for the Arts	$	750,000	29173
C371I4	Ensemble Theatre	$	750,000	29174
C371I5	Voice of America Museum	$	750,000	29175
C371I6	Cleveland Steamship Mather	$	600,000	29176
C371I7	Cuyahoga County Soldier and Sailor Monument	$	500,000	29177
C371I8	King-Lincoln Arts and Entertainment District	$	500,000	29178
C371I9	Art Academy of Cincinnati	$	500,000	29179
C371J0	Great Lakes Historical Society	$	500,000	29180
C371J3	Davis Shai Historical Facility	$	300,000	29181
C371J4	Massillon Museum	$	275,000	29182
C371J5	The Mandel Center	$	250,000	29183
C371J6	Peggy R McConnell Arts Center	$	250,000	29184
C371J7	Columbus College of Art and Design	$	250,000	29185
C371J9	Stambaugh Hall Improvements	$	250,000	29186
C371K0	Youngstown Symphony Orchestra	$	250,000	29187
C371K1	Wood County Historical Center/Museum	$	220,000	29188
C371K3	Cincinnati Ballet	$	200,000	29189
C371K4	City of Avon Stadium Complex	$	200,000	29190
C371K5	Renaissance Performing Arts Center	$	200,000	29191
C371K6	Oxford Arts Center	$	174,000	29192
C371K7	Wayne County Historical Society	$	170,000	29193
C371K8	Maumee Valley Historical Society	$	150,000	29194
C371K9	Trumbull County Historical Society	$	150,000	29195
C371L0	First Lunar Flight Project	$	25,000	29196
C371L1	Holmes County Historical Society Improvements	$	140,000	29197
C371L2	~~Canal Winchester Historical Society~~ Westerville Parks & Recreation Firefighters Memorial/First Responder Park	$	125,000	29198
C371L3	Ukranian Museum	$	100,000	29199
C371L4	Gordon Square Arts District	$	100,000	29200
C371L5	Moreland Theatre Renovation	$	100,000	29201
C371L6	Karamu House	$	100,000	29202
C371L7	Symmes Township Historical Society	$	100,000	29203
C371L8	Springfield Veterans Park Amphitheatre	$	100,000	29204
C371L9	Gallia County Historical Genealogical Society	$	100,000	29205
C371M1	The Octagon House	$	100,000	29206
C371M2	Vinton County Stage-Pavilion Project	$	100,000	29207
C371M3	County Line Historical Society-Wayne/Holmes	$	100,000	29208
C371M4	Paul Brown Museum	$	75,000	29209
C371M5	The Works Ohio Center for History, Art and Technology	$	75,000	29210
C371M8	Hale Farm and Village	$	50,000	29211
C371M9	Howe House Historic Site	$	50,000	29212
C371N0	Beavercreek Community Theatre	$	50,000	29213
C371N1	Jamestown Opera House	$	50,000	29214
C371N2	Johnny Appleseed Museum	$	50,000	29215
C371N3	Vinton County Historical Society Alice House Project	$	50,000	29216
C371N4	Woodward Opera House Renovations	$	50,000	29217
C371N5	Little Brown Jug Facility Improvements	$	50,000	29218
C371N6	Applecreek Historical Society	$	50,000	29219
C371N7	Wyandot Historic Courthouse	$	50,000	29220
C371N8	Galion Historical Big 4 Depot	$	30,000	29221
C371N9	Bucyrus Historic Depot Renovations	$	30,000	29222
C371O1	Arts West Performing Arts Center	$	25,000	29223
C371O2	Chester Academy Historical Site	$	25,000	29224
C371O3	Portland Civil War Museum and Historical Displays	$	25,000	29225
C371O4	Morgan County Opera House	$	25,000	29226
C371O5	Crawford Antique Museum	$	9,000	29227
C371O6	Monroe City Historical Society Building Repair	$	5,000	29228
C371O7	Wright Dunbar Historical Facility	$	250,000	29229
C371O8	Nationwide Children's Hospital Livingston Park Cultural Improvements	$	1,000,000	29230
C371P1	WACO Aircraft Museum	$	30,000	29231
C371P2	Bradford Railroad Museum	$	30,000	29232
C371P3	Cincinnati Ballet Facility	$	415,000	29233
C371P5	Fort Recovery Renovations	$	100,000	29234
C371P6	Music Hall Garage	$	1,000,000	29235
C371P7	Hip Klotz Memorial	$	150,000	29236
C371P8	AB Graham Center	$	40,000	29237
Total Cultural Facilities Commission		$	64,803,882	29238
TOTAL Cultural and Sports Facilities Building Fund		$	64,803,882	29239

Sec. 201.50. All items set forth in this section are hereby	29241
appropriated out of any moneys in the state treasury to the credit	29242
of the School Building Program Assistance Fund (Fund 7032) that	29243
are not otherwise appropriated:	29244

Reappropriations

SFC SCHOOL FACILITIES COMMISSION	29245

C23002	School Building Program Assistance	$	3,572,253,121	29246
C23005	Exceptional Needs	$	28,504,951	29247
C23010	Vocation Facilities Assistance Program	$	11,115,616	29248
Total School Facilities Commission		$	3,611,873,688	29249
TOTAL School Building Program Assistance Fund		$	3,611,873,688	29250

CONSTRUCTION OF NEW BLIND AND DEAF SCHOOLS

29251

Of the foregoing appropriation item C23002, School Building	29252
Program Assistance, $37,080,000 shall be used for constructing new	29253
facilities, or renovating existing facilities, or both, on the	29254
current campuses of the Ohio State School for the Blind and the	29255
Ohio School for the Deaf. Notwithstanding sections 123.01 and	29256
123.15 of the Revised Code and in addition to its powers under	29257
Chapter 3318. of the Revised Code, the Ohio School Facilities	29258
Commission shall administer the project pursuant to the memorandum	29259
of understanding that the Ohio State School for the Blind, the	29260
Ohio School for the Deaf, and the Ohio School Facilities	29261
Commission signed on October 31, 2007. The project shall comply	29262
to the fullest extent possible with the specifications and	29263
policies set forth in the Ohio School Facilities Design Manual and	29264
shall not be considered a part of any program created under	29265
Chapter 3318. of the Revised Code. As agreed to by the parties in	29266
the memorandum of understanding, $37,080,000 is sufficient to	29267
complete the construction or renovation of the facilities needed	29268
for the education of both the deaf and blind student communities	29269
and additional appropriations will not be required. Upon issuance	29270
by the Commission of a certificate of completion of the project,	29271
the Commission's participation in the project shall end.	29272

The Executive Director of the Ohio School Facilities	29273
Commission shall comply with the procedures and guidelines	29274
established in Chapter 153. of the Revised Code. Upon the release	29275
of funds for the project by the Controlling Board or the Director	29276
of Budget and Management, the Commission may administer the	29277
project without the supervision, control, or approval of the	29278
Director of Administrative Services. Any references to the	29279
Director of Administrative Services in the Revised Code, with	29280
respect to the administration of the project, shall be read as if	29281
they referred to the Director of the Ohio School Facilities	29282
Commission.	29283

Reappropriations

Sec. 301.20.20. BGU BOWLING GREEN STATE UNIVERSITY

29284

C24000	Basic Renovations	$	10,751,883	29285
C24001	Basic Renovations - Firelands	$	811,360	29286
C24002	Instructional and Data Processing Equipment	$	1,200,186	29287
C24004	ADA Modifications	$	19,544	29288
C24005	Child Care Facility	$	49,406	29289
C24007	Materials Network	$	90,981	29290
C24008	Video Link	$	10,644	29291
C24013	Hannah Hall Rehabilitation	$	2,005,522	29292
C24014	Biology Lab Renovation	$	12,533,708	29293
C24015	Campus-Wide Paving/Sidewalk Upgrade	$	4,899	29294
C24016	Student Learning	$	13,149	29295
C24017	Video Teaching Network	$	5,436	29296
C24019	Kinetic Spectrometry Consortium	$	77,671	29297
C24020	Admissions Visitor Center	$	3,000,000	29298
C24021	Theatre/Performing Arts Complex	$	8,750,000	29299
C24022	University Hall Rehabilitation	$	1,174,981	29300
C24025	Administration Building Fire Alarm System	$	83,986	29301
C24026	Campus-Wide Carpet Upgrade	$	329,700	29302
C24027	Reroof East, West, and North Buildings	$	173,999	29303
C24028	Instructional Laboratory - Phase 1	$	960,000	29304
C24031	Health Center Addition	$	9,750,000	29305
C24032	Student Services Building Replacement	$	8,100,000	29306
C24033	BGU Aviation Improvements	$	500,000	29307
C24034	Tunnel Upgrade-Phase II	$	98,820	29308
C24035	Library Depository Northwest	$	56,000	29309
C24036	Wood County Environmental Health Project	$	700,000	29310
Total Bowling Green State University		$	~~60,551,875~~ 61,251,875	29311

Reappropriations

Sec. 301.20.80. OSU OHIO STATE UNIVERSITY

29313

C31500	Basic Renovations	$	34,349,496	29314
C31501	Basic Renovations - Regional Campuses	$	6,506,516	29315
C31502	Brown Hall Annex Replacement	$	6,213	29316
C31505	Basic Renovations - ATI	$	129,714	29317
C31506	Supplemental Renovations - OARDC	$	3,319,202	29318
C31507	Supplemental Renovations - Regional	$	191,955	29319
C31508	Dreese Lab Addition	$	5,953	29320
C31510	Bioscience/Parks Hall Addition	$	12,584	29321
C31512	Greenhouse Modernization	$	40,982	29322
C31515	Life Sciences Research Building	$	218,170	29323
C31520	Food Science & Technology Building	$	92,786	29324
C31522	Heart & Lung Institute	$	32,437	29325
C31523	Superconducting Radiation	$	65,094	29326
C31524	Brain Tumor Research Center	$	6,001	29327
C31525	Engineering Center Net Shape Manufacturing	$	20,730	29328
C31526	Membrane Protein Typology	$	8,835	29329
C31527	Instructional and Data Processing Equipment	$	6,014,848	29330
C31528	Fine Particle Technologies	$	116,770	29331
C31529	Advanced Plasma Engineering	$	22,690	29332
C31530	Plasma Ramparts	$	1,150	29333
C31531	IN-SITU AL-BE Composites	$	1,733	29334
C31532	Jay Cooke Residence - Roof and Windows	$	86,668	29335
C31535	Asbestos Abatement	$	5,325	29336
C31536	Materials Network	$	91,983	29337
C31537	Bio-Technology Consortium	$	42,378	29338
C31538	Analytical Electron Microscope	$	375,000	29339
C31539	High Temp Alloys & Alluminoids	$	220,000	29340
C31541	Supplemental Renovations - ATI	$	33,969	29341
C31542	Maintenance, Receiving, and Storage Facility - Marion	$	58,646	29342
C31543	McPherson Lab Rehabilitation	$	37,243	29343
C31544	Heart and Lung Institute	$	101,808	29344
C31546	ADA Modifications - ATI	$	41,936	29345
C31547	ADA Modifications - Lima	$	358	29346
C31548	ADA Modifications - Mansfield	$	15,253	29347
C31550	Titanium Alloys	$	54,912	29348
C31552	Advanced Manufacturing	$	38,579	29349
C31553	Manufacturing Processes/Materials	$	62,574	29350
C31554	Terhertz Studies	$	35,294	29351
C31556	Marion Park/Road/Sidewalk/Lights	$	2,750	29352
C31557	Pomerene Lighting/Wiring	$	249,584	29353
C31558	NMR Consortium	$	75,116	29354
C31559	Versatile Film Facility	$	62,872	29355
C31560	OCARNET	$	5,916	29356
C31561	Bioprocessing Research	$	1,905	29357
C31562	Localized Corrosion Research	$	6,128	29358
C31563	ATM Testbed	$	3,633	29359
C31564	Physical Sciences Building	$	79,383	29360
C31565	Morrill Hall Remodeling - Vacated Library Space - Marion	$	923	29361
C31568	Sisson Hall Replacement	$	5,537	29362
C31570	Machinery Acoustics	$	3,804	29363
C31571	Sensors and Measurements	$	15,115	29364
C31572	Polymer Magnets	$	1,099	29365
C31574	A1 Alloy Corrosion	$	14,292	29366
C31578	Page Hall Planning	$	7,210	29367
C31579	Botany & Zoology Building Planning	$	209,467	29368
C31581	Robinson Laboratory Planning	$	36,765	29369
C31582	Don Scott Field Replacement Barns	$	1,495,619	29370
C31583	Galvin Hall 3rd Floor Renovation - Lima	$	22,135	29371
C31584	Horticultural Operations Center - ATI	$	1,475,400	29372
C31585	OARDC Feed Mill	$	5,050,968	29373
C31587	Biological Sciences Cooling Tower	$	6,930	29374
C31589	Mount Hall HVAC Modifications	$	40,982	29375
C31591	Ohio Biomedical Consortium on Medical Therapeutic Micro Devices	$	49,275	29376
C31592	Plant and Microbe Functional Genomics Facilities	$	16,259	29377
C31593	Consortium for Novem Microfabrications Methods of Medical Devices in Non-Silicon Materials	$	149,066	29378
C31594	Bone & Mineral Metabolism Research Lab	$	5,845	29379
C31597	Animal & Plant Biology Level 3	$	8,133,780	29380
C31598	Main Library Rehabilitation	$	56,456,214	29381
C31599	Psychology Building	$	57,722	29382
C315A0	Thorne Hall and Gowley Hall Renovations - Phase 3	$	598,043	29383
C315A2	Nanosecond Infrared Measurement	$	2,588	29384
C315A4	Millimeter/Submillimeter Instrument	$	5,919	29385
C315A5	X-Ray Powder Diffractometer	$	558	29386
C315A6	Deconvolution Microscope	$	1,101	29387
C315B2	Denney Hall Renovation - Phase I	$	18,495	29388
C315B3	Ion Mass Spectrometry	$	6,594	29389
C315B5	Role of Molecular Interfaces	$	17,773	29390
C315B8	New Millimeter Spectrometer	$	24,996	29391
C315C2	1224 Kinnear Road - Bale	$	11,105	29392
C315C3	Non-Silicon Micromachining	$	73,991	29393
C315C4	High Performance Computing	$	2,910	29394
C315C5	Veterinary Hospital Auditorium Renovation	$	7,736	29395
C315D0	OARDC Boiler Replacement	$	656,442	29396
C315D2	Supercomputer Center Expansion	$	1,600,414	29397
C315D5	Information Literacy	$	24,824	29398
C315D6	Online Business Major	$	6,618	29399
C315D8	Renovation of Graves Hall	$	68,196	29400
C315E0	OARDC Wooster Phone System Replacement	$	467,398	29401
C315E1	Utility - North Tunnel Steamline Upgrade	$	114,298	29402
C315E2	Dual Beam Characterization	$	150,000	29403
C315E6	Environmental Technology Consortium	$	11,297	29404
C315E7	Campbell, University, and Evans Hall	$	45,877	29405
C315E8	Laboratory Animal Facility	$	83,481	29406
C315F1	Western Branch Headquarters & Machinery Building	$	662,850	29407
C315F2	Muck Crops Branch/Shop Building Replacement	$	782,173	29408
C315F3	Hazardous Waste Handling/Storage Building	$	1,103,062	29409
C315F4	Agriculture/Engineering Building Renovation & Addition	$	200,000	29410
C315F5	~~Wood County Center for Agriculture~~ OSU Extension Office/Agriculture Business Enhancement Center	$	~~1,000,000~~ 300,000	29411
C315F6	Community Heritage Art Gallery - Lima	$	100,000	29412
C315F8	Nanotechnology Molecular Assembly	$	437,296	29413
C315F9	Networking and Communication	$	478,761	29414
C315G0	Planetary Gear	$	125,000	29415
C315G1	X-Ray Fluorenscence Spectrometer	$	2,283	29416
C315G2	Precision Navigation	$	85,000	29417
C315G3	Welding & Metal Working	$	200,000	29418
C315G5	Inductively Coupled Plasma Etching	$	126,492	29419
C315G6	Accelerated Metals	$	1,020,331	29420
C315G7	Mathematical Biosciences Institute	$	9,819	29421
C315G9	Mershon Auditorium HVAC System Improvements	$	3,379	29422
C315H0	Molecular Microdevices	$	2,066	29423
C315H1	Research Center HVAC System Improvements	$	38,052	29424
C315H2	Infrared Absorption Measurements	$	3,423	29425
C315H3	Dark Fiber	$	2,532,628	29426
C315H4	Shared Data Backup System	$	96,876	29427
C315H6	Third Frontier Network Testbed	$	202,763	29428
C315H7	Distributed Learning Workshop	$	2,500	29429
C315H8	Accelerated Maturation of Materials	$	42,279	29430
C315H9	Nanoscale Polymers Manufacturing	$	358,802	29431
C315J0	Hydrogen Production and Storage	$	217	29432
C315J1	Ohio Organic Semiconductor	$	226,422	29433
C315J4	Comprehensive Cancer - Chiller Replacement	$	19,187	29434
C315J5	Kottman Hall - 103 Central Classroom	$	20,893	29435
C315J7	Low Cost Nanocomposite Foams	$	101,705	29436
C315J8	West Campus Chilled Water & Scott Hall	$	20,093	29437
C315J9	McCracken Power Plant Spill Control	$	120,251	29438
C315K0	Glacial Assessment	$	22,764	29439
C315K2	Center for Advanced Propulsion and Power	$	1,313,076	29440
C315K3	Parks Hall Chiller Replacement	$	134,678	29441
C315K4	Hybrid Electric Vehicle Modeling	$	363,452	29442
C315K5	Computational Nanotechnology	$	500,000	29443
C315K6	Townshend Hall - Roof Replacement	$	328,772	29444
C315K8	Veterinary Hospital Roof Replacement Phase II	$	174,815	29445
C315K9	Hopkins Hall Phase II Priorities I, II	$	41,756	29446
C315L0	Bioscience 6th Floor Renovation - Priority	$	140,937	29447
C315L1	Ohio Commons For Digital Education	$	14,594	29448
C315L2	Postle Hall Fire Alarm Replacement	$	116,441	29449
C315L3	NonCredit Job Education & Training	$	14,201	29450
C315L4	Campus South Dorms Renovation/Improvements	$	3,767	29451
C315L5	Bricker Hall Roof Replacement	$	23,608	29452
C315L8	Cooperative Control Testbed	$	3,000	29453
C315M0	Neuroscience Center Core	$	576	29454
C315M2	Campus Grounds-Exterior Lighting - Phase VIII	$	31,523	29455
C315M3	930 Kinnear Road Renovations	$	181,402	29456
C315M4	Waterman Lab & Don Scott Field	$	23,528	29457
C315M5	Lincoln Tower Renovations - Phase I	$	254,767	29458
C315M6	Coe Corrosion Coop	$	56,781	29459
C315M7	OSU Cancer Program Expansion	$	2,000,000	29460
C315M8	Smith Laboratory Rehabilitation	$	2,799,448	29461
C315M9	Warner Library and Student Center	$	1,618,275	29462
C315N0	Hopewell Hall Science Suite	$	508,408	29463
C315N1	Atomic Force Microscopy	$	180,000	29464
C315N2	Interactive Applications	$	344,865	29465
C315N3	Platform Lab	$	76,685	29466
C315N4	Integrated Biomass to Electricity	$	392,680	29467
C315N8	Center for Polymer Nanomaterials	$	9,801,899	29468
C315N9	Ohio Bioproducts Innovation Center	$	7,765,250	29469
C315P1	Specialized Planetary Gears	$	40,920	29470
C315P2	OSU Agricultural Building	$	295,409	29471
C315P3	Automated AFM System	$	618	29472
C315P4	Integrated Wireless Communication	$	3,454	29473
C315P5	Newton Hall-Roof Replacement	$	140,646	29474
C315P6	Chirped-Pulse Amplifier	$	258,732	29475
C315P7	Central Classroom Building Renovation	$	55,686	29476
C315P9	Airport Hangers 1 2 & 3 Roof Replacement	$	485,250	29477
C315Q0	Veterinary Hospital Holding Replacement	$	1,902,970	29478
C315Q1	Aeronautical and Astronautical Research Lab-Roof Replacement	$	676,482	29479
C315Q2	Superconductivity Technology Center	$	324,136	29480
C315Q3	Periodic Materials Assemblies	$	60,239	29481
C315Q4	Biological Sciences Building Supply Fan Replacement	$	628,573	29482
C315Q5	Biological Sciences Building-Fume Hood Repairs	$	968,531	29483
C315Q6	Kottman Hall Fume Hood Repairs	$	1,476,940	29484
C315Q7	Photonic Force Microscope	$	4,887	29485
C315Q9	Brown Hall Renovation/Replacement	$	3,500,000	29486
C315R0	Hughes Hall Renovation	$	1,500,000	29487
C315R1	COMPH Academic Center	$	5,000,000	29488
C315R2	Murray Hall Renovation	$	1,000,000	29489
C315R3	New Student Life Building	$	1,000,000	29490
C315R4	Founders/Hopewell Hall Renovation	$	1,960,080	29491
C315R5	Agricultural and Biological Engineering Building Renovation	$	4,000,000	29492
C315R6	Selby Hall Phytotron Facility Renovation	$	2,000,000	29493
C315R7	Stone Laboratory Resource Facility Improvements	$	500,000	29494
C315R8	OSU Extension Safety Improvements in Madison County	$	94,000	29495
C315R9	Camp Clifton Improvements	$	90,000	29496
C315S0	Delaware Speech & Hearing with OSU Medical College	$	75,000	29497
C315S1	Kottman Hall-Windows/Masonry Renovation	$	1,065,280	29498
C315S2	Postle Hall Partial Window Replacement	$	630,000	29499
C315S3	Celeste Lab Fume Hood Repairs	$	1,000,300	29500
C315S4	Utility Upgrade/East Campus Area	$	45,969	29501
Total Ohio State University		$	~~200,348,786~~ 199,648,786	29502

~~WOOD COUNTY CENTER FOR AGRICULTURE~~OSU EXTENSION	29503
OFFICE/AGRICULTURE BUSINESS ENHANCEMENT CENTER	29504

~~Of the~~The foregoing appropriation item C315F5, ~~Wood County~~	29505
~~Center for Agriculture~~OSU Extension Office/Agriculture Business	29506
Enhancement Center, ~~up to $300,000~~ shall be used for building	29507
renovations to the ~~OSU Extension Office/Ag Business Enhancement~~	29508
Center.	29509

Sec. 401.11. RIVERFRONT IMPROVEMENTS

29510

Of the foregoing reappropriation item C725D0, Riverfront	29511
Improvements, $1,000,000 shall be used for the Riverfront West	29512
Park Development - Cincinnati Park Board, Hamilton County.	29513

LOCAL PARKS PROJECTS

29514

Of the foregoing appropriation item C725E2, Local Parks	29515
Projects, $2,000,000 shall be used for the Center City Park in	29516
Springfield; $1,200,000 shall be used for the Cincinnati Zoo;	29517
$1,000,000 shall be used for the East Bank/Flats Project;	29518
$1,000,000 shall be used by the Warren County Park District for	29519
Land Acquisition or Improvements; $540,000 shall be used for Tar	29520
Hollow State Park Improvements; $300,000 shall be used by the City	29521
of Mason for Handicap Accessible Park Improvements; $250,000	29522
shall be used for Van Buren State Park ~~Land Acquisitions~~Camp	29523
Ground Electrification and Restroom Facilities Improvements;	29524
$200,000 shall be used for Harrison Village Historical	29525
Society-Phoenix Park Museum; $200,000 shall be used for Indian	29526
Lake State Park Dredging Improvements; $191,000 shall be used for	29527
Deerfield Township Simpson Creek Erosion Mitigation and Bank	29528
Control; $185,000 shall be used for the City of Wilmington Park	29529
Upgrades/Tennis Courts; $175,700 shall be used for the Georgetown	29530
Community Tennis Park; $150,000 shall be used for Kelleys Island	29531
Park Improvements; $150,000 shall be used for Perry Township Camp	29532
Improvements; $100,000 shall be used for Mountain Bike	29533
Park/Midtown Cleveland; $100,000 shall be used for the Chester	29534
Township Park; $69,000 shall be used for Miami Erie Canal Repairs	29535
in Spencerville; $60,000 shall be used for Marseilles Reservoir	29536
Bulk Head Project; $50,000 shall be used for Beavercreek/John	29537
Aekeney Soccer Field and Park; $50,000 shall be used for the	29538
Beavercreek Community Athletic Association Facility and Park	29539
Upgrade; $50,000 shall be used for the Columbus Zoo Education	29540
Center; $50,000 shall be used for Dillon State Park Upgrades;	29541
$50,000 shall be used for Indian Lake State Park Shoreline	29542
Improvements; $25,000 shall be used for the Cleveland Police and	29543
Firefighters Memorial Park; $25,000 shall be used for Grand Lake	29544
St. Mary's Improvements; $25,000 shall be used for Geauga	29545
Veterans Monument Park Improvements; $19,000 shall be used for	29546
East Fork State Park-Harsha Lake Dock Improvements; $10,000	29547
shall be used for the Marine Corps League Park/Monument; $10,000	29548
shall be used for Huntington Township Park Improvements; and	29549
$5,000 shall be used for Morrow County Bicentennial Park.	29550

STATEWIDE TRAILS PROGRAM

29551

Of the foregoing reappropriation item C725L8, Statewide	29552
Trails Program, $2,000,000 shall be used for the Ohio to Erie	29553
Trail by Franklin County Metro Parks; $1,900,000 shall be used for	29554
the Cuyahoga Towpath Trail; and $210,000 shall be used for the	29555
Trumbull Bike Trail.	29556

FEDERAL REIMBURSEMENT

29557

All reimbursements received from the federal government for	29558
any expenditures made pursuant to Sections 401.10 and 401.11 of	29559
this act shall be deposited in the state treasury to the credit of	29560
the Parks and Recreation Improvement Fund.	29561

Sec. 401.71. The Ohio Public Facilities Commission is hereby	29562
authorized to issue and sell, in accordance with Section 2m2p of	29563
Article VIII, Ohio Constitution, and pursuant to sections 151.01	29564
and 151.08 of the Revised Code, original obligations of the	29565
state, in an aggregate principal amount not to exceed	29566
$120,000,000, in addition to the original obligations heretofore	29567
authorized by prior acts of the General Assembly. These authorized	29568
obligations shall be issued and sold from time to time, subject to	29569
applicable constitutional and statutory limitations, as needed to	29570
ensure sufficient moneys to the credit of the State Capital	29571
Improvements Fund (Fund 7038) to pay costs of the state in	29572
financing or assisting in the financing of local subdivision	29573
capital improvement projects.	29574

Section 610.51. That existing Sections 101.10, 103.80.50,	29575
201.30, 201.50, 301.20.20, 301.20.80, 401.11, and 401.71 of H.B.	29576
496 of the 127th General Assembly are hereby repealed.	29577

Section 620.10. That Section 375.80.10 of Am. Sub. H.B. 119	29578
of the 127th General Assembly is hereby repealed.	29579

Section 620.20. That Section 5 of Am. Sub. H.B. 24 of the	29580
127th General Assembly is hereby repealed.	29581

Section 701.10. (A) As used in this section, "employer" has	29582
the same meaning as in division (D) of section 145.01 of the	29583
Revised Code.	29584

(B) Notwithstanding the penalty provided for in section	29585
145.47 of the Revised Code as it existed immediately prior to its	29586
amendment by this act, the Public Employees Retirement System	29587
shall recalculate, as described in this section, any penalty	29588
incurred under that section by an employer during the period	29589
beginning April 1, 2006, and ending the day before the effective	29590
date of this section, if the retirement system receives the	29591
recalculated amount not later than thirty days after the effective	29592
date of this section. The penalty shall be recalculated in	29593
accordance with section 145.47 of the Revised Code, as amended by	29594
this act.	29595

(C) If an employer fails to pay the recalculated amount in	29596
accordance with division (B) of this section, the retirement	29597
system shall reinstate to the original amount any penalty that was	29598
recalculated under division (B) of this section. If an employer	29599
fails to pay the reinstated penalty, that amount shall be withheld	29600
from the employer on certification by the Public Employees	29601
Retirement Board to the Director of Budget and Management or the	29602
county auditor, as appropriate.	29603

(D) If, prior to the effective date of this section, an	29604
employer described in division (B) of this section paid the	29605
penalty in accordance with section 145.47 of the Revised Code, as	29606
it existed immediately prior to its amendment by this act, the	29607
retirement system shall credit to the employer's account the	29608
difference between the amount of the penalty that was paid and the	29609
recalculated penalty to reduce any amounts due from the employer	29610
under Chapter 145. of the Revised Code. The credit shall be	29611
completed not later than six months after the effective date of	29612
this section.	29613

Section 701.20. (A) The Ohio Commission on Local Government	29614
Reform and Collaboration shall develop recommendations on	29615
reforming and restructuring local government in this state to	29616
increase the efficiency and effectiveness of local government	29617
operations and to achieve cost savings for taxpayers. In	29618
developing the recommendations, the commission shall consider,	29619
but is not limited to, the following:	29620

(1) Restructuring and streamlining local government offices	29621
to achieve efficiencies and cost savings for taxpayers and to	29622
facilitate local economic development;	29623

(2) Restructuring local government authorities authorized by	29624
the constitution or the laws of this state to levy a tax of any	29625
kind or to have a tax of any kind levied on its behalf, and of	29626
local government units, including schools and libraries, to	29627
reduce overhead and administrative expenses;	29628

(3) Restructuring or streamlining services, functions, or	29629
authorities of local government to achieve cost savings for	29630
taxpayers; and	29631

(4) Reforming or restructuring constitutional, statutory, and	29632
administrative laws to increase the efficiency and effectiveness	29633
of local government operations, to avoid duplication of services,	29634
and to achieve costs savings for taxpayers.	29635

(B)(1) There is hereby created the Ohio Commission on Local	29636
Government Reform and Collaboration, consisting of nine voting	29637
members. The President of the Senate and the Speaker of the House	29638
of Representatives each shall appoint three members and the	29639
Governor shall appoint three members. The initial appointments	29640
shall be made not later than sixty days after the effective date	29641
of this section. Vacancies shall be filled in the manner provided	29642
for original appointments. Members are not entitled to	29643
compensation for their services.	29644

(2) The initial meeting of the commission shall be called by	29645
the Governor within forty-five days after the initial appointments	29646
to the commission are complete. The commission shall elect two of	29647
its members to serve as co-chairpersons of the commission.	29648

(C) The commission shall create an advisory council	29649
consisting of interested parties representing taxing authorities	29650
and political subdivisions that are not taxing authorities. The	29651
appointment of members to the advisory council is a matter of the	29652
commission's discretion. The commission may direct the advisory	29653
council to provide relevant information to the commission.	29654
Advisory council members are not members of the commission, and	29655
may not vote on commission business.	29656

(D) The commission may consult with and obtain assistance	29657
from state institutions of higher education (as defined in section	29658
3345.011 of the Revised Code) and from business organizations for	29659
research and data gathering related to its mission. State	29660
institutions of higher education and business organizations shall	29661
cooperate with the commission.	29662

(E) The commission shall issue a report of its findings and	29663
recommendations to the President of the Senate, the Speaker of the	29664
House of Representatives, and the Governor not later than July 1,	29665
2010. The commission ceases to exist upon submitting its report.	29666

Section 703.10. Notwithstanding the enactment of sections	29667
353.01 to 353.063 of the Revised Code by this act, the elected	29668
officeholders for the offices of county clerk of courts, county	29669
auditor, county recorder, county treasurer, county coroner, county	29670
engineer, and county sheriff shall not be eliminated or replaced	29671
until the termination of their current elected offices. Similarly,	29672
if an election for any of those offices occurs at the same time as	29673
the question of restructuring a county government is presented to	29674
the electors on the ballot, the elected officeholder shall	29675
continue to serve in the office as an elected officeholder until	29676
the termination of the term of office. At the termination of any	29677
such term following the approval of the electors of the	29678
restructured form of county government, appointments shall be made	29679
not sooner than sixty nor later than ninety days after the date of	29680
the end of that term of office. The formerly elected officeholder	29681
shall continue to serve and hold office until the successor is	29682
appointed and qualified.	29683

Section 705.10. Notwithstanding section 5709.73 of the	29684
Revised Code, a board of township trustees of a township with a	29685
population exceeding fifty-five thousand according to the most	29686
recent federal decennial census may adopt a resolution under	29687
division (B) of that section on or before December 31, 2008, by	29688
majority vote. Such a board may adopt a resolution under division	29689
(C) of that section on or before December 31, 2008, by majority	29690
vote, if the other requirements of that division are satisfied.	29691

Section 707.10. (A) As used in this section:

29692

(1) "Active business operations" means all business	29693
operations that are not inactive business operations.	29694

(2) "Business operations" means engaging in commerce in any	29695
form in Sudan or Iran, including by maintaining, selling,	29696
acquiring, developing, owning, possessing, operating, or leasing	29697
equipment, facilities, personnel, products, services, personal or	29698
real property, or any other apparatus of business or commerce.	29699

(3) "Company" means a sole proprietorship, organization,	29700
association, corporation, partnership, joint venture, limited	29701
partnership, limited liability partnership, limited liability	29702
company, business association, or other entity, including any	29703
wholly-owned subsidiary, majority-owned subsidiary, parent	29704
company, or affiliate of any of those types of entities, that	29705
exists for the purpose of making a profit.	29706

(4) "Complicit" means taking actions during any preceding	29707
twenty-month period that directly support or promote the genocidal	29708
campaign in the Darfur region of Sudan, including, but not limited	29709
to, preventing members of the population of the Darfur region of	29710
Sudan negatively affected by genocide from communicating with each	29711
other; encouraging Sudanese citizens to speak against the	29712
internationally approved security force that provides aide to the	29713
Darfur region; actively working to deny, cover up, or alter the	29714
record on human rights abuses in Darfur; or other similar actions.	29715

(5) "Direct holdings" means all stocks or bonds of a company	29716
held directly by the Ohio Police and Fire Pension Fund or held in	29717
an account or fund of which the Fund owns all of the shares or	29718
interests.	29719

(6) "Government of Iran" means the Islamic Republic of Iran,	29720
its instrumentalities, and companies owned or controlled by the	29721
government of Iran.	29722

(7) "Government of Sudan" means the government in Khartoum,	29723
Sudan, that is led by the National Congress Party, formerly known	29724
as the National Islamic Front, or any successor government formed	29725
on or after October 13, 2006, including the coalition national	29726
unity government agreed upon in the "2005 Comprehensive Peace	29727
Agreement," and does not include the regional government of	29728
southern Sudan.	29729

(8) "Inactive business operations" means those business	29730
operations conducted by a company that involve only the continued	29731
holding or renewal of rights to property that, at one time, was	29732
used for the purpose of generating revenue for the company but is	29733
not presently used for such purpose.	29734

(9) "Indirect holdings" means all stocks and bonds of a	29735
company that are not direct holdings and are held in an account or	29736
fund in which the Ohio Police and Fire Pension Fund owns shares or	29737
interests together with other investors not subject to the	29738
provisions of this chapter, as well as any private equity fund,	29739
private equity fund-of-funds, venture capital fund, hedge fund,	29740
hedge fund-of-funds, real estate fund or other investment vehicle	29741
that is not publicly traded, mutual funds, and pooled or	29742
securitized investment vehicles.	29743

(10) "Iran" means the Islamic Republic of Iran.

29744

(11) "Marginalized populations of Sudan" includes, but is not	29745
limited to, all of the following:	29746

(a) The portion of the population in the Darfur region that	29747
has been negatively affected by genocide;	29748

(b) The portion of the population of southern Sudan	29749
negatively affected by the civil war that occurred between the	29750
north and south regions of Sudan;	29751

(c) The Beja, Rashidiya, and other similarly underserved	29752
groups of eastern Sudan;	29753

(d) The Nubian and other similarly underserved groups in the	29754
Abyei, southern blue Nile, and Nuba mountain regions of Sudan;	29755

(e) The Amri, Hamadab, Manasir, and other similarly	29756
underserved groups of northern Sudan.	29757

(12) "Military equipment" means weapons, arms, military	29758
supplies, and equipment including, but not limited to, radar	29759
systems, or military-grade transport vehicles, that readily may be	29760
used for military purposes; or supplies or services sold or	29761
directly or indirectly provided to any force actively	29762
participating in armed conflict in Sudan.	29763

(13) "Mineral extraction activities" include exploring,	29764
extracting, processing, transporting, or wholesale selling or	29765
trading of elemental minerals or associated metal alloys or	29766
oxides, also known as ore, including gold, copper, chromium,	29767
chromite, diamonds, iron, iron ore, silver, tungsten, uranium, and	29768
zinc; and includes facilitating such activities, including by	29769
providing supplies or services in support of such activities.	29770

(14) "Oil-related activities" includes, but is not limited	29771
to, owning rights to oil blocks; exporting, extracting,	29772
producing, refining, processing, exploring for, transporting,	29773
selling, or trading of oil; constructing, maintaining, or	29774
operating a pipeline, refinery, or other oil-field	29775
infrastructure; or facilitating such activities, including by	29776
providing supplies or services in support of such activities.	29777
"Oil-related activities" does not mean engaging in only the	29778
retail sale of gasoline and related consumer products.	29779

(15) "Petroleum resource" means petroleum, petroleum	29780
byproducts, or natural gas.	29781

(16) "Power production activities" means any business	29782
operation that involves a project commissioned by the national	29783
electricity corporation of Sudan or other similar entity of the	29784
government of Sudan whose purpose is to facilitate power	29785
generation and delivery, including, but not limited to,	29786
establishing power-generating plants or hydroelectric dams,	29787
selling or installing components for a project, providing service	29788
contracts related to the installation or maintenance of a project,	29789
or facilitating any of these activities, including by providing	29790
supplies or services in support of such activities.	29791

(17) "Public fund" means the assets included in any fund	29792
portfolio that is under the control of, or controlled on behalf	29793
of, the Ohio Police and Fire Pension Fund.	29794

(18) "Scrutinized active business operation" means active	29795
business operations that have resulted in a company becoming a	29796
scrutinized company.	29797

(19) "Scrutinized business operations" means business	29798
operations that have resulted in a company that meets any of the	29799
following criteria:	29800

(a) The company has business operations that involve	29801
contracts with or provision of supplies or services to the	29802
government of Sudan, companies in which the government of Sudan	29803
has any direct or indirect equity share, consortiums or projects	29804
commissioned by the government of Sudan, or companies involved in	29805
consortiums or projects commissioned by the government of Sudan,	29806
and more than ten per cent of the company's revenues or assets	29807
linked to Sudan involve oil-related activities or	29808
mineral-extraction activities; less than seventy-five per cent of	29809
the company's revenues or assets linked to Sudan involve contracts	29810
with or provision of oil-related or mineral-extracting products or	29811
services to the regional government of southern Sudan or a project	29812
or consortium created exclusively by that regional government; and	29813
the company has failed to take substantial action specific to	29814
Sudan; or more than ten per cent of the company's revenues or	29815
assets linked to Sudan involve power-production activities; less	29816
than seventy-five per cent of the company's power-production	29817
activities include projects whose intent is to provide power or	29818
electricity to the marginalized populations of Sudan; and the	29819
company has failed to take substantial action specific to Sudan.	29820

(b) The company is complicit in the Darfur genocide.

29821

(c) The company supplies military equipment within Sudan,	29822
unless it clearly shows that the military equipment cannot be used	29823
to facilitate offensive military actions in Sudan or the company	29824
implements rigorous and verifiable safeguards to prevent use of	29825
that equipment by forces actively participating in armed conflict.	29826
Examples of safeguards include post-sale tracking of such	29827
equipment by the company, certification from a reputable and	29828
objective third party that such equipment is not being used by a	29829
party participating in armed conflict in Sudan, or sale of such	29830
equipment solely to the regional government of southern Sudan or	29831
any internationally recognized peacekeeping force or humanitarian	29832
organization.	29833

(d)(i) The company has business operations that involve	29834
contracts with or provision of supplies or services to the	29835
government of Iran, companies in which the government of Iran has	29836
any direct or indirect equity share, consortiums, or projects	29837
commissioned by the government of Iran, or companies involved in	29838
consortiums or projects commissioned by the government of Iran,	29839
and one of the following apply: more than ten per cent of the	29840
company's total revenues or assets are linked to Iran and involve	29841
oil-related activities, mineral-extraction activities, or	29842
petroleum resources; the company has, with actual knowledge, on or	29843
after August 5, 1996, made an investment of twenty million	29844
dollars or more, or any combination of investments of at least	29845
ten million dollars each, which in the aggregate equals or	29846
exceeds twenty million dollars in any twelve-month period, and	29847
which directly or significantly contributes to the enhancement of	29848
Iran's ability to develop the petroleum resources of Iran; the	29849
company is engaged in business with an Iranian organization	29850
labeled as a terrorist organization by the United States	29851
government.	29852

(ii) Any company that takes substantial action specific to	29853
Iran shall not meet the criteria to be deemed a company involved	29854
in scrutinized business operations.	29855

(20) "Social development company" means a company whose	29856
primary purpose in Sudan is to provide only the following	29857
humanitarian goods or services to the people of Sudan:	29858

(a) Medicine or medical equipment;

29859

(b) Agricultural supplies or infrastructure;

29860

29861

(d) Journalistic activities;

29862

(e) Information or information materials;

29863

(f) Spiritual-related activities;

29864

(g) Services of a purely clerical or reporting nature;

29865

(h) Food, clothing, or general consumer goods that are	29866
unrelated to oil-related activities, mineral extraction	29867
activities, or power production activities.	29868

(21) "Substantial action specific to Iran" means adopting,	29869
publicizing, and implementing a formal plan to cease scrutinized	29870
business operations within one year and to refrain from any such	29871
new business operations.	29872

(22) "Substantial action specific to Sudan" means adopting,	29873
publicizing, and implementing a formal plan to cease scrutinized	29874
business operations within one year and to refrain from any such	29875
new business operations; undertaking humanitarian efforts in	29876
conjunction with an international organization, the government of	29877
Sudan, the regional government of southern Sudan, or a nonprofit	29878
entity evaluated and certified by an independent third party to be	29879
substantially in a relationship to the company's Sudan business	29880
operations and of benefit to one or more marginalized populations	29881
of Sudan; or, through engagement with the government of Sudan,	29882
materially improving conditions for the genocidally victimized	29883
population in Darfur.	29884

(23) "Sudan" means the Republic of the Sudan.

29885

(B)(1) Within ninety days after the effective date of this	29886
section, the Ohio Police and Fire Pension Fund shall make its	29887
best efforts to identify all publicly traded companies involved	29888
in scrutinized business operations in which the Fund has direct	29889
or indirect holdings or could possibly have such holdings in the	29890
future. The efforts shall include:	29891

(a) Reviewing and relying, as appropriate in the Fund's	29892
judgment, on publicly available information regarding companies	29893
having business operations in Iran or Sudan, including	29894
information provided by nonprofit organizations, research firms,	29895
international organizations, and government entities;	29896

(b) Contacting asset managers contracted by the Fund that	29897
invest in companies having business operations in Iran or Sudan;	29898

(c) Contacting other institutional investors that have	29899
divested from or engaged with companies that have business	29900
operations in Iran or Sudan;	29901

(d) Reviewing the laws of the United States regarding the	29902
levels of business activity that would cause application of	29903
sanctions for companies conducting business or investing in	29904
countries that are designated state sponsors of terror.	29905

(2) Within ninety days after the effective date of this	29906
section, the Fund shall create a "scrutinized companies with	29907
activities in Sudan list" and a "scrutinized companies with	29908
activities in Iran list," consisting of all publicly traded	29909
companies identified in division (B)(1) of this section, shall	29910
make the lists publicly available, and shall update the lists	29911
annually.	29912

(3) Notwithstanding the provisions of this chapter, a	29913
social-development company that is not complicit in the Darfur	29914
genocide is not considered a scrutinized company.	29915

(4) The Fund shall engage the companies on the scrutinized	29916
companies with activities in Sudan list and the scrutinized	29917
companies with activities in Iran list, in which the Fund owns	29918
direct or indirect holdings, according to the following:	29919

(a) For each company identified in this paragraph that has	29920
only inactive business operations, the Fund shall send a written	29921
notice informing the company of the requirements of this chapter	29922
and encouraging it to continue to refrain from initiating active	29923
business operations in Iran or Sudan until it is able to avoid	29924
scrutinized business operations. The Fund shall continue such	29925
correspondence semiannually.	29926

(b) For each company newly identified under this section that	29927
has active business operations, the Fund shall send a written	29928
notice informing the company of its scrutinized company status	29929
and that it may become subject to divestment by the Fund. The	29930
notice shall inform the company of the opportunity to clarify its	29931
Iran-related or Sudan-related activities and encourage the	29932
company, within ninety days, to cease its scrutinized business	29933
operations or convert such operations to inactive business	29934
operations in order to avoid qualifying for divestment by the	29935
Fund.	29936

(c) If, within ninety days after the Fund creates the lists	29937
pursuant to division (B)(2) of this section, a company on either	29938
list ceases scrutinized business operations, the Fund shall remove	29939
the company from the scrutinized companies with activities in	29940
Sudan list and the scrutinized companies with activities in Iran	29941
list, and the provisions of this chapter shall cease to apply to	29942
that company unless that company resumes scrutinized business	29943
operations. If, within ninety days after the Fund creates the	29944
list, the company converts its scrutinized active business	29945
operations to inactive business operations, the company is	29946
subject to all provisions of this chapter relating to inactive	29947
business operations. A company may be on both the scrutinized	29948
companies with activities in Sudan list and the scrutinized	29949
companies with activities in Iran list. A company may be removed	29950
from one list but remain on the other list, in which case the	29951
company is subject to the provisions of this chapter applicable	29952
to the list on which the company remains.	29953

(d) The Fund shall submit letters to the managers of	29954
actively managed investment funds containing indirect holdings in	29955
companies identified in division (B)(1) of this section that have	29956
scrutinized active business operations requesting that they	29957
consider removing such companies from the Fund or create a similar	29958
actively managed fund having indirect holdings devoid of such	29959
companies.	29960

(C) The Ohio Police and Fire Pension Fund Board shall adopt a	29961
policy to address divestiture of holdings in companies identified	29962
and engaged pursuant to division (B) of this section. The goal of	29963
the policy shall be to achieve complete divestiture from such	29964
holdings when divestiture would be prudent and consistent with the	29965
Board's fiduciary duty. The policy shall be developed within	29966
thirty days after the effective date of this section.	29967

(D)(1) The Ohio Police and Fire Pension Fund shall file a	29968
report with the President of the Senate, the Speaker of the	29969
House of Representatives, the Minority Leader of the Senate, the	29970
Minority Leader of the House of Representatives, and the Ohio	29971
Retirement Study Council that includes the scrutinized companies	29972
with activities in Sudan list and the scrutinized companies with	29973
activities in Iran list within thirty days after the list is	29974
created and within thirty days after the list is updated. The	29975
Fund shall make the report available to the public.	29976

(2) The Fund shall file a report annually, which shall be	29977
made available to the public, to the President of the Senate, the	29978
Speaker of the House of Representatives, the Minority Leader of	29979
the Senate, the Minority Leader of the House of Representatives,	29980
the Ohio Retirement Study Council, and the Workers Compensation	29981
Council, and send a copy of that report to the United States	29982
Presidential Special Envoy to Sudan and the United States	29983
Presidential Special Envoy to Iran, or an appropriate designee or	29984
successor, which includes:	29985

(a) A summary of correspondence with companies engaged by the	29986
Fund pursuant to this section;	29987

(b) All investments sold, redeemed, divested, or withdrawn	29988
pursuant to this section;	29989

(c) Any progress made under division (B)(4)(d) of this	29990
section;	29991

(d) A list of all publicly traded securities held directly by	29992
the Fund.	29993

(E) If any of the following occur, the Ohio Police and Fire	29994
Pension Fund shall no longer assemble the scrutinized companies	29995
with activities in Sudan list, shall cease engagement and	29996
divestment of such companies, and may reinvest in such companies	29997
as long as such companies do not satisfy the criteria for	29998
inclusion in the scrutinized companies with activities in Iran	29999
list:	30000

(1) Congress or the President of the United States determines	30001
that the government of Sudan has sufficiently halted the genocide	30002
in the Darfur region for at least twelve months.	30003

(2) The federal government revokes all sanctions imposed	30004
against the government of Sudan.	30005

(3) Congress or the President of the United States, through	30006
legislation or executive order, declares that mandatory divestment	30007
of the type provided for in this chapter interferes with the	30008
conduct of United States foreign policy.	30009

(4) Congress or the President of the United States declares	30010
that the government of Sudan has honored its commitments to cease	30011
attacks on civilians, demobilize and demilitarize the Janjaweed	30012
and associated militias, grant free and unfettered access for	30013
deliveries of humanitarian assistance, and allow for the safe and	30014
voluntary return of refugees and internally displaced persons.	30015

(F) If any of the following occur, the Fund shall no longer	30016
assemble the scrutinized companies with activities in Iran list	30017
and shall cease engagement, investment prohibitions, and	30018
divestment. The Fund may reinvest in such companies as long as	30019
such companies do not satisfy the criteria for inclusion in the	30020
scrutinized companies with activities in Sudan list:	30021

(1) Congress or the President of the United States determines	30022
that the government of Iran has ceased to acquire weapons of mass	30023
destruction and support international terrorism.	30024

(2) The federal government revokes all sanctions imposed	30025
against the government of Iran.	30026

(3) Congress or the President of the United States declares	30027
that mandatory divestment of the type provided for in this act	30028
interferes with the conduct of United States foreign policy.	30029

(G) The Ohio Police and Fire Pension Fund is not liable for	30030
breach of the Fund's fiduciary duty if the Fund complies in	30031
good faith with the requirements of this section. If the Fund	30032
made determinations in good faith regarding the status of a	30033
company as required under this section, the members are not	30034
liable in an action for libel or slander. All former, present, or	30035
future members of the Ohio Police and Fire Pension Fund Board of	30036
Trustees and all officers, employees, and agents of the Fund	30037
shall be indemnified, whether jointly or severally, for all	30038
claims, demands, suits, actions, damages, judgments, costs,	30039
charges, and expenses, including court costs and attorney's fees,	30040
and against all liability, losses, and damages of any nature that	30041
such board members, officers, employees, or agents may incur by	30042
reason of any decision to restrict, reduce, or eliminate	30043
investments in companies doing business in Iran or Sudan. A Board	30044
member, officer, employee, or agent of the Fund shall be	30045
indemnified through the Fund. In any action pursuant to this	30046
chapter, the Board has any rights granted in section 109.98 of	30047
the Revised Code.	30048

Section 711.10. (A) As used in this section, "Community	30049
development bank" has the meaning as set forth in the "Federal	30050
Deposit Insurance Corporation Improvement Act of 1991," 105 Stat.	30051
2317, 12 U.S.C. 1834b(e)(1).	30052

(B) Notwithstanding any contrary provision of section 135.33	30053
of the Revised Code, a community development bank, pursuant to	30054
that section, may apply to, and be designated by, a county as a	30055
depository of active moneys during the county's period of	30056
designation in effect on the effective date of this section if all	30057
of the following apply:	30058

(1) The bank is located in a county with a population of over	30059
one million three hundred thousand people based on the most recent	30060
decennial census figures from the United States Department of	30061
Commerce, Division of Census;	30062

(2) The bank has previously served the county described in	30063
division (B)(1) of this section as a depository;	30064

(3) The bank applies to the county described in division	30065
(B)(1) of this section to be a depository; and	30066

(4) The bank is an eligible institution under section 135.32	30067
of the Revised Code.	30068

Section 715.10. The Department of Natural Resources and the	30069
Department of Public Safety shall seek all available federal money	30070
to assist the City of Findlay in rebuilding infrastructure or	30071
building preventative infrastructure with respect to flood	30072
mitigation and preparation.	30073

Section 715.20. The General Assembly hereby declares that a	30074
loan that is currently outstanding and that was granted prior to	30075
1995 by the Ohio Water Development Authority to a regional water	30076
and sewer district concerning which the district originally owed	30077
less than $5,000 is hereby void and shall not be collected by the	30078
Authority.	30079

Section 715.30. (A) There is hereby created the State Park	30080
and Recreational Area Study Committee consisting of the following	30081
members:	30082

(1) The Director of Natural Resources or the Director's	30083
designee;	30084

(2) Two members representing the public appointed by the	30085
Governor who have general knowledge of the operation of a park or	30086
recreational area;	30087

(3) Three members appointed by the Speaker of the House of	30088
Representatives who may be members of the House of Representatives	30089
or individuals representing the public. A member representing the	30090
public shall have general knowledge of the operation of a park or	30091
recreational area.	30092

(4) Three members appointed by the President of the Senate	30093
who may be members of the Senate or individuals representing the	30094
public. A member representing the public shall have general	30095
knowledge of the operation of a park or recreational area.	30096

(B) All appointments to the Committee shall be made not later	30097
than thirty days after the effective date of this section. The	30098
Director of Natural Resources shall serve as the chairperson of	30099
the Committee.	30100

(C) Members of the Committee shall serve without compensation	30101
and shall not be reimbursed for expenses.	30102

(D) The Department of Natural Resources shall provide	30103
administrative support if requested by the Committee.	30104

(E) The Committee shall study and assess the current and	30105
future operating budgets of the state parks and of recreational	30106
areas under the control of the Department of Natural Resources and	30107
the condition of the current infrastructure and future needs of	30108
the state parks and those recreational areas.	30109

(F) Not later than December 31, 2008, the Committee shall	30110
submit a report of its findings to the Governor, the Speaker of	30111
the House of Representatives, the Minority Leader of the House of	30112
Representatives, the President of the Senate, and the Minority	30113
Leader of the Senate. Upon the submission of the report, the	30114
Committee shall cease to exist.	30115

Section 715.40. It is the intent of the General Assembly	30116
that the authorization of a transfer of a portion of the interest	30117
money in the Coal-Workers Pneumoconiosis Fund created in section	30118
4131.03 of the Revised Code, by the amendment of that section by	30119
this act, to the Mine Safety Fund created in section 1561.24 of	30120
the Revised Code, as enacted by this act, is not to be a	30121
long-term funding source for the Mine Safety Fund. In addition,	30122
the General Assembly's authorization of such a transfer by this	30123
act does not establish a precedent for the transfer of money from	30124
other Bureau of Workers' Compensation funds to other funds.	30125
Finally, the Department of Natural Resources shall examine	30126
sources other than the Coal-Workers Pneumoconiosis Fund to	30127
provide money for the Mine Safety Fund and report its findings to	30128
the Bureau of Workers' Compensation Board of Directors	30129
immediately prior to the five-year review of the rules adopted	30130
under division (B)(2) of section 4131.03 of the Revised Code, as	30131
amended by this act.	30132

Section 733.10. (A) As used in this section:

30133

(1) "Eligible school district" means a city, exempted	30134
village, or local school district for which the certification of	30135
taxable values made under division (A) of section 3317.021 of the	30136
Revised Code for fiscal year 2007 and for fiscal year 2008	30137
erroneously included at least ten million dollars in assessed	30138
value of tax-exempt public utility property.	30139

(2) "Tax-exempt public utility property" means real or	30140
tangible personal property used in the provision of a public	30141
utility service that was exempted from taxation for tax years 2005	30142
and 2006 under section 5709.62 or 5709.63 of the Revised Code.	30143

(3) "State education aid" has the same meaning as in section	30144
5751.20 of the Revised Code, except that for fiscal year 2007,	30145
state education aid includes both of the following:	30146

(a) The transportation payment calculated under Section	30147
206.09.21 of Am. Sub. H.B. 66 of the 126th General Assembly, as	30148
amended, instead of division (D) of section 3317.022 of the	30149
Revised Code;	30150

(b) Transitional aid calculated under Section 206.09.39 of	30151
that act, as amended.	30152

(4) "2005 valuation adjustment" means the assessed value of	30153
tax-exempt public utility property that was included in the	30154
certification made under division (A) of section 3317.021 of the	30155
Revised Code for fiscal year 2007.	30156

(5) "2006 valuation adjustment" means the assessed value of	30157
tax-exempt public utility property that was included in the	30158
certification made under division (A) of section 3317.021 of the	30159
Revised Code for fiscal year 2008.	30160

(B)(1) The Department of Education shall recompute an	30161
eligible school district's state education aid for fiscal year	30162
2007 by reducing the total taxable value certified for the	30163
district under division (A) of section 3317.021 of the Revised	30164
Code for that fiscal year by an amount equal to the 2005 valuation	30165
adjustment, and pay the district the increase in state education	30166
aid resulting from the recomputation. Each component of state	30167
education aid affected by the valuation adjustment shall be	30168
recomputed. Within forty-five days after the effective date of	30169
this section, the payment shall be made from money appropriated	30170
for fiscal year 2008 under the appropriation line items	30171
corresponding with the components of state education aid required	30172
to be recomputed under this division.	30173

(2) The Department of Education shall recompute an eligible	30174
school district's state education aid for fiscal year 2008 by	30175
reducing the total taxable value certified for the district under	30176
division (A) of section 3317.021 of the Revised Code for that	30177
fiscal year by an amount equal to the 2006 valuation adjustment,	30178
and pay the district the increase in state education aid resulting	30179
from the recomputation. Each component of state education aid	30180
affected by the valuation adjustment shall be recomputed. The	30181
payment shall be made from money appropriated for fiscal year 2008	30182
under the appropriation line items corresponding with the	30183
components of state education aid required to be recomputed under	30184
this division. The amount of the payment shall be divided in equal	30185
amounts among the remaining payments of state education aid	30186
required to be made during fiscal year 2008 that have not been	30187
paid before the effective date of this section, and paid at the	30188
same time as those payments.	30189

(3) The recomputed total taxable value and state education	30190
aid recomputed under divisions (B)(1) and (2) of this section	30191
shall be regarded as the district's total taxable value and state	30192
education aid for fiscal year 2007 and 2008, respectively, for all	30193
purposes of Chapter 3317. of the Revised Code; Am. Sub. H.B. 66 of	30194
the 126th General Assembly, including the computation of	30195
transitional aid under Section 206.09.39 of that act, as amended;	30196
and Am. Sub. H.B. 119 of the 127th General Assembly, including	30197
under Section 269.30.80 of that act.	30198

(4) Any amounts payable under division (B)(1) or (2) of this	30199
section shall be reduced by any amount paid under section 3317.026	30200
of the Revised Code if the amount paid under that section was paid	30201
on account of refunded taxes charged against tax-exempt public	30202
utility property for tax year 2005 or 2006 and for which	30203
recomputation is made under division (B) of this section.	30204

(C) The Department of Education shall recompute an eligible	30205
school district's adjusted valuation per pupil and average taxable	30206
value for the purposes of ranking the district under section	30207
3318.011 of the Revised Code, and determining the district's	30208
portion of the basic project cost under section 3318.032 of the	30209
Revised Code, for any such computation that includes the taxable	30210
values certified for the district for tax year 2005 or 2006 under	30211
division (A) of section 3317.021 of the Revised Code. For	30212
computations of valuation per pupil or average taxable value that	30213
include the taxable value certified for tax year 2005, the	30214
recomputation shall incorporate the taxable values so certified	30215
reduced by the 2005 valuation adjustment. For computations of	30216
valuation per pupil or average taxable value that include the	30217
taxable value certified for tax year 2006, the recomputation shall	30218
incorporate the taxable values so certified reduced by the 2006	30219
valuation adjustment. Within forty-five days after the effective	30220
date of this act, the Department shall adjust the percentile	30221
ranking of the district and perform the Department's other duties	30222
under section 3318.011 of the Revised Code to reflect the	30223
recomputations, and shall certify the recomputations and other	30224
information required by that section to the Ohio School Facilities	30225
Commission. The Commission shall adjust the portion of basic	30226
project cost to be supplied by the district on the basis of the	30227
department's certification.	30228

Section 733.13. (A) As used in this section, "equity list"	30229
means the school district percentile rankings calculated under	30230
section 3318.011 of the Revised Code.	30231

(B) Not later than thirty days after the effective date of	30232
this section, the Department of Education shall create an	30233
alternate equity list for fiscal year 2008 by recalculating each	30234
school district's percentile ranking under section 3318.011 of the	30235
Revised Code and shall certify the alternate equity list to the	30236
Ohio School Facilities Commission. For this purpose, the	30237
Department shall recalculate every school district's percentile	30238
ranking using the district's "valuation per pupil" as that term is	30239
defined in the version of section 3318.011 of the Revised Code in	30240
effect on and after September 29, 2007. When recalculating the	30241
percentile rankings, the Department shall use the same values for	30242
"average taxable value," "formula ADM," and "income factor," as	30243
those terms are defined in section 3318.011 of the Revised Code,	30244
that it used in calculating the original equity list for fiscal	30245
year 2008 certified to the Commission on September 5, 2007, and	30246
shall not use any updated values for those variables.	30247

(C) The Commission shall use the alternate equity list	30248
certified under division (B) of this section to determine the	30249
priority for assistance under sections 3318.01 to 3318.20 of the	30250
Revised Code in fiscal year 2009 for each school district that has	30251
not previously been offered funding under those sections. The	30252
alternate equity list shall not affect any school district's	30253
eligibility for the Exceptional Needs School Facilities Assistance	30254
Program under section 3318.37 of the Revised Code.	30255

(D) Notwithstanding any provision of Chapter 3318. of the	30256
Revised Code to the contrary, for each school district that	30257
receives the Commission's conditional approval of the district's	30258
project under sections 3318.01 to 3318.20 or section 3318.37 of	30259
the Revised Code in fiscal year 2009, the district's portion of	30260
the basic project cost shall be the lesser of the following:	30261

(1) The amount required under section 3318.032 of the Revised	30262
Code calculated using the percentile in which the district ranks	30263
on the alternate equity list certified under division (B) of this	30264
section;	30265

(2) The amount required under section 3318.032 of the Revised	30266
Code calculated using the percentile in which the district ranks	30267
on the original equity list for fiscal year 2008.	30268

Section 733.14. (A) As used in this section:

30269

(1) "Alternative equity list" means a rank order of all city,	30270
exempted village, and local school districts into percentiles	30271
according to the one-year adjusted valuation per pupil of each	30272
district from lowest to higher adjusted valuation per pupil,	30273
computed as follows:	30274

(The district's total taxable value for tax year 2006 / the	30275
district's formula ADM for fiscal year 2007) - [$30,000 x (1 -the	30276
district's income factor for fiscal year 2007)]	30277

(2) "Original equity list" means the school district	30278
percentile ranking according to the three-year average adjusted	30279
valuation per pupil of all city, exempted village, and local	30280
school districts calculated under section 3318.011 of the Revised	30281
Code and certified to the Ohio School Facilities Commission on	30282
September 5, 2007.	30283

(3) "Project" has the same meaning as in section 3318.01 of	30284
the Revised Code.	30285

(4) "School district's portion of the basic project cost"	30286
means the portion of the basic project cost computed under section	30287
3318.032 of the Revised Code.	30288

(5) "Total taxable value," "formula ADM," and "income factor"	30289
have the same meanings as in section 3317.02 of the Revised Code.	30290

(B) Not later than thirty days after the effective date of	30291
this section, the Department of Education shall create the	30292
alternative equity list defined in this section and shall certify	30293
that list to the Ohio School Facilities Commission for its use in	30294
determining funding of school district projects for fiscal year	30295
2009, in the manner prescribed in division (C) of this section.	30296

(C) Notwithstanding any provision to the contrary in Chapter	30297
3318. of the Revised Code, for fiscal year 2009 only, in the case	30298
of any school district that has not received funding under	30299
sections 3318.01 to 3318.20 of the Revised Code in any fiscal year	30300
prior to fiscal year 2009 and for which the district's rank on the	30301
alternative equity list is at least fifteen percentiles lower than	30302
the district's rank on the original equity list:	30303

(1) The Commission shall use the district's percentile on the	30304
alternative equity list to determine the district's priority for	30305
assistance and the school district's portion of the basic project	30306
cost for a project under sections 3318.01 to 3318.20 of the	30307
Revised Code, rather than the district's percentile on the	30308
original equity list as otherwise provided under those sections;	30309

(2) The Commission shall use the district's percentile on the	30310
alternative equity list to determine the school district's portion	30311
of the basic project cost for a project under section 3318.37 of	30312
the Revised Code, rather than the district's percentile on the	30313
original equity list as otherwise provided under that section. The	30314
alternative equity list shall not affect any school district's	30315
eligibility and priority for assistance under that section.	30316

The Commission shall not use the alternative equity list to	30317
determine the priority for funding or a school district's portion	30318
of the basic project cost for any other school district or for any	30319
other program administered by the Commission.	30320

(D) If a school district is offered funding under sections	30321
3318.01 to 3318.20 or section 3318.37 of the Revised Code for	30322
fiscal year 2009 based on this section, the district's project	30323
shall proceed as specified in those sections, except as otherwise	30324
provided in this section.	30325

Section 733.15. Notwithstanding division (B) of section	30326
3318.40 of the Revised Code, the Ohio School Facilities	30327
Commission may set aside up to three per cent of the aggregate	30328
amount appropriated to it in fiscal year 2008 for classroom	30329
facilities assistance projects in the Education Facilities Trust	30330
Fund established under section 183.26 of the Revised Code, the	30331
Public School Building Fund established under section 3318.15 of	30332
the Revised Code, and the School Building Program Assistance Fund	30333
established under section 3318.25 of the Revised Code to provide	30334
assistance to joint vocational school districts for the	30335
acquisition of classroom facilities in accordance with sections	30336
3318.40 to 3318.45 of the Revised Code.	30337

Section 733.20. Notwithstanding any provision to the contrary	30338
in Chapter 3314. of the Revised Code, with respect to the	30339
calculation of full-time equivalency under division (L)(3) of	30340
section 3314.08 of the Revised Code, the Superintendent of Public	30341
Instruction shall waive the number of hours or days of learning	30342
opportunities not offered to a student because a community school	30343
was closed during the 2007-2008 school year due to disease	30344
epidemic, hazardous weather conditions, inoperability of school	30345
buses or other equipment necessary to the school's operation,	30346
damage to a school building, or other temporary circumstances due	30347
to utility failure rendering the school building unfit for school	30348
use, so long as the school was actually open for instruction with	30349
pupils in attendance during that school year for not less than	30350
nine hundred twenty hours. For purposes of determining funding	30351
for the community school under Chapter 3314. of the Revised Code	30352
for the 2007-2008 school year, the Department of Education shall	30353
treat the school as if it were open for instruction with pupils	30354
in attendance during the hours or days waived under this section.	30355

Section 733.21. (A) Notwithstanding sections 3313.48,	30356
3313.481, and 3317.01 of the Revised Code, no school district to	30357
which the following conditions apply shall be required to make up	30358
any days or hours a school was closed during the 2007-2008 school	30359
year due to flooding from a burst water pipe:	30360

(1) The flooding caused the school to be closed for only one	30361
day in excess of the number permitted by sections 3313.48,	30362
3313.481, and 3317.01 of the Revised Code and the other schools of	30363
the district were not closed for any days in excess of the number	30364
permitted by those sections.	30365

(2) The length of the school day for the school closed due to	30366
flooding exceeds the minimum number of hours required by the State	30367
Board of Education under section 3313.48 of the Revised Code by at	30368
least one-half hour.	30369

(B) A school district described in division (A) of this	30370
section shall not be considered to have failed to comply with	30371
division (B) of section 3317.01 of the Revised Code during the	30372
2007-2008 school year for purposes of receiving state payments	30373
under Chapter 3317. of the Revised Code in fiscal year 2009.	30374

Section 733.30. (A)(1) The clearinghouse of distance	30375
learning courses established under former sections 3353.20 to	30376
3353.30 of the Revised Code is hereby moved from the eTech Ohio	30377
Commission to the Chancellor of the Ohio Board of Regents. On and	30378
after the effective date of this section, that clearinghouse shall	30379
be administered by the Chancellor in the manner prescribed by	30380
sections 3353.20 (3333.81), 3353.21 (3333.82), 3353.22 (3333.83),	30381
3353.26 (3333.85), 3353.27 (3333.86), 3353.28 (3333.87), and	30382
3353.29 (3333.88) of the Revised Code, as amended and renumbered	30383
by this act, new section numbers indicated in parentheses, and	30384
section 3333.84 of the Revised Code as enacted by this act.	30385

(2) The Chancellor is thereupon and thereafter successor to	30386
and assumes the obligations of the Commission as they relate to	30387
the distance learning clearinghouse.	30388

(3) Any business commenced but not completed by the	30389
Commission related to the distance learning clearinghouse shall be	30390
completed by the Chancellor in the same manner, and with the same	30391
effect, as if completed by the Commission. No validation, cure,	30392
right, privilege, remedy, obligation, or liability is lost or	30393
impaired by reason of moving the clearinghouse from the Commission	30394
to the Chancellor.	30395

(4) All of the rules of the Commission related to the	30396
distance learning clearinghouse continue in effect as rules of the	30397
Chancellor, until amended or rescinded by the Chancellor.	30398

(B) No judicial or administrative action or proceeding	30399
related to the distance learning clearinghouse, in which the	30400
Commission is a party, that is pending on the effective date of	30401
this section is affected by reason of moving the clearinghouse	30402
from the Commission to the Chancellor. Such action or proceeding	30403
shall be prosecuted or defended in the name of the Chancellor. On	30404
application to the court or other tribunal, the Chancellor of the	30405
Ohio Board of Regents shall be substituted for the eTech Ohio	30406
Commission as a party to such action or proceeding.	30407

(C) On the effective date of this section, all books,	30408
records, documents, files, transcripts, equipment, furniture,	30409
supplies, and other materials related to the distance learning	30410
clearinghouse assigned to or in the possession of the Commission	30411
shall be transferred to the Chancellor.	30412

Section 737.10. HOME MEDICAL EQUIPMENT SERVICE PROVIDERS

30413

If a provider of home medical equipment services holds a	30414
license or certificate of registration scheduled to expire in an	30415
odd-numbered year pursuant to sections 4752.05 and 4752.12 of the	30416
Revised Code, as those sections existed prior to being amended by	30417
this act, the next renewal of the license or certificate that	30418
occurs after the effective date of this section shall be	30419
processed by the Ohio Respiratory Care Board in accordance with	30420
the even-numbered year licensing and registration periods	30421
specified in sections 4752.05 and 4752.12 of the Revised Code,	30422
as amended by this act. The Board shall provide for a	30423
proportionate reduction in the renewal fee that otherwise would	30424
apply for renewing the license or certificate.	30425

Section 751.10. ICF/MR CONVERSION

30426

(A) As used in this section, "home and community-based	30427
services" has the same meaning as in section 5123.01 of the	30428
Revised Code.	30429

(B) For each quarter of fiscal year 2009, the Director of	30430
Mental Retardation and Developmental Disabilities shall certify	30431
to the Director of Budget and Management the estimated amount to	30432
be transferred from the Department of Job and Family Services to	30433
the Department of Mental Retardation and Developmental	30434
Disabilities for the provision of home and community-based	30435
services made available by the slots sought under section	30436
5111.877 of the Revised Code. On receipt of the certification	30437
from the Director of Mental Retardation and Developmental	30438
Disabilities, the Director of Budget and Management may do one	30439
or more of the following:	30440

(1) Reduce GRF appropriation item 600-525, Health	30441
Care/Medicaid, in the Department of Job and Family Services, by	30442
the estimated amount for providing the home and community-based	30443
services and increase GRF appropriation item 322-416, Medicaid	30444
Waiver - State Match, in the Department of Mental Retardation and	30445
Developmental Disabilities, by the state share of the estimated	30446
amount for the provision of the home and community-based	30447
services;	30448

(2) Increase appropriation item 322-639, Medicaid Waiver –	30449
Federal, in the Department of Mental Retardation and Developmental	30450
Disabilities, by the federal share amount of the estimated amount	30451
for the provision of the home and community-based services;	30452

(3) Increase appropriation item 600-655, Interagency	30453
Reimbursement, in the Department of Job and Family Services, by	30454
the federal share of the estimated amount for the provision of	30455
the home and community-based services.	30456

Section 751.20. MONEY FOLLOWS THE PERSON ENHANCED	30457
REIMBURSEMENT FUND	30458

The Money Follows the Person Enhanced Reimbursement Fund is	30459
hereby created in the state treasury. The federal payments made	30460
to the state under subsection (e) of section 6071 of the "Deficit	30461
Reduction Act of 2005," Pub. L. No. 109-171, shall be deposited	30462
into the Fund. The Department of Job and Family Services shall	30463
use money deposited into the Fund for system reform activities	30464
related to the Money Follows the Person demonstration project.	30465

Section 751.30. MORATORIUM ON CLOSURE OF STATE MENTAL HEALTH	30466
FACILITIES	30467

(A) As used in this section, "state mental health facility"	30468
means an institution for the care and treatment of individuals	30469
with mental illness that is maintained, operated, managed, and	30470
governed by the Department of Mental Health pursuant to Chapter	30471
5119. of the Revised Code.	30472

(B) Until six months after the effective date of this	30473
section, neither the Governor nor the Department of Mental Health	30474
shall close a state mental health facility, notwithstanding the	30475
provisions of Chapter 5119. of the Revised Code or any other	30476
provision of the Revised Code under which the Department has	30477
jurisdiction over state mental health facilities.	30478

Section 757.10. The purpose of the amendment by this act of	30479
section 5709.121 of the Revised Code is to clarify the intent of	30480
the General Assembly that institutions of the kind described in	30481
the amendment are charitable institutions for the purposes of that	30482
section as it existed before the effective date of the amendment.	30483
Therefore, the amendment applies to any application for exemption,	30484
or the property that is the subject of such application, pending	30485
before the Tax Commissioner on the effective date of this act or	30486
filed thereafter.	30487

Section 803.03. Notwithstanding division (E)(3) of section	30488
5721.37 of the Revised Code, the holder of a certificate for	30489
which a notice of intent to foreclose has been filed with the	30490
county treasurer before the effective date of this section shall	30491
have ninety days from the effective date of this section to file	30492
foreclosure proceedings in a court of competent jurisdiction.	30493

Section 803.06. The amendment by this act of section 5739.02	30494
of the Revised Code, adding divisions (B)(49) and (50), applies	30495
to sales described in those divisions on or after August 1,	30496
2008.	30497

Section 803.10. That the amendment of section 5747.01 of the	30498
Revised Code by this act applies to taxable years beginning on or	30499
after January 1, 2008.	30500

Section 803.20. The amendment by this act to section 6117.012	30501
of the Revised Code applies to any proceedings, covenant,	30502
stipulation, obligation, resolution, trust agreement, indenture,	30503
loan agreement, lease agreement, agreement, act, or action, or	30504
part of it, pending on the effective date of this act.	30505

Section 803.30. Sections 4117.01 and 4117.09 of the Revised	30506
Code, as amended by this act, apply only to collective bargaining	30507
agreements and extensions and renewals of those agreements entered	30508
into on or after the effective date of those sections as amended	30509
by this act.	30510

Section 803.31. Sections 4117.14 and 4117.15 of the Revised	30511
Code, as amended by this act, apply only to collective bargaining	30512
agreements and extensions and renewals of those agreements entered	30513
into on or after the effective date of those sections as amended	30514
by this act.	30515

Section 803.40. Sections 4123.26, 4123.32, 4123.37, and	30516
4123.54 of the Revised Code, as amended by this act, apply to all	30517
claims pursuant to Chapters 4121., 4123., and 4131. of the Revised	30518
Code arising on and after the effective date of those sections as	30519
amended by this act.	30520

Section 803.50. BOARDS OF ALCOHOL, DRUG ADDICTION, AND	30521
MENTAL HEALTH SERVICES	30522

The amendments made by this act to section 340.02 of the	30523
Revised Code specifying the areas of interest to be reflected in	30524
the composition of a board of alcohol, drug addiction, and mental	30525
health service do not affect the terms of the members holding	30526
office on the effective date of this section.	30527

Section 806.10. The items of law contained in this act, and	30528
their applications, are severable. If any item of law contained in	30529
this act, or if any application of any item of law contained in	30530
this act, is held invalid, the invalidity does not affect other	30531
items of law contained in this act and their applications that can	30532
be given effect without the invalid item or application.	30533

Section 812.10. Except as otherwise provided in this act, the	30534
amendment, enactment, or repeal by this act of a section is	30535
subject to the referendum under Ohio Constitution, Article II,	30536
Section 1c and section 1.471 of the Revised Code. Such an	30537
amendment, enactment, or repeal takes effect on the date specified	30538
below for the amendment, enactment or repeal or, if a date is not	30539
specified below for the amendment, enactment or repeal, on the	30540
ninety-first day after this act is filed with the Secretary of	30541
State.	30542

Sections 9.835, 109.71, 113.061, 120.08, 122.171, 124.821,	30543
125.021, 125.04, 125.09, 125.18, 125.25, 133.08, 133.52, 135.101,	30544
135.102, 135.103, 135.104, 135.105, 135.106, 135.61, 135.63,	30545
135.65, 135.66, 145.47, 156.02, 165.01, 165.03, 303.12, 303.211,	30546
307.697, 319.301, 321.261, 340.02, 340.021, 351.26, 519.12,	30547
519.211, 715.73, 715.74, 901.42, 1332.04, 1561.011, 1561.16,	30548
1561.17, 1561.23, 1561.24, 1561.25, 1561.26, 1561.261, 1565.15,	30549
1567.64, 1567.681, 2743.49, 2935.01, 2935.03, 2949.092, 2949.094,	30550
3119.023, 3301.0714, 3310.42, 3311.21, 3311.24, 3313.842,	30551
3313.978, 3314.016, 3314.02, 3314.03, 3314.05, 3314.086, 3314.37,	30552
3316.03, 3316.041, 3316.06, 3316.08, 3317.023, 3317.161, 3317.20,	30553
3323.30, 3323.31 (3323.33), 3323.32 (3323.34), 3323.33 (3323.35),	30554
3333.84, 3335.05, 3341.03, 3343.08, 3344.02, 3352.02, 3353.02,	30555
3353.20 (3333.81), 3353.21 (3333.82), 3353.22 (3333.83), 3353.23,	30556
3353.24, 3353.25, 3353.26 (3333.85), 3353.27 (3333.86), 3353.28	30557
(3333.87), 3353.29 (3333.88), 3353.30, 3354.16, 3355.12, 3356.02,	30558
3357.16, 3359.02, 3361.02, 3364.02, 3365.15, 3703.01, 3734.821,	30559
3735.67, 3905.40, 3925.101, 3961.04, 4117.01, 4117.09, 4117.14,	30560
4117.15, 4123.26, 4123.32, 4123.37, 4123.54, 4131.03, 4301.355,	30561
4301.404, 4301.421, 4301.424, 4301.62, 4303.181, 4303.182,	30562
4303.30, 4399.12, 4510.10, 4511.01, 4511.181, 4511.191, 4735.01,	30563
4735.02, 4735.10, 4735.13, 4735.14, 4735.141, 4735.142, 4752.04,	30564
4752.05, 4752.06, 4752.07, 4752.11, 4752.12, 4752.13, 4905.84,	30565
4928.142, 5101.5211, 5101.5212, 5101.5213, 5101.5214, 5101.5215,	30566
5101.80, 5111.032, 5111.941, 5123.0412, 5123.36, 5501.09,	30567
5502.68, 5525.01, 5703.19, 5703.57, 5705.194, 5705.199, 5705.214,	30568
5705.29, 5709.121, 5721.30, 5721.31, 5721.32, 5721.33, 5721.34,	30569
5721.35, 5721.36, 5721.37, 5721.371, 5721.38, 5721.381, 5721.39,	30570
5721.40, 5721.41, 5721.42, 5721.43, 5739.01, 5739.029, 5739.12,	30571
5739.122, 5739.124, 5741.04, 5741.12, 5741.121, 5741.122,	30572
5743.021, 5743.024, 5743.321, 5743.323, 5747.01, 5747.02,	30573
5747.082, 5748.022, 5749.17, 6117.01, 6117.011, 6117.012,	30574
6117.04, 6117.05, 6117.06, 6117.25, 6117.251, 6117.28, 6117.30,	30575
6117.34, 6117.38, 6117.41, 6117.42, 6117.43, 6117.44, 6117.45,	30576
6117.49, 6121.045, and 6123.042 of the Revised Code. New sections	30577
3323.31 and 3323.32 of the Revised Code that replace sections	30578
bearing the same numbers that have been renumbered.	30579

Section 5 of Am. Sub. H.B. 24 of the 127th General Assembly,	30580
Section 203.10 of Am. Sub. H.B. 67 of the 127th General Assembly,	30581
and Sections 103.80.50, 201.30, 201.50, 301.20.20, 301.20.80,	30582
401.11, and 401.71 of H.B. 496 of the 127th General Assembly, all	30583
as amended by this act.	30584

All sections of this act prefixed with a section number in	30585
the 200s.	30586

Sections 620.20, 701.10, 701.20, 705.10, 711.10, 715.10,	30587
715.30, 715.40, 733.30, 737.10, 757.10, 803.03, 803.10, 803.20,	30588
803.30, 803.31, 803.40, 803.50, 812.10, and 815.10 of this act.	30589

Section 812.20. The amendment, enactment, or repeal by this	30590
act of the following sections is exempt from the referendum under	30591
Ohio Constitution, Article II, Section 1d and section 1.471 of the	30592
Revised Code and takes effect on the date specified below for the	30593
amendment, enactment or repeal or, if a date is not specified	30594
below for the amendment, enactment or repeal, immediately when	30595
this act becomes law.	30596

Sections 105.41, 113.40, 117.13, 117.38, 124.152, 149.30,	30597
353.01, 353.02, 353.03, 353.04, 353.05, 353.06, 353.061, 353.062,	30598
353.063, 3314.40, 3317.11, 3318.01, 3318.03, 3318.032, 3318.033,	30599
3318.034, 3318.04, 3326.45, 3333.04, 3333.044, 3333.122, 3702.71,	30600
3702.72, 3702.73, 3702.74, 3702.75, 3702.78, 3702.79, 3702.81,	30601
3702.85, 3702.86, 3702.91, 3702.93, 3702.95, 5101.572, 5111.0210,	30602
5111.091, 5111.31, 5111.874, 5111.875, 5111.876, 5111.877,	30603
5111.878, 5111.879, 5111.88, 5111.881, 5111.882, 5111.883,	30604
5111.884, 5111.885, 5111.886, 5111.887, 5111.888, 5111.889,	30605
5111.8810, 5111.8811, 5111.8812, 5111.8813, 5111.8814, 5111.8815,	30606
5111.8816, 5111.8817, 5112.311, 5123.196, 5703.82, 5727.85,	30607
5739.21, 5745.05, 5751.20, and 5751.21 of the Revised Code.	30608

The enactment of sections 3323.36 and 5112.371 of the	30609
Revised Code takes effect July 1, 2008.	30610

The amendment of section 5112.37 of the Revised Code takes	30611
effect July 1, 2008.	30612

Except as otherwise provided in this paragraph, the amendment	30613
of section 5112.31 of the Revised Code takes effect July 1, 2008.	30614
The amendment striking ", except as adjusted under section	30615
5112.311 of the Revised Code," takes effect immediately when this	30616
act becomes law.	30617

The repeal of section 5739.213 of the Revised Code takes	30618
effect July 1, 2008.	30619

Sections 203.50, 315.10, and 555.19 of Am. Sub. H.B. 67 of	30620
the 127th General Assembly, Sections 201.10 and 512.70 of Am. Sub.	30621
H.B. 100 of the 127th General Assembly, Sections 207.20.50,	30622
207.20.70, 207.30.10, 207.30.20, 207.30.30, 235.10, 261.10,	30623
263.10, 263.20.10, 263.30.10, 269.30.30, 269.30.70, 269.40.50,	30624
269.50.30, 275.10, 293.10, 299.10, 309.10, 309.30.13, 309.30.30,	30625
309.30.40, 309.30.41, 309.30.42, 309.40.33, 337.30, 337.30.43,	30626
337.40, 337.40.15, 369.10, 375.10, 375.80.10, 379.10, 393.10,	30627
405.10, 407.10, 512.03, 512.35, and 518.03 of Am. Sub. H.B. 119	30628
of the 127th General Assembly, and Section 101.10 of H.B. 496 of	30629
the 127th General Assembly, all as amended by this act.	30630

Sections 503.10, 503.20, 503.30, 515.10, 515.20, 515.21,	30631
515.30, 515.40, 620.10, 703.10, 707.10, 715.20, 733.10, 733.13,	30632
733.14, 733.15, 733.20, 733.21, 751.10, 751.20, 751.30, 812.20,	30633
and 812.40 of this act.	30634

Section 812.30. The amendment, enactment, or repeal by this	30635
act of the following sections provides for or is essential to	30636
implementation of a tax levy, is exempt from the referendum under	30637
Ohio Constitution, Article II, Section 1d, and takes effect on the	30638
date specified below for the amendment, enactment, or repeal or,	30639
if a date is not specified below for the amendment, enactment, or	30640
repeal, immediately when this act becomes law.	30641

Sections 1346.03, 2921.13, 4301.432, 4301.441, 4301.47,	30642
4303.03, 4303.233, 4303.33, 4303.333, and 5739.02 of the Revised	30643
Code.	30644

Sections 4303.071 and 4303.232 of the Revised Code take	30645
effect July 1, 2008.	30646

Sections 803.06 and 812.30 of this act.

30647

Section 812.40. The amendment by this act of the sections of	30648
law that are listed in the left-hand column of the following table	30649
combine amendments that are and are not exempt from the referendum	30650
under Ohio Constitution, Article II, Sections 1c and 1d and	30651
section 1.471 of the Revised Code.	30652

The middle column identifies the amendments that are subject	30653
to the referendum under Ohio Constitution, Article II, Section 1c	30654
and section 1.471 of the Revised Code and take effect on the	30655
ninety-first day after this act is filed with the Secretary of	30656
State.	30657

The right-hand column identifies the amendments that are	30658
exempt from the referendum under Ohio Constitution, Article II,	30659
Section 1d and section 1.471 of the Revised Code and take effect	30660
immediately when this act becomes law.	30661

Section of law	Amendments subject to referendum	Amendments exempt from referendum		30662
5703.21	Division (C)(12)	Division (C)(11)		30663

Section 815.10. Section 109.71 of the Revised Code is	30664
presented in this act as a composite of the section as amended by	30665
both Sub. H.B. 347 and Sub. H.B. 454 of the 126th General	30666
Assembly. Section 2935.01 of the Revised Code is presented in	30667
this act as a composite of the section as amended by both Sub.	30668
H.B. 545 and H.B. 675 of the 124th General Assembly. Section	30669
4301.421 of the Revised Code is presented in this act as a	30670
composite of the section as amended by both Sub. H.B. 239 and Am.	30671
Sub. S.B. 188 of the 121st General Assembly. The General	30672
Assembly, applying the principle stated in division (B) of	30673
section 1.52 of the Revised Code that amendments are to be	30674
harmonized if reasonably capable of simultaneous operation, finds	30675
that the composite is the resulting version of the section in	30676
effect prior to the effective date of the section as presented in	30677
this act.	30678